path: root/licenses/AMD-OCL

Do not load this 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 or "Licensee") and Advanced Micro Devices, Inc. ("AMD"). If Licensee
does not agree to the terms of this Agreement, do not install or use this
Software or any portion thereof.  By loading or using this software that may
include associated media, printed Software, and online or electronic
documentation or any portion thereof that is made available to install
("Software"), Licensee agrees to all of the terms of this Agreement.

1. License.  The software accompanying this License (hereinafter "Software"),
regardless of the form in which it is distributed, is licensed to you by
Advanced Micro Devices, Inc.  You own the medium on which the Software is
recorded, but Advanced Micro Devices, Inc. and, if applicable, its Licensors
(referred to collectively as "AMD") retain title to the Software and
related documentation.  You may:
a) make a copy of the Software in machine-readable form for backup purposes.
You must reproduce on such copy AMD's copyright notice and any other
proprietary legends that were on the original copy of the Software;
b) transfer all your license rights in the Software to a third party
provided you must also transfer a copy of this License, the backup copy of
the Software and the related documentation and provided the other party reads
and agrees to accept the terms and conditions of this License.  Upon such
transfer your license is then terminated; and
c) make and distribute copies of the Software within your organization,
provided that you agree to include all copyright legends and other legal
notices that may appear in the Software, as well as this Software License
Agreement in its entirety, in each copy of the Software that is made or
distributed.

2.  Restrictions.  The Software contains copyrighted and patented material,
trade secrets and other proprietary material.  In order to protect them, and
except as permitted by applicable legislation, you may not:
a) decompile, reverse engineer, disassemble or otherwise reduce the Software
to a human-perceivable form;
b) modify, network, rent, lend, loan, distribute or create derivative works
based upon the Software in whole or in part; or
c) electronically transmit the Software from one computer to another or over
a network or otherwise transfer the Software except as permitted by this
License.

3 OWNERSHIP AND COPYRIGHT OF SOFTWARE: The Software is owned by AMD and is
protected by United States and foreign intellectual property laws (e.g. patent
and copyright laws) and international treaty provisions.  Licensee will not
remove the copyright notice from the Software.  Licensee agrees to prevent
any unauthorized copying of the Software.  All title and copyrights in and
to the Software, all copies thereof (in whole or in part, and in any form),
and all rights therein shall remain vested in AMD.  Except as expressly
provided herein, AMD does not grant any express or implied right to Licensee
under AMD patents, copyrights, trademarks, or trade secret information.  All
rights in and to the Software not expressly granted to Licensee in this
Agreement are reserved to AMD.

4.  SUPPORT:  Under this Agreement, AMD is under no obligation to assist in
the use of this Software, to provide support to licensees of the Software, or
to provide maintenance, correction, modification, enhancement, or upgrades to
the Software.  AMD may provide such support, maintenance, correction,
modification, enhancement or upgrades in a media determined by AMD and AMD
shall have no obligation to notify Licensee thereof.  Additionally, such
support, maintenance, correction, modification, enhancement, or upgrades shall
be considered part of the Software, and shall be subject to this Agreement.

5.  Termination.  This License is effective until terminated.  You may
terminate this License at any time by destroying the Software, related
documentation and all copies thereof.  This License will terminate
immediately without notice from AMD if you fail to comply with any provision
of this License.  Upon termination you must destroy the Software, related
documentation and all copies thereof.

6.  Government End Users. If you are acquiring the Software on behalf of any
unit or agency of the United States Government, the following provisions
apply.  The Government agrees the Software and documentation were developed
at private expense and are provided with "RESTRICTED RIGHTS".  Use,
duplication, or disclosure by the Government is subject to restrictions as
set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June
1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time to time. 
In the event that this License, or any part thereof, is deemed inconsistent
with the minimum rights identified in the Restricted Rights provisions, the
minimum rights shall prevail.

7.  EXPORT ASSURANCES:  Licensee agrees and certifies that neither the
Software, nor any direct product thereof will be exported, directly or
indirectly, into any country prohibited by the United States Export
Administration Act and the regulations thereunder without the required
authorization from the United States government nor will it be used for any
purpose prohibited by the same.

8.  No Other License.  No rights or licenses are granted by AMD under this
License, expressly or by implication, with respect to any proprietary
information or patent, copyright, trade secret or other intellectual property
right owned or controlled by AMD, except as expressly provided in this
License.

9.  Additional Licenses.  DISTRIBUTION OR USE OF THE SOFTWARE WITH AN
OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM
VENDOR. 

10.  Disclaimer of Warranty on Software.  You expressly acknowledge and agree
that use of the Software is at your sole risk.  The Software and related
documentation are provided "AS IS" and without warranty of any kind and AMD
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.  AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU.  FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE
OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS, 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
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.  THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING
OR LIFE SUSTAINING APPLICATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

11.  Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE,
SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU
FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE
THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE
ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK,
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.  AMD will not be liable for 1) loss of, or
damage to, your records or data or 2) any damages claimed by you based on any
third party claim.   In no event shall 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 paid by you for the Software.

12.  Controlling Law and Severability.  This License shall be governed by and
construed under the laws of the state of California without reference to its
conflict of law principles.  In the event of any conflicts between foreign
law, rules, and regulations, and United States law, rules, and regulations,
United States rules and regulations shall prevail and govern.  The United
Nations Convention on Contracts for the International Sale of Goods shall not
apply to this License.  If for any reason a court of competent jurisdiction
finds any provision of this License or portion thereof, to be unenforceable,
that provision of the License shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of
this License shall continue in full force and effect.

13.  Complete Agreement.  This License constitutes the entire agreement
between the parties with respect to the use of the Software and the related
documentation, and supersedes all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter.  No amendment to
or modification of this License will be binding unless in writing and signed
by a duly authorized representative of AMD.

This software may be used for any purpose but may not be re-sold in original
or modified form.