path: root/licenses/AMD-APPSDK

		SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT
			(Linux APP SDK Installer)

IMPORTANT-READ CAREFULLY:  This is a legal agreement 
("Agreement") between you and Advanced Micro Devices, Inc. 
("AMD"). Your use of this AMD Software Development Kit, (the 
"SDK") including software, tools, utilities,
Documentation, and to the extent provided hereunder, Libraries, 
Sample Code, header files, any related AMD materials, and 
updates thereto (collectively, "Licensed Materials"), are 
subject to the following terms and conditions.
Do not use these Licensed Materials until you have carefully 
read the following terms and conditions. By downloading or 
using the Licensed Materials obtained herewith, you are 
expressly agreeing to all of the following
terms:
WARRANTIES, SUPPORT, RIGHTS, AND DAMAGES ARE DISCLAIMED AND/OR 
LIMITED BELOW, PLEASE READ ENTIRELY AND CAREFULLY.  IF YOU DO 
NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR 
USE THE LICENSED MATERIALS OR ANY PORTION THEREOF.  DOWNLOADING 
OR USING THE LICENSED MATERIALS OR ANY PORTION THEREOF 
CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

1. Definitions.

   1.1. "Documentation" means install scripts and online or 
electronic 		documentation included with the Licensed 
Materials, or portions thereof.

   1.2. "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) re-distributable at 
no charge.

   1.3. "Licensee Software" means any software developed or 
modified by you using the Licensed Materials, and which may 
include any Libraries, Sample Code and/or derivative works of 
Sample Code.

   1.4. "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.

   1.5. "Libraries" means any run-times or other functionality 
provided in Object Code including but not limited to codecs and 
video processing libraries.

   1.6. "Object Code" means machine readable computer 
programming code files, which is not in a human readable form.

   1.7. "Sample Code" means the Source Code identified within 
the SDK as sample code.

   1.8. "Source Code" means computer programming code in human 
readable form and related system level documentation, including 
all comments, symbols and any procedural code such as job 
control language.

2 License Grants.

   2.1 Internal Use.  Subject to the terms and conditions of 
this Agreement, AMD hereby grants to you a non-exclusive, non-
transferable, royalty-free copyright license solely for your 
internal use in developing Licensee Software for use with 
products based on or incorporating AMD products (a) to use the 
Licensed Materials, (b) to download, use, copy, and create 
derivative works of Sample Code in Source Code and to create 
compilations of same in Object Code form, and (c) to download, 
use and copy the Libraries.

	2.2 Restrictions.  This Agreement does not grant you any 
rights, by license, implication or otherwise, in or to any 
associated materials or technology, except as is expressly 
provided herein.  Furthermore, you acknowledge that except as 
expressly provided herein, the Licensed Materials provided by 
AMD hereunder are for your internal use only and you may not 
sell, transfer, assign, sublicense or distribute the Licensed 
Materials, in whole or in part, in any manner.  Except as 
expressly specified in Section 2.1, you will have no right to 
make or have made derivatives of the Licensed Materials, to 
reverse engineer, modify, disassemble or to decompile the 
Licensed Materials, or otherwise reduce any part of the 
Licensed Materials to any human readable form.  You will not 
use the Licensed Materials in applications intended to support 
or sustain life, or in which the failure of your product could 
create a situation where personal injury, death, or severe 
property or environmental damage may occur. You will not use or 
distribute with any Licensee Software any code that is licensed 
under a Free Software License.  No portion of the Licensed 
Materials may in any event be distributed on a stand-alone 
basis or other than in the form of Licensee Software.  You must 
not alter or remove any copyright, trademark or patent notice 
in the Licensed Materials.  You must reproduce all AMD 
trademark and/or copyright notices on any derivative work that 
incorporates Sample Code or Libraries.  You may not use AMD's 
trademarks in the Licensee Software name or advertising in a 
way that suggests the Licensee Software comes from or is 
endorsed by AMD.

	2.3 Third Party Materials.  Together with the Licensed 
Materials, AMD may include third party technologies (e.g. third 
party libraries) for which you must obtain licenses from 
parties other than AMD.  You agree that AMD has not obtained or 
conveyed to you, and that you shall be responsible for 
obtaining, Intellectual Property Rights to use and/or 
distribute the applicable, underlying Intellectual Property 
Rights related to the third party technologies.  These third 
party technologies are not licensed as part of the Licensed 
Materials and are not licensed under this Agreement.

	2.4 Other AMD Software Components.  The Licensed 
Materials may be accompanied by AMD software components (e.g. 
libraries, sample code) which are licensed to you under the 
terms and conditions of their respective licenses located in 
the directory with the software component.

