3rdparty/blobs/soc/amd: Create stoneyridge
The organization of 3rdparty/blobs/southbridge/amd assumes supported features by codename. This will shortly cause problems as we deviate from the normal released functionality. Create new folder soc/amd/stoneyridge and move stoneyridge contents from southbridge/amd/kern folder into this new folder. This will permit later Stoneyridge specific changes to be separated from Carrizo. BUG=b:69613465 TEST=None. Change-Id: I1b76a6e6c4127ad13c608f392d619109d877914c Signed-off-by: Richard Spiegel <richard.spiegel@silverbackltd.com>
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//----------------------------------------------------------------------------
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// PSP FW Delivery Release Note
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//
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// Copyright 2015, Advanced Micro Devices, Inc.
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// Image Version number: PSP BootLoader: 0.2.0.35, PSP SecureOS: 0.2.0.35
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// Date: July 15, 2015
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//----------------------------------------------------------------------------
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Content:
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PSP FW Deliverables for Carrizo Bring Up.
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This Build is compiled using the ARM license from the AMD license server.
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Files:
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PspBootLoader_prod_CZ.sbin - PSP offchip BootLoader, signed with production key version
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PspRecoveryBootLoader_prod_CZ.sbin - PSP offchip Recovery BootLoader, signed with production key version
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PspAgesaS3Resume_prod_CZ.csbin - PSP Agesa S3 resume, signed with production key version and compressed
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PspSecureOs_prod_CZ.csbin - PSP secure OS, signed with production key version and compressed
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PspTrustlets_prod_CZ.cbin - PSP secure OS system trustlets, not signed but compressed
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Features and fixes:
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1. ENH466357: Reduce PSP/SMN clock back to 300 MHz as a temporarily workaround for eCZ B10/A10 fused parts.
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2. Code base updated up to CL#30190.
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ADVANCED MICRO DEVICES, INC.
|
||||
|
||||
OBJECT CODE DISTRIBUTION AGREEMENT
|
||||
|
||||
IMPORTANT- READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED
|
||||
SOFTWARE, ("LICENSED SOFTWARE") OR LICENSED TOOL (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"). BY USING THE LICENSED SOFTWARE OR LICENSED
|
||||
TOOL, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
|
||||
|
||||
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY
|
||||
OR USE THE LICENSED SOFTWARE, LICENSED TOOL, OR ANY PORTION THEREOF.
|
||||
|
||||
1. DEFINITIONS
|
||||
|
||||
1.1 "Documentation" means install scripts and online or electronic
|
||||
documentation associated, included, or provided in connection with the
|
||||
Object Code of the Licensed Software, or any portion thereof.
|
||||
|
||||
1.2 "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.
|
||||
|
||||
1.3 "Object Code" means machine readable computer programming code files,
|
||||
which is not in a human readable form.
|
||||
|
||||
1.4 "Licensed Tool" means BINUTIL2.exe, the associated tool to be used to
|
||||
set the base execution address.
|
||||
|
||||
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
|
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|
||||
a) use, distribute and sublicense the Licensed Software to
|
||||
customers and end users (collectively, "Distribution Channel")
|
||||
for use with Your products that incorporate AMD products. Such
|
||||
distribution may be made through multiple tiers of distribution,
|
||||
only subject to an end user license agreement that meets the
|
||||
requirements in section 2.1.
|
||||
b) modify the Licensed Software using the Licensed Tool to set the
|
||||
base execution address in the License Software only;
|
||||
c) use the Licensed Tool only as necessary to exercise the limited
|
||||
rights in Section 2(b) above.
|
||||
|
||||
2.1 End User License Agreement. Distribution of Licensed Software by
|
||||
You and Your Distribution Channel will be pursuant to an enforceable
|
||||
end user license agreement ("End User License Agreement") with terms
|
||||
and conditions that at a minimum are substantially similar to those set
|
||||
forth in Section 3 and the following:
|
||||
|
||||
(a) prohibition on transfer or duplication of the Licensed Software
|
||||
(except for reasonable backup);
|
||||
(b) prohibitions on reverse engineering (unless allowed by law for
|
||||
interoperability), disassembly or de-compilation of the Licensed
|
||||
Software;
|
||||
(d) disclaimer, to the extent permitted by applicable law, of Your
|
||||
and Your licensors' liability for any damages, whether punitive,
|
||||
direct, incidental, indirect, special or consequential damages,
|
||||
arising from the use of, or distribution of the Licensed Software;
|
||||
(f) requirement that the end user comply fully with all relevant
|
||||
export laws and regulations of the United States and other
|
||||
applicable export and import laws; and (g) notification to the
|
||||
end user that the Licensed Software is subject to a restricted
|
||||
license and can only be used in conjunction with the intended
|
||||
AMD products. You will be financially responsible for all claims
|
||||
and damages to AMD caused by a breach of this Section 2.1. AMD
|
||||
is a third party beneficiary of any End User License Agreement.
