path: root/licenses/gDEBugger

END USER LICENSE AGREEMENT
AMD gDEBugger SOFTWARE
(No Redistribution)
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., related companies and 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 including the collection,
transmission and storage of Your personal information, 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 (1) install, copy and use the object code version
of the gDEBugger software and materials associated with this Agreement,
including without limitation, the user guide and other documentation,
(collectively, "Materials") for internal testing, debugging and application
profiling, and (2) modify the gDEBugger software for Your internal use and
reverse engineer only for debugging such modifications.  
        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 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.  AMD may also offer You a replacement or modified
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replacement, modification or upgrade.  Any such replacement or modified
Materials code or upgrade to the Materials offered to You by AMD shall be
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(unless this Agreement is superseded by a further Agreement accompanying such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
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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,
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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, except as stated in
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the express prior written consent of AMD.  All rights in and to the Materials
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and patents, are reserved to AMD and its licensor(s).  The Materials are
licensed and not sold.
        e.      AMD is under no obligation to support or provide maintenance
for the Materials or to provide any updates, modifications, enhancements or
upgrades 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
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AMD to incorporate and commercialize any new feature, use, functionality, or
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any feedback, suggestions or opinions; and (ii) AMD can use the feedback in
their products or services in any form to any third party without restriction
at no charge or encumbrance to AMD and its parent company and related
companies.

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, know how or trade secret
information.

4.      CONFIDENTIAL INFORMATION:  You shall refrain from disclosing any
Confidential Information to third parties and will take reasonable security
precautions, at least as great as the precautions it takes to protect Your own
confidential information, but no less than reasonable care, to keep
confidential the Confidential Information.  For the purposes hereof,
"Confidential Information" means all information disclosed between the parties
in connection with this Agreement, including the Materials and any other
business or technical information provided to You by AMD.  You will only
disclose the Confidential Information to Your employees or on-site
subcontractors (i) who have a need to know in furtherance of this Agreement;
and (ii) who have signed a confidentiality agreement with You at least as
restrictive as this Agreement.  If at any future time AMD, directly or
indirectly, discloses any other related technology or information to You,
including without limitation any updates, modifications, enhancements or
        upgrades of the Materials, such disclosure will also be deemed to be
confidential, part of the Materials and will be subject to the provisions of
this Agreement. You may disclose Confidential Information in accordance with a
judicial or other governmental order, provided that You give AMD reasonable
notice prior to such disclosure to allow AMD a reasonable opportunity to seek a
protective order or equivalent.  

5.      NOTICES: To the extent that the Materials include any software licensed
under the FreeImage License, notice is hereby given that any terms that differ
in this Agreement from the terms in FreeImage license are offered by AMD alone
and not any developer or contributor to the FreeImage code or project. The
gDEBugger software uses the Qt library. Use of the Qt library is governed by
the GNU Lesser General Public License version 2.1 (LGPL v 2.1).

6.      LINKS:  AMD may create links to other web sites within the Materials.
 AMD will make a reasonable effort to link only to sites that have practices to
maintain individual's right to privacy.  AMD cannot control these links and is
not responsible for any content appearing on these sites.

7.      COMMUNICATIONS AND YOUR PERSONAL INFORMATION: During use, the Materials
may send information about You, the Materials and the system to AMD.  This
information may include the version and other support metadata about the
Materials, computer hardware, software, the Internet protocol address of the
computer and your name, company name (if applicable), e-mail, phone number and
other personal information submitted by You.  AMD may use this information to
identify or contact You.  By using the Materials, You consent to the
collection, transmission and storage of Your information and AMD's use of Your
information.  If You do not consent to the transmission of this information do
not install or use the Materials.  You can view AMD's privacy statement at:
http://www.amd.com/us/aboutamd/Pages/privacy.aspx

8.      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 PARTIES (DEFINED BELOW) 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 PARTIES) 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.  

9.      INDEMNIFICATION: You will indemnify, defend, and hold AMD Parties
(defined below) 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 any breach of Your
obligations under this Agreement.

10.     LIMITATION OF LIABILITY:  IN NO EVENT SHALL AMD OR ANY OF THEIR
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY OF THEIR SUPPLIERS OR
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
ONE HUNDRED DOLLARS ($100.00).  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
PARTIES HAVE 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.

11.     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/.

12.     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.

13.     TERMINATION OF LICENSE: This Agreement is effective until terminated.
 You can terminate this Agreement at any time by destroying the Materials, and
all copies You have made.  AMD may terminate this Agreement upon thirty (30)
days' prior notice with or without cause.  This Agreement will terminate
immediately without notice from AMD if You fail to comply with any provision of
this Agreement.  Upon termination You must destroy the Materials and all copies
You have made.  

14.     SURVIVAL:  Sections 1(c)-(e) (and Section 1(a)(2) only as it applies to
section 1(d(ii)), 2-18, inclusive, shall survive any expiration or termination
of this Agreement.

15.     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.

16.     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.

17.     NO WAIVER:  The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the event of any breach
hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent actions in the event of future breaches.

18.     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.

Rev. June 2011  - 2 -   END USER LICENSE AGREEMENT