End User License Agreement AMD Fusion Utility Software
END USER LICENSE AGREEMENT
AMD FUSION UTILTY SOFTWARE
(No Redistribution) - Download du 07/03/2013
IMPORTANT-READ CAREFULLY: This is a legal agreement (“Agreement”) between you (either an individual or an entity on whose behalf you sign this Agreement) (“You”) and Advanced Micro Devices, Inc. or its affiliates (“AMD”). Do not install, copy or use the enclosed Materials (defined below), until You have carefully read and agreed to the following terms and conditions. If You do not agree to the terms of this Agreement, do not install, copy or use the Materials or any portion thereof. By loading or using the Materials provided herewith You agree to all of the terms of this Agreement.
1. USE:
a. Subject to the terms and conditions of this Agreement, AMD grants You the following non-exclusive, non-transferable, royalty-free, limited, copyright license to download, copy and use the object code version of the software and materials associated with this Agreement, including without limitation, user guide and other printed documentation (collectively, “Materials”) for internal use only on an AMD processor.
b. You may make a limited number of copies of the object code version of the Materials only as required for back-up purposes. In making copies of the Materials for back-up purposes, You agree to include all copyright legends and other legal notices that may appear in the Materials, as well as this Materials License Agreement in its entirety. Except for the limited license granted herein, You shall have no other rights in the Materials, whether express, implied, arising by estoppel or otherwise.
c. AMD reserves the right to replace, modify or upgrade the Materials at any time by offering You a replacement or modified version of the Materials or such upgrade and to charge for such replacement, modification or upgrade. Any such replacement or modified Materials code or upgrade to the Materials offered to You by AMD shall be considered part of the Materials and subject to the terms of this Agreement (unless this Agreement is superseded by a further Agreement accompanying such replacement or modified version of or upgrade to the Materials). In the event that AMD offers a replacement or modified version of or any upgrade to the Materials, (i) Your continued use of the Materials is conditioned on Your acceptance of such replacement or modified version of or upgrade to the Materials and any accompanying superseding Agreement and (ii) in the case of the replacement or modified Materials, Your use of all prior versions of the Materials is terminated.
d. You do not have the right to (i) distribute, rent, lease, sell, sublicense, assign, or otherwise transfer the Materials, in whole or in part, to third parties for commercial or for non-commercial use; (ii) modify, disassemble, reverse engineer, or decompile the Materials, or otherwise reduce any part of the Materials to any human readable form; (iii) make the Materials available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use; or (iv) transfer the Materials to any third party for outsourcing or any other purpose without the express prior written consent of AMD. All rights in and to the Materials not expressly granted to You in this Agreement, including rights to trademarks and patents, are reserved to AMD and its licensor(s).
e. AMD is under no obligation to support or provide maintenance for the Materials or to provide any updates or enhancements to You.
2. FEEDBACK: You may provide AMD feedback, suggestions or opinions as to the Materials, its features, and desired enhancements or changes. If You provide feedback, suggestions or opinions to AMD regarding any new features, use, functionality, or change to the Materials or any items related to the Materials, You hereby agree to grant, and do grant, AMD all rights needed for AMD to incorporate and commercialize any new feature, use, functionality, or change at no charge or encumbrance to AMD. You agree that AMD may disclose such feedback, suggestions or opinions to any third party in any manner, and You agree that AMD has the ability to license any of the foregoing rights in any feedback, suggestions or opinions or AMD products or services in any form to any third party without restriction at no charge or encumbrance to AMD.
3. OWNERSHIP AND COPYRIGHT OF MATERIALS: You agree that the Materials are owned by AMD and/or AMD’s licensor(s), and are protected by United States and foreign intellectual property laws (e.g. patent and copyright laws) and international treaty provisions. You will not remove the copyright notice(s) from the Materials. You agree to prevent any unauthorized copying of the Materials. All title and copyrights in and to the Materials, all copies thereof (in whole or in part, and in any form), and all rights therein shall remain vested in AMD and/or licensor(s). Except as expressly provided herein, AMD does not grant any express or implied right to You under AMD and/or its licensor(s) patents, copyrights, trademarks, or trade secret information.
4. COMMUNICATIONS: During normal use, the Materials may send information about the Materials and the system to AMD. This information includes the version and other support metadata about the Materials and the Internet protocol address of the computer. AMD does not use the information to identify or contact You. By using the Materials, You consent to the transmission of this information. If You do not consent to the transmission of this information You must not install the Materials.
5. WARRANTY DISCLAIMER: You expressly acknowledge and agree that use of the Materials are at Your sole risk. The Materials are provided “AS IS” and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MATERIALS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MATERIALS IS ASSUMED BY YOU. FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENT-NESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE MATERIALS PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE MATERIALS ARE NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING, NUCLEAR OR WEAPONS RELATED APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. INDEMNFICATION: You will indemnify, defend, and hold AMD, its subsidiaries, successors, officers, suppliers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages, including reasonable attorneys' fees, arising out of or in connection with Your use of the Materials and/or any breach of Your obligations under this Agreement.
7. LIMITATION OF LIABILITY: IN NO EVENT SHALL AMD OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, ITS SUPPLIERS OR ITS LICENSORS (“AMD PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTIES IN RECEIPT OF THE MATERIALS UNDER ANY THEORY OF LIABILITY, WHETHER EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR DAMAGES WHICH, IN THE AGGREGATE EXCEED TEN DOLLARS ($10.00). IN NO EVENT SHALL AMD PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE MATERIALS WITHOUT CHARGE, YOU ACCEPT THIS ALLOCATION OF RISK. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
8. EXPORT RESTRICTIONS: You shall adhere to all applicable U.S., European, and other export laws, including but not limited to the U.S. Export Administration Regulations (“EAR”), (15 C.F.R. Sections 730 through 774), and E.U. Council Regulation (EC) No 1334/2000 of 22 June 2000. Further, pursuant to Section 740.6 of the EAR, You hereby certify that, except pursuant to a license granted by the United States Department of Commerce Bureau of Industry and Security or as otherwise permitted pursuant to a License Exception under the EAR, You will not (1) export, re-export or release to a national of a country in Country Groups D:1, E:1 or E:2 any restricted technology, Materials, or source code it receives from AMD, or (2) export to Country Groups D:1, E:1 or E:2 the direct product of such technology or Materials, if such foreign produced direct product is subject to national security controls as identified on the Commerce Control List (currently found in Supplement 1 to Part 774 of EAR). 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/ <http://mynda/NDAOnline/js/fckeditor/editor/>.
9. U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in FAR 52.227-14 and DFAR252.227-7013, et seq., or its successor. Use of the Materials by the Government constitutes acknowledgement of AMD's proprietary rights in them.
10. TERMINATION OF LICENSE: This Agreement will terminate immediately without notice from AMD or judicial resolution if You fail to comply with any provisions of this Agreement. Upon termination of this Agreement, You must delete or destroy all copies of the Materials.
11. SURVIVAL: Sections 1(b)-(e), 2-15, inclusive, shall survive any expiration or termination of this Agreement.
12. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws. Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purposes of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection which it may have to contest such forum.
13. Severability: Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
14. No Waiver: The failure of AMD to enforce any rights granted hereunder or to take action against You in the event of any breach hereunder shall not be deemed a waiver by AMD as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements with respect to the subject matter of this Agreement.