|
||||
|
||||
3. RESTRICTIONS. Except for the limited license expressly granted in
|
||||
Section 2 herein, You have no other rights in the Licensed Software,
|
||||
whether express, implied, arising by estoppel or otherwise. Further
|
||||
restrictions regarding Your use of the Licensed Software are set forth
|
||||
below. Except as expressly authorized herein, You may not:
|
||||
|
||||
a) modify or create derivative works of the Licensed Software;
|
||||
b) distribute, publish, display, sublicense, assign or otherwise
|
||||
transfer the Licensed Software;
|
||||
c) decompile, reverse engineer, disassemble or otherwise reduce the
|
||||
Licensed Software in Object Code to a human-perceivable form
|
||||
(except as allowed by applicable law);
|
||||
d) alter or remove any copyright, trademark or patent notice(s) in
|
||||
the Licensed Software or
|
||||
e) use the Licensed Software 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 Your existing patents or patent applications.
|
||||
|
||||
4. OWNERSHIP. The Licensed Software including all Intellectual Property
|
||||
Rights therein is and remains 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.
|
||||
|
||||
5. FEEDBACK. You have no obligation to give AMD any suggestions,
|
||||
comments or other feedback ("Feedback") relating to the Licensed Software.
|
||||
However, AMD may use and include any Feedback that it receives from You to
|
||||
improve the Licensed Software 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, royalty-free, perpetual license to, directly or indirectly,
|
||||
use, reproduce, license, sublicense, distribute, make, have made, sell and
|
||||
otherwise commercialize the Feedback in the Licensed Software 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.
|
||||
|
||||
6. 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 Licensed Software, and such updates will be
|
||||
covered under this Agreement.
|
||||
|
||||
7. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION.
|
||||
|
||||
7.1 Disclaimer OF Warranty. THE LICENSED SOFTWARE IS PROVIDED "AS IS"
|
||||
WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS ALL WARRANTIES, EXPRESS,
|
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IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
|
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
|
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NON-INFRINGEMENT, THAT THE LICENSED SOFTWARE WILL RUN UNINTERRUPTED OR
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ERROR-FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE.
|
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THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE LICENSED SOFTWARE IS
|
||||
ASSUMED BY YOU INCLUDING, WITHOUT LIMITATION, PERFORMANCE AND
|
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INTEROPERABILITY ISSUES THAT MAY ADVERSELY AFFECT YOUR EXPERIENCE AND
|
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THE STABILITY OF YOUR COMPUTING SYSTEM; AND (C) OTHER EXPERIENCES
|
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RESULTING IN ADVERSE EFFECTS, INCLUDING, BUT NOT LIMITED, TO DATA
|
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CORRUPTION OR LOSS. Some jurisdictions do not allow the exclusion of
|
||||
implied warranties, so the above exclusion may not apply to You.
|
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|
||||
7.2 Limitation of Liability and Indemnification. AMD AND ITS LICENSORS
|
||||
WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY PUNITIVE,
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DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING
|
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LOSS OF USE, PROFITS, OR DATA ARISING FROM USE OF THE LICENSED SOFTWARE
|
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OR THIS AGREEMENT EVEN IF AMD AND ITS LICENSORS HAVE BEEN ADVISED OF THE
|
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POSSIBILITY OF SUCH DAMAGES. In no event shall AMD's total liability 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,
|
||||
distribution or sublicense of the Licensed Software or violation of the
|
||||
terms and conditions of this Agreement by You or any sublicense. The
|
||||
parties agree that these limitations are an essential element in setting
|
||||
consideration herein.
