rocm-systems/shared/amdgpu-windows-interop/LICENSE

AMD Software End User License Agreement

IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE,
DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, 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 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. “Derivative Works” means any work, revision, modification or adaptation made to or
derived from the Software, or any work that incorporates the Software, in whole or in
part.
    2. “Documentation” means install scripts and online or electronic documentation
associated, included, or provided in connection with the Software, or any portion
thereof.
    3. “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.
    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.
    5. “Object Code” means machine readable computer programming code files, which is not
in a human readable form.
    6. “Software” means the enclosed AMD software program or any portion thereof that is
provided to You.
    7. “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
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
    1. install and use the Software solely in Object Code form in conjunction with systems or
components that include or incorporate AMD products, as applicable;
    2. create Derivative Works solely in Object Code form of the Software for use with systems
or components that include or incorporate AMD products, as applicable;
    3. unless otherwise prohibited by a confidentiality agreement, make and distribute copies
of the Derivative Works to Your partners and customers for use in conjunction with
systems or components that include or incorporate AMD products, provided that such
distribution shall be under a license agreement with terms and conditions at least as
restrictive as those set forth in the Agreement; and
    4. use and reference the Documentation, if any, solely in connection with the Software and
Derivative Works.

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 for the limited license expressly
granted in Section 2, You may not:
    1. modify or create derivative works of the Software or Documentation;
    2. distribute, publish, display, sublicense, assign or otherwise transfer the Software or
Documentation;
    3. decompile, reverse engineer, disassemble or otherwise reduce the Software to Source
Code form (except as allowed by applicable law);
    4. alter or remove any copyright, trademark or patent notice(s) in the Software or
Documentation; or
    5. use the Software and Documentation 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 existing patents; or
    6. use, modify and/or distribute any of the Software or Documentation so that any part
becomes subject to a Free Software License.

4. THIRD-PARTY COMPONENTS
    The Software or Documentation may come bundled with third party technologies for which You
must obtain licenses from parties other than AMD (“Third Party Components”). By accessing
and using the Software or Documentation, You are agreeing to fully comply with the terms of
the applicable Third Party Component license. To the extent that a Third Party Component
license conflicts with the terms and conditions of this Agreement, then the Third Party
Component license shall control solely with respect to the applicable Third Party Component.
To the extent that any Third Party Components in the Software or Documentation requires an
offer for corresponding source code, AMD hereby makes such an offer for corresponding
source code form.

5. PRE-PRODUCTION SOFTWARE
    The Software may be a pre-production version, intended to provide advance access to features
that may or may not eventually be included into production version of the Software.
Accordingly, pre-production Software may not be fully functional relative to production
versions of the Software. Use of pre-production Software may result in unexpected results, loss
of data, project delays or other unpredictable damage or loss. Pre-production Software is not
intended for use in production, and Your use of pre-production Software is at Your own risk.

6. FEEDBACK
    You have no obligation to give AMD any suggestions, comments or other feedback
(“Feedback”) relating to the Software or Documentation. However, AMD may use and include
any Feedback that it receives from You to improve the Software, Documentation, 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,royaltyfree,
perpetual license to, directly or indirectly, use, reproduce, license, sublicense, distribute,
make, have made, sell and otherwise commercialize the Feedback in the Software,
Documentation, 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.

7. OWNERSHIP AND COPYRIGHT OF SOFTWARE
    The Software, including all Intellectual Property Rights therein, and the Documentation are and
remain 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.

8. WARRANTY DISCLAIMER
    THE SOFTWARE AND DOCUMENTATION ARE 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, NON-INFRINGEMENT, THAT THE SOFTWARE OR DOCUMENTATION 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 AND
DOCUMENTATION IS ASSUMED BY YOU. Some jurisdictions do not allow the exclusion of
implied warranties, so the above exclusion may not apply to You.

9. 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 ARISING
FROM USE OF THE SOFTWARE, DOCUMENTATION, 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 to You 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 of the Software,
Documentation, or violation of the terms and conditions of this Agreement.

10. 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/.

11. NOTICE TO U.S. GOVERNMENT END USERS
    The Software and 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.

12. TERMINATION OF LICENSE
    This Agreement will terminate immediately without notice from AMD or judicial resolution if (1)
You fail to comply with any provisions of this Agreement, or (2) You provide AMD with notice
that You would like to terminate this Agreement. Upon termination of this Agreement, You
must delete or destroy all copies of the Software. Upon termination or expiration of this
Agreement, all provisions survive except for Section 2.

13. SUPPORT AND UPDATES
    AMD is under no obligation to provide any kind of support under this Agreement. AMD may, in
its sole discretion, provide You with updates to the Software and Documentation, and such
updates will be covered under this Agreement.

14. 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.

15. PRIVACY
    We may be required under applicable data protection law to provide you with certain
information about who we are, how we process your personal data and for what purposes and
your rights in relation to your personal information and how to exercise them. This information
is provided in www.amd.com/en/corporate/privacy. It is important that you read that
information. AMD’s Cookie Policy, sets out information about the cookies AMD uses.

16. 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.

17. 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.