	2.5 Feedback.  You have no obligation to give AMD any 
suggestions, comments or other feedback ("Feedback") relating 
to the Licensed Materials.  However, AMD may use and include 
any Feedback that you voluntarily provide to improve the 
Licensed Materials or other AMD products and technologies.  
Accordingly, if you provide Feedback, you grant AMD and its 
affiliates and subsidiaries a worldwide, non-exclusive, 
irrevocable, royalty-free, perpetual license to use, reproduce, 
license, sublicense, distribute, make, have made, sell and 
otherwise commercialize the Feedback in the Licensed Materials 
or other AMD technologies.  You further agree not to provide 
any Feedback that (a) you know is subject to any patent, 
copyright or other intellectual property claim or right of any 
third party; or (b) is subject to a Free Software License.

3 Ownership and Copyright Notices.  The Licensed Materials are 
owned or licensed by AMD and are protected by United States and 
foreign intellectual property laws and international treaty 
provisions.  All title and copyrights in and to the Licensed 
Materials, all copies thereof (in whole or in part, and in any 
form), and all rights therein will remain vested in AMD.  
Except as expressly provided herein, AMD does not grant any 
express or implied right to you under AMD patents, copyrights, 
trademarks, or trade secrets. You agree the Licensed Materials 
are licensed, not sold by AMD.

4 Support.  You will not be entitled to any support of any kind 
from AMD or AMD's licensors.  Furthermore, you will be solely 
responsible for providing support to your end users for the 
Licensee Software distributed by you or your
products.  AMD may, in its sole discretion, provide to you 
updates to the Licensed Materials. 

5 Warranty, Limitations of Liability and Indemnification.

	5.1 THE LICENSED MATERIALS ARE PROVIDED "AS IS," WITH ALL 
FAULTS, AND 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.  AMD 
DOES NOT WARRANT THAT THE LICENSED MATERIALS ARE ERROR FREE OR 
THAT THE LICENSED MATERIALS WILL RUN CONTINUOUSLY.

	5.2 AMD WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO 
YOU FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, 
INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, 
ARISING FROM THIS AGREEMENT, EVEN IF AMD HAS BEEN APPRISED OF 
THE LIKELIHOOD OF SUCH DAMAGES.  In no event will AMD's total 
liability to you for all damages, losses, and causes of action 
(whether in contract, tort (including negligence) or otherwise) 
exceed the amount of $100 USD.

	5.3 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 (a) your improper 
use of the Licensed Materials or (b) use of Licensee Software.

6 Termination.  Either party may terminate this Agreement upon 
thirty (30) days prior written notice to the other party.  This 
Agreement will terminate immediately without notice from AMD or 
judicial resolution if you fail to comply
with any provisions of this Agreement or upon AMD's written 
request for return of the Licensed Materials.  Upon termination 
of this Agreement, you will cease using the Licensed Materials. 
Termination of this Agreement will have no effect on any sub-
licenses properly granted by you to end users under Section 2, 
which sub-licenses will survive in accordance with their terms.

7 Survival.  Notwithstanding the foregoing, Sections 2.2, 2.3, 
2.4, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 will survive 
any expiration or termination of this Agreement, until by their 
own terms they are fulfilled.

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 428/2009 of 5 May 2009.  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, software, or source code you receive from AMD, or 
(2) export to Country Groups D:1, E:1 or E:2 the direct product 
of such technology or software, 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/.

9. U.S. Government Restricted Rights.  The Licensed Materials 
are provided with "RESTRICTED RIGHTS."  Use, duplication or 
disclosure by the Government is subject to restrictions as set 
forth in FAR 52.227-14 and DFAR 252.227-7013, et seq., or its 
successor.  Use of the Licensed Materials by the Government 
constitutes acknowledgement of AMD's proprietary rights in 
them.

10. Governing Law.  This Agreement will be governed under the 
laws of Texas, excluding the conflicts of law rules, and is 
deemed to have been executed and performed in Austin, Texas.

11.	Equitable Remedies.  You acknowledge that your breach of 
this Agreement may cause irreparable damage to AMD 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.

12. General.  You may not assign this Agreement.  Any attempted 
assignment by you 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

13. Entire Agreement.  This Agreement sets forth the entire 
agreement and understanding between the parties and supersedes 
and merges all prior and contemporaneous oral and/or written 
agreements, discussions and
understandings concerning the subject matter hereof.  This 
Agreement may not be modified except by a written instrument 
executed by the parties.  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" 
and you may not use or access the Licensed
Materials.

By clicking accept, you confirm that you are neither a resident 
nor a national of Cuba, Iran, North Korea, the Sudan or Syria.