|
||||
|
||||
8. CONFIDENTIALITY. You shall protect the Licensed Software and any
|
||||
information related thereto (collectively, "Confidential Information")
|
||||
by using the same degree of care, but no less than a reasonable degree
|
||||
of care, to prevent the unauthorized use, dissemination or publication
|
||||
of the Confidential Information as You use to protect its own confidential
|
||||
information of a like nature. You shall not disclose any Confidential
|
||||
Information disclosed hereunder to any third party and shall limit
|
||||
disclosure of Confidential Information to only those of its employees
|
||||
and contractors with a need to know and who are bound by confidentiality
|
||||
obligations with You at least as restrictive as those contained in this
|
||||
Agreement. You shall be responsible for its employees and contractors
|
||||
adherence to the terms of this Agreement. You may disclose Confidential
|
||||
Information in accordance with a judicial or other governmental order,
|
||||
provided that You either (a) give AMD reasonable notice prior to such
|
||||
disclosure to allow AMD a reasonable opportunity to seek a protective
|
||||
order or equivalent or (b) obtain written assurance from the applicable
|
||||
judicial or governmental entity that it will afford the Confidential
|
||||
Information the highest level of protection afforded under applicable
|
||||
law or regulation.
|
||||
|
||||
9. TERMINATION AND SURVIVAL. The term of this Agreement is five (5)
|
||||
years from the date You accept the terms of this Agreement. AMD may
|
||||
terminate the Agreement immediately upon the breach by You or any
|
||||
sub-licensee of any of the terms of the Agreement. You may terminate
|
||||
the Agreement upon thirty (30) days written notice to AMD. The
|
||||
termination of this Agreement shall:
|
||||
|
||||
(i) immediately result in the termination of all rights
|
||||
granted by You to distribute the Licensed Software
|
||||
through multiple tiers of distribution under Section 2;
|
||||
and
|
||||
(ii) have no effect on any sublicenses previously granted by
|
||||
You to end users under Subsections 2, which sublicenses
|
||||
shall survive in accordance with their terms. Upon
|
||||
termination or expiration of this Agreement, all
|
||||
provisions survive except for Section 2. Upon termination
|
||||
or expiration of this Agreement, You will cease using and
|
||||
destroy or return to AMD all copies of the Licensed
|
||||
Software.
|
||||
|
||||
10. 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 730-774),
|
||||
and E.U. Council Regulation (EC) No 428/2009 of 5 May 2009. Further,
|
||||
pursuant to Section 740.6 of the EAR, You hereby certifies 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 it receives 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/.
|
||||
|
||||
11. GOVERNMENT END USERS. The Licensed Software is 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 Software
|
||||
by the Government constitutes acknowledgment of AMD's proprietary rights
|
||||
in it.
|
||||
|
||||
12. GOVERNING LAW. This Agreement is made under and shall be construed
|
||||
according to the laws of the State of Texas, excluding conflicts of law
|
||||
rules. Each party submits to the jurisdiction of the state and federal
|
||||
courts of Travis County and the Western District of Texas 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.
|
||||
|
||||
13. 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.
|
||||
|
||||
14. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement and
|
||||
understanding between the Parties with respect to the Licensed 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.
|
||||
|
||||
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY
|
||||
OR USE THE LICENSED SOFTWARE, LICENSED TOOL, OR ANY PORTION THEREOF.
|
Binary file not shown.
|
@ -0,0 +1,252 @@
|
|||
ADVANCED MICRO DEVICES, INC.
|
||||
|
||||
OBJECT CODE DISTRIBUTION AGREEMENT
|
||||
|
||||
IMPORTANT- READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED
|
||||
SOFTWARE, ("LICENSED SOFTWARE") OR LICENSED TOOL (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"). BY USING THE LICENSED SOFTWARE OR LICENSED
|
||||
TOOL, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
|
||||
|
||||
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY
|
||||
OR USE THE LICENSED SOFTWARE, LICENSED TOOL, OR ANY PORTION THEREOF.
|
||||
|
||||
1. DEFINITIONS
|
||||
|
||||
1.1 "Documentation" means install scripts and online or electronic
|
||||
documentation associated, included, or provided in connection with the
|
||||
Object Code of the Licensed Software, or any portion thereof.
|
||||
|
||||
1.2 "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.
|
||||
|
||||
1.3 "Object Code" means machine readable computer programming code files,
|
||||
which is not in a human readable form.
