EVALUTION AND OBJECT CODE DISTRIBUTION AGREEMENT

IMPORTANT-READ CAREFULLY:  DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE, DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY "SOFTWARE") UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.  THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) ("YOU") AND ADVANCED MICRO DEVICES, INC. ("AMD"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” WILL MEAN THE ENTITY YOU REPRESENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THIS SOFTWARE.  BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. DEFINITIONS
    1. Documentation” means install scripts and online or electronic documentation associated, included, or provided in connection with the Object Code of the Software, or any portion thereof.
    2. Free Software License” means an open source or other license that requires, as a condition of use, modification or distribution, that any resulting software must be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge.
    3. Intellectual Property Rights” means all copyrights, trademarks, trade secrets, patents, mask works, and all related, similar, or other intellectual property rights recognized in any jurisdiction worldwide, including all applications and registrations with respect thereto.
    4. Object Code” means machine readable computer programming code files, which is not in a human readable form.
  2. LICENSE. Subject to the terms and conditions of this Agreement, AMD hereby grants You a non-exclusive, royalty-free, revocable, non-transferable, limited, copyright license to:
    a) install, use and copy the Software for internal use only at Your sites solely for the purpose of evaluating the Software for use with AMD’s products as used with Your products; and
    b) distribute and sublicense the Software to customers and end users (collectively, “Distribution Channel”) for use with AMD products when incorporated within Your products. Such distribution may be made through multiple tiers of distribution, only subject to an end user license agreement that meet the requirements in section 2.1.
    1. End User License Agreement. Distribution of Software by You and Your Distribution Channel will be pursuant to an enforceable end user license agreement (“End User License Agreement”) with terms and conditions that at a minimum are substantially similar to those set forth in Section 3 and the following: (a) prohibition on transfer or duplication of the Software (except for reasonable backup); (b) prohibitions on reverse engineering (unless allowed by law for interoperability), disassembly or de-compilation of the Software; (c) disclaimer, to the extent permitted by applicable law, of You and Your licensors’ liability for any damages, whether punitive, direct, incidental, indirect, special or consequential damages, arising from the use of, or distribution of the Software; (d) requirement that the end user comply fully with all relevant export laws and regulations of the United States and other applicable export and import laws; and (e) notification to the end user that the Software is subject to a restricted license and can only be used in conjunction with the intended AMD products. You will be financially responsible for all claims and damages to AMD caused by a breach of this Section 2.1. AMD is a third party beneficiary of any End User License Agreement.
  3. RESTRICTIONS. Except for the limited license expressly granted in Section 2 herein, You have no other rights in the Software, whether express, implied, arising by estoppel or otherwise. Further restrictions regarding Your use of the Software are set forth below. Except as expressly authorized herein, You may not:
    1. modify or create derivative works of the Software;
    2. distribute, publish, display, sublicense, assign or otherwise transfer the Software;
    3. decompile, reverse engineer, disassemble or otherwise reduce the Software in Object Code to a human-perceivable form (except as allowed by applicable law);
    4. alter or remove any copyright, trademark or patent notice(s) in the Software;
    5. use the Software to: (i) develop inventions directly derived from Confidential Information to seek patent protection (ii) assist in the analysis of Your patents and patent applications or (iii) modify Your existing patents or patent applications; or
    6. use the Licensed Materials in way that requires that the Licensed Materials or any portion thereof be licensed under a Free Software License.
  4. OWNERSHIP. The Software including all Intellectual Property Rights therein is and remains the sole and exclusive property of AMD or its licensors, and You shall have no right, title or interest therein except as expressly set forth in this Agreement.
  5. FEEDBACK. You have no obligation to give AMD any suggestions, comments or other feedback (“Feedback”) relating to the Software. However, AMD may use and include any Feedback that it receives from You to improve the Software or other AMD products, software and technologies. Accordingly, for any Feedback You provide to AMD, You grant AMD and its affiliates and subsidiaries a worldwide, non-exclusive, irrevocable, royalty-free, perpetual license to, directly or indirectly, use, reproduce, license, sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback in the Software or other AMD products, software and technologies. You further agree not to provide any Feedback that (a) You know is subject to any Intellectual Property Rights of any third party or (b) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other AMD Intellectual Property, to be licensed to or otherwise shared with any third party.
  6. SUPPORT AND UPDATES. AMD is under no obligation to provide any kind of support under this Agreement. AMD may, in its sole discretion, provide to You updates to the Software, and such updates will be covered under this Agreement.
  7. THIRD PARTY MATERIALS. The Software may include third party components for which You must obtain licenses from parties other than AMD (collectively, “Third Party Materials”). These Third Party Materials are not licensed as part of the Software licensed under this Agreement and are used at Your sole discretion. You are solely responsible for obtaining all applicable Intellectual Property Rights to use the Third Party Materials. In addition, the Software may include code or content subject to an open source or similar license (“Open Source Component”). To the extent that an Open Source Component is subject to a license that is inconsistent with this Agreement, then such Open Source Component shall be governed solely by the applicable open source license.
