                                END USER LICENSE AGREEMENT


Software: AOCC CPU Optimizations, AQL Profiler in Object Code form

IMPORTANT-READ CAREFULLY:  THE ROCM INSTALLATION PACKAGE INCLUDES CERTAIN SOFTWARE THAT IS PROVIDED IN OBJECT CODE FORM ONLY THAT IS SUBJECT TO THIS LICENSE AGREEMENT. EXCEPT FOR THE SOFTWARE IDENTIFIED ABOVE, THE ROCM INSTALLATION PACKAGE IS PROVIDED SUBJECT TO THE APPLICABLE LICENSE SET FORTH ON WWW.GITHUB.COM/ROCM.

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.

a)	“Documentation” means install scripts and online or electronic documentation associated, included, or provided in connection with the Software, or any portion thereof.
b)	“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.
c)	 “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.
d)	 “Object Code” means machine readable computer programming code files, which is not in a human readable form.
e)	“Software” means the enclosed AMD software program or any portion thereof that is provided to You.
f)	“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 install and use the Software solely in Object Code form in conjunction with systems or components that include or incorporate AMD processors, as applicable.

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. You may not:

a)	modify or create derivative works of the Software or Documentation;
b)	distribute, publish, display, sublicense, assign or otherwise transfer the Software or Documentation;
c)	decompile, reverse engineer, disassemble or otherwise reduce the Software to Source Code form (except as allowed by applicable law);
d)	alter or remove any copyright, trademark or patent notice(s) in the Software or Documentation; or
e)	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
f)	use, modify and/or distribute any of the Software or Documentation so that any part becomes subject to a Free Software License.

4.	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, royalty-free, 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.

5.	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.

6.	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.

7.	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.

8.	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/.

9.	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.

10.	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.

11.	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.

12.	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.

13.	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.

14. 	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.

15. 	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.