|
||||
|
||||
1.4 "Licensed Tool" means BINUTIL2.exe, the associated tool to be used to
|
||||
set the base execution address.
|
||||
|
||||
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
|
||||
|
||||
a) use, distribute and sublicense the Licensed Software to
|
||||
customers and end users (collectively, "Distribution Channel")
|
||||
for use with Your products that incorporate AMD products. Such
|
||||
distribution may be made through multiple tiers of distribution,
|
||||
only subject to an end user license agreement that meets the
|
||||
requirements in section 2.1.
|
||||
b) modify the Licensed Software using the Licensed Tool to set the
|
||||
base execution address in the License Software only;
|
||||
c) use the Licensed Tool only as necessary to exercise the limited
|
||||
rights in Section 2(b) above.
|
||||
|
||||
2.1 End User License Agreement. Distribution of Licensed Software by
|
||||
You and Your Distribution Channel will be pursuant to an enforceable
|
||||
end user license agreement ("End User License Agreement") with terms
|
||||
and conditions that at a minimum are substantially similar to those set
|
||||
forth in Section 3 and the following:
|
||||
|
||||
(a) prohibition on transfer or duplication of the Licensed Software
|
||||
(except for reasonable backup);
|
||||
(b) prohibitions on reverse engineering (unless allowed by law for
|
||||
interoperability), disassembly or de-compilation of the Licensed
|
||||
Software;
|
||||
(d) disclaimer, to the extent permitted by applicable law, of Your
|
||||
and Your licensors' liability for any damages, whether punitive,
|
||||
direct, incidental, indirect, special or consequential damages,
|
||||
arising from the use of, or distribution of the Licensed Software;
|
||||
(f) requirement that the end user comply fully with all relevant
|
||||
export laws and regulations of the United States and other
|
||||
applicable export and import laws; and (g) notification to the
|
||||
end user that the Licensed Software is subject to a restricted
|
||||
license and can only be used in conjunction with the intended
|
||||
AMD products. You will be financially responsible for all claims
|
||||
and damages to AMD caused by a breach of this Section 2.1. AMD
|
||||
is a third party beneficiary of any End User License Agreement.
|
||||
|
||||
3. RESTRICTIONS. Except for the limited license expressly granted in
|
||||
Section 2 herein, You have no other rights in the Licensed Software,
|
||||
whether express, implied, arising by estoppel or otherwise. Further
|
||||
restrictions regarding Your use of the Licensed Software are set forth
|
||||
below. Except as expressly authorized herein, You may not:
|
||||
|
||||
a) modify or create derivative works of the Licensed Software;
|
||||
b) distribute, publish, display, sublicense, assign or otherwise
|
||||
transfer the Licensed Software;
|
||||
c) decompile, reverse engineer, disassemble or otherwise reduce the
|
||||
Licensed Software in Object Code to a human-perceivable form
|
||||
(except as allowed by applicable law);
|
||||
d) alter or remove any copyright, trademark or patent notice(s) in
|
||||
the Licensed Software or
|
||||
e) use the Licensed Software 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 Your existing patents or patent applications.
|
||||
|
||||
4. OWNERSHIP. The Licensed Software including all Intellectual Property
|
||||
Rights therein is and remains 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.
|
||||
|
||||
5. FEEDBACK. You have no obligation to give AMD any suggestions,
|
||||
comments or other feedback ("Feedback") relating to the Licensed Software.
|
||||
However, AMD may use and include any Feedback that it receives from You to
|
||||
improve the Licensed Software 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, royalty-free, perpetual license to, directly or indirectly,
|
||||
use, reproduce, license, sublicense, distribute, make, have made, sell and
|
||||
otherwise commercialize the Feedback in the Licensed Software 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.
|
||||
|
||||
6. 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 Licensed Software, and such updates will be
|
||||
covered under this Agreement.
|
||||
|
||||
7. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION.