  8. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION.
    1. Disclaimer OF Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU INCLUDING, WITHOUT LIMITATION, THE RISK OF DATA CORRUPTION OR LOSS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
    2. Limitation of Liability and Indemnification. AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF USE, PROFITS, OR DATA ARISING FROM USE OF THE SOFTWARE OR THIS AGREEMENT EVEN IF AMD AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall AMD's total liability for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount of $100 USD. You agree to defend, indemnify and hold harmless AMD and its licensors, and any of their directors, officers, employees, affiliates or agents from and against any and all loss, damage, liability and other expenses (including reasonable attorneys' fees), resulting from Your use, distribution or sublicense of the Software or violation of the terms and conditions of this Agreement by You or any sublicense. The parties agree that these limitations are an essential element in setting consideration herein.
  9. CONFIDENTIALITY. You shall protect the Software and any information related thereto (collectively, “Confidential Information”) by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as You uses to protect your own confidential information of a like nature. You shall not disclose any Confidential Information disclosed hereunder to any third party and shall limit disclosure of Confidential Information to only those of your employees and contractors with a need to know and who are bound by confidentiality obligations with You at least as restrictive as those contained in this Agreement. You shall be responsible for your employees and contractors adherence to the terms of this Agreement. You may disclose Confidential Information in accordance with a judicial or other governmental order, provided that You either (a) gives AMD reasonable notice prior to such disclosure to allow AMD a reasonable opportunity to seek a protective order or equivalent or (b) obtains written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation.
  10. TERMINATION AND SURVIVAL. AMD may terminate the Agreement immediately upon the breach by You or any sublicensee of the terms of the Agreement. You may terminate the Agreement upon thirty (30) days written notice to AMD. The termination of this Agreement shall: (i) immediately result in the termination of all rights granted by You to distribute the Software through multiple tiers of distribution under Section 2; and (ii) have no effect on any sublicenses previously granted by You to end users under Subsections 2, which sublicenses shall survive in accordance with their terms. Upon termination or expiration of this Agreement, all provisions survive except for Section 2 and you will cease using and destroy or return to AMD all copies of the Software.
  11. EXPORT RESTRICTIONS. You shall adhere to all applicable U.S. import/export laws and regulations, as well as the import/export control laws and regulations of other countries as applicable. You further agree to not export, re-export, or transfer, directly or indirectly, any product, technical data, software or source code received from AMD under this license, or the direct product of such technical data or software to any country for which the United States or any other applicable government requires an export license or other governmental approval without first obtaining such licenses or approvals; or in violation of any applicable laws or regulations of the United States or the country where the technical data or software was obtained. You acknowledge the technical data and software received will not, in the absence of authorization from U.S. or local law and regulations as applicable, be used by or exported, re-exported or transferred to: (i) any sanctioned or embargoed country, or to nationals or residents of such countries; (ii) any restricted end-user as identified on any applicable government end-user list; or (iii) any party where the end-use involves nuclear, chemical/biological weapons, rocket systems, or unmanned air vehicles. For the most current Country Group listings, or for additional information about the EAR or Your obligations under those regulations, please refer to the U.S. Bureau of Industry and Security’s website at http://www.bis.doc.gov/.
  12. NOTICE TO U.S. GOVERNMENT END USERS. The Software and related documentation are "commercial items", as that term is defined at 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, respectively. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in this Agreement. Unpublished rights are reserved under the copyright laws of the United States.
  13. GOVERNING LAW. This Agreement is made under and shall be construed according to the laws of the State of California, excluding conflicts of law rules. Each party submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purposes of this Agreement. You acknowledge that your breach of this Agreement may cause irreparable damage and agree that AMD shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction.
  14. GENERAL PROVISIONS. You may not assign this Agreement without the prior written consent of AMD and any assignment without such consent will be null and void. The parties do not intend that any agency or partnership relationship be created between them by this Agreement. Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, in the event that any provision of this Agreement becomes or is declared unenforceable by any court of competent jurisdiction, such provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect.
  15. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement and understanding between the Parties with respect to the Software and supersedes and merges all prior oral and written agreements, discussions and understandings between them regarding the subject matter of this Agreement. No waiver or modification of any provision of this Agreement shall be binding unless made in writing and signed by an authorized representative of each Party.