|
||||
|
||||
7.1 Disclaimer OF Warranty. THE LICENSED SOFTWARE IS 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, AND
|
||||
NON-INFRINGEMENT, THAT THE LICENSED SOFTWARE 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 LICENSED SOFTWARE IS
|
||||
ASSUMED BY YOU INCLUDING, WITHOUT LIMITATION, PERFORMANCE AND
|
||||
INTEROPERABILITY ISSUES THAT MAY ADVERSELY AFFECT YOUR EXPERIENCE AND
|
||||
THE STABILITY OF YOUR COMPUTING SYSTEM; AND (C) OTHER EXPERIENCES
|
||||
RESULTING IN ADVERSE EFFECTS, INCLUDING, BUT NOT LIMITED, TO DATA
|
||||
CORRUPTION OR LOSS. Some jurisdictions do not allow the exclusion of
|
||||
implied warranties, so the above exclusion may not apply to You.
|
||||
|
||||
7.2 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 INCLUDING
|
||||
LOSS OF USE, PROFITS, OR DATA ARISING FROM USE OF THE LICENSED SOFTWARE
|
||||
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 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,
|
||||
distribution or sublicense of the Licensed Software or violation of the
|
||||
terms and conditions of this Agreement by You or any sublicense. The
|
||||
parties agree that these limitations are an essential element in setting
|
||||
consideration herein.
|
||||
|
||||
8. CONFIDENTIALITY. You shall protect the Licensed Software and any
|
||||
information related thereto (collectively, "Confidential Information")
|
||||
by using the same degree of care, but no less than a reasonable degree
|
||||
of care, to prevent the unauthorized use, dissemination or publication
|
||||
of the Confidential Information as You use to protect its own confidential
|
||||
information of a like nature. You shall not disclose any Confidential
|
||||
Information disclosed hereunder to any third party and shall limit
|
||||
disclosure of Confidential Information to only those of its employees
|
||||
and contractors with a need to know and who are bound by confidentiality
|
||||
obligations with You at least as restrictive as those contained in this
|
||||
Agreement. You shall be responsible for its employees and contractors
|
||||
adherence to the terms of this Agreement. You may disclose Confidential
|
||||
Information in accordance with a judicial or other governmental order,
|
||||
provided that You either (a) give AMD reasonable notice prior to such
|
||||
disclosure to allow AMD a reasonable opportunity to seek a protective
|
||||
order or equivalent or (b) obtain written assurance from the applicable
|
||||
judicial or governmental entity that it will afford the Confidential
|
||||
Information the highest level of protection afforded under applicable
|
||||
law or regulation.
|
||||
|
||||
9. TERMINATION AND SURVIVAL. The term of this Agreement is five (5)
|
||||
years from the date You accept the terms of this Agreement. AMD may
|
||||
terminate the Agreement immediately upon the breach by You or any
|
||||
sub-licensee of any of the terms of the Agreement. You may terminate
|
||||
the Agreement upon thirty (30) days written notice to AMD. The
|
||||
termination of this Agreement shall:
|
||||
|
||||
(i) immediately result in the termination of all rights
|
||||
granted by You to distribute the Licensed Software
|
||||
through multiple tiers of distribution under Section 2;
|
||||
and
|
||||
(ii) have no effect on any sublicenses previously granted by
|
||||
You to end users under Subsections 2, which sublicenses
|
||||
shall survive in accordance with their terms. Upon
|
||||
termination or expiration of this Agreement, all
|
||||
provisions survive except for Section 2. Upon termination
|
||||
or expiration of this Agreement, You will cease using and
|
||||
destroy or return to AMD all copies of the Licensed
|
||||
Software.
|
||||
|
||||
10. 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 730-774),
|
||||
and E.U. Council Regulation (EC) No 428/2009 of 5 May 2009. Further,
|
||||
pursuant to Section 740.6 of the EAR, You hereby certifies 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 it receives 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/.
|
||||
|
||||
11. GOVERNMENT END USERS. The Licensed Software is 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 Software
|
||||
by the Government constitutes acknowledgment of AMD's proprietary rights
|
||||
in it.
|
||||
|
||||
12. GOVERNING LAW. This Agreement is made under and shall be construed
|
||||
according to the laws of the State of Texas, excluding conflicts of law
|
||||
rules. Each party submits to the jurisdiction of the state and federal
|
||||
courts of Travis County and the Western District of Texas 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.
|
||||
|
||||
13. 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.
|
||||
|
||||
14. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement and
|
||||
understanding between the Parties with respect to the Licensed 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.
|
||||
|
||||
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY
|
||||
OR USE THE LICENSED SOFTWARE, LICENSED TOOL, OR ANY PORTION THEREOF.
|
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Reference in New Issue