If you agree to abide by the terms and conditions of this Agreement, please press “Accept.” If you do not agree to abide by the terms and conditions of this Agreement press “Decline,” You may not use the Software.

Third-Party Notices Report

hpcg-benchmark-hpcg v3.1 (BSD-3-Clause)

Copyright Statements

======================================================================

-- High Performance Conjugate Gradients (HPCG) Benchmark

HPCG - 3.1 - March 28, 2019

Michael A. Heroux

Scalable Algorithms Group, Center for Computing Research

Sandia National Laboratories, Albuquerque, NM

Piotr Luszczek

Jack Dongarra

University of Tennessee, Knoxville

Innovative Computing Laboratory

(C) Copyright 2013-2019 All Rights Reserved

License Text http://spdx.org/licenses/BSD-3-Clause

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

///

openmpi v4.1.4 (BSD-3-Clause)

Attribution Statements

The following is a notice of limited availability of the code, and disclaimer

which must be included in the prologue of the code and in all source listings

of the code.

Copyright Notice

+ 2002 University of Chicago

Permission is hereby granted to use, reproduce, prepare derivative works, and

to redistribute to others.This software was authored by:

Mathematics and Computer Science Division

Argonne National Laboratory, Argonne IL 60439

(and)

Department of Computer Science

University of Illinois at Urbana-Champaign

GOVERNMENT LICENSE

Portions of this material resulted from work developed under a U.S.

Government Contract and are subject to the following license: the Government

is granted for itself and others acting on its behalf a paid-up, nonexclusive,

irrevocable worldwide license in this computer software to reproduce, prepare

derivative works, and perform publicly and display publicly.

DISCLAIMER

This computer code material was prepared, in part, as an account of work

sponsored by an agency of the United States Government.Neither the United

States, nor the University of Chicago, nor any of their employees, makes any

warranty express or implied, or assumes any legal liability or responsibility

for the accuracy, completeness, or usefulness of any information, apparatus,

product, or process disclosed, or represents that its use would not infringe

privately owned rights.

Copyright Statements

Copyright (c) 2004-2012 The Trustees of Indiana University and Indiana

University Research and Technology

Corporation.All rights reserved.

Copyright (c) 2004-2021 The University of Tennessee and The University

of Tennessee Research Foundation.All rights

reserved.

Copyright (c) 2004-2018 High Performance Computing Center Stuttgart,

University of Stuttgart.All rights reserved.

Copyright (c) 2004-2008 The Regents of the University of California.

All rights reserved.

Copyright (c) 2006-2018 Los Alamos National Security, LLC.All rights

reserved.

Copyright (c) 2006-2021 Cisco Systems, Inc.All rights reserved.

Copyright (c) 2006-2010 Voltaire, Inc. All rights reserved.

Copyright (c) 2006-2021 Sandia National Laboratories. All rights reserved.

Copyright (c) 2006-2010 Sun Microsystems, Inc.All rights reserved.

Use is subject to license terms.

Copyright (c) 2006-2021 The University of Houston. All rights reserved.

Copyright (c) 2006-2009 Myricom, Inc.All rights reserved.

Copyright (c) 2007-2017 UT-Battelle, LLC. All rights reserved.

Copyright (c) 2007-2021 IBM Corporation.All rights reserved.

Copyright (c) 1998-2005 Forschungszentrum Juelich, Juelich Supercomputing

Centre, Federal Republic of Germany

Copyright (c) 2005-2008 ZIH, TU Dresden, Federal Republic of Germany

Copyright (c) 2007Evergrid, Inc. All rights reserved.

Copyright (c) 2008-2016 Chelsio, Inc.All rights reserved.

Copyright (c) 2008-2009 Institut National de Recherche en

Informatique.All rights reserved.

Copyright (c) 2007Lawrence Livermore National Security, LLC.

All rights reserved.

Copyright (c) 2007-2019 Mellanox Technologies.All rights reserved.

Copyright (c) 2006-2010 QLogic Corporation.All rights reserved.

Copyright (c) 2008-2017 Oak Ridge National Labs.All rights reserved.

Copyright (c) 2006-2012 Oracle and/or its affiliates.All rights reserved.

Copyright (c) 2009-2015 Bull SAS.All rights reserved.

Copyright (c) 2010ARM ltd.All rights reserved.

Copyright (c) 2016ARM, Inc.All rights reserved.

Copyright (c) 2010-2011 Alex Brick .All rights reserved.

Copyright (c) 2012The University of Wisconsin-La Crosse. All rights reserved.

Copyright (c) 2013-2020 Intel, Inc. All rights reserved.

Copyright (c) 2011-2021 NVIDIA Corporation.All rights reserved.

Copyright (c) 2016-2018 Broadcom Limited.All rights reserved.

Copyright (c) 2011-2021 Fujitsu Limited.All rights reserved.

Copyright (c) 2014-2015 Hewlett-Packard Development Company, LP.All

rights reserved.

Copyright (c) 2013-2021 Research Organization for Information Science (RIST).

All rights reserved.

Copyright (c) 2017-2021 Amazon.com, Inc. or its affiliates.All Rights

reserved.

Copyright (c) 2018DataDirect Networks. All rights reserved.

Copyright (c) 2018-2021 Triad National Security, LLC. All rights reserved.

Copyright (c) 2019-2021 Hewlett Packard Enterprise Development, LP.

Copyright (c) 2020-2021 Google, LLC. All rights reserved.

Copyright (c) 2002University of Chicago

Copyright (c) 2001Argonne National Laboratory

Copyright (c) 2020-2021 Cornelis Networks, Inc. All rights reserved.

Copyright (c) 2021Nanook Consulting

Copyright (c) 2017-2019 Iowa State University Research Foundation, Inc.

All rights reserved.

License Text https://spdx.org/licenses/BSD-3-Clause.html

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

The copyright holders provide no reassurances that the source code provided does not infringe any patent, copyright, or any other intellectual property rights of third parties.The copyright holders

disclaim any liability to any recipient for claims brought against recipient by any third party for infringement of that parties intellectual property rights.

THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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