Gentoo Archives: gentoo-commits

From: Marek Szuba <marecki@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/
Date: Tue, 27 Jun 2017 10:58:08
Message-Id: 1498561067.a0334c4e391f7adabcdc114c5e06978fa1ee31ef.marecki@gentoo
1 commit: a0334c4e391f7adabcdc114c5e06978fa1ee31ef
2 Author: Marek Szuba <marecki <AT> gentoo <DOT> org>
3 AuthorDate: Tue Jun 27 10:29:14 2017 +0000
4 Commit: Marek Szuba <marecki <AT> gentoo <DOT> org>
5 CommitDate: Tue Jun 27 10:57:47 2017 +0000
6 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=a0334c4e
7
8 licenses: Add AMD-GPU-PRO-EULA
9
10 licenses/AMD-GPU-PRO-EULA | 177 ++++++++++++++++++++++++++++++++++++++++++++++
11 1 file changed, 177 insertions(+)
12
13 diff --git a/licenses/AMD-GPU-PRO-EULA b/licenses/AMD-GPU-PRO-EULA
14 new file mode 100644
15 index 00000000000..cdf6e5cb438
16 --- /dev/null
17 +++ b/licenses/AMD-GPU-PRO-EULA
18 @@ -0,0 +1,177 @@
19 +END USER LICENSE AGREEMENT
20 +(AMD GPU-PRO)
21 +
22 +IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE,
23 +DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY
24 +"SOFTWARE") UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND
25 +CONDITIONS. THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER AN
26 +INDIVIDUAL OR AN ENTITY) (COLLECTIVELY "YOU" AND "YOUR") AND ADVANCED MICRO
27 +DEVICES, INC. ("AMD").
28 +
29 +IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE
30 +THIS SOFTWARE. BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL
31 +THE TERMS AND CONDITIONS OF THIS AGREEMENT.
32 +
33 +1. DEFINITIONS
34 +
35 + 1. “Documentation” means install scripts and online or electronic
36 + documentation associated, included, or provided in connection with the
37 + Software, or any portion thereof.
38 +
39 + 2. “Intellectual Property Rights” means all copyrights, trademarks, trade
40 + secrets, patents, mask works, and all related, similar, or other
41 + intellectual property rights recognized in any jurisdiction worldwide,
42 + including all applications and registrations with respect thereto.
43 +
44 + 3. “Free Software License” means an open source or other license that
45 + requires, as a condition of use, modification or distribution, that any
46 + resulting software must be (a) disclosed or distributed in source code
47 + form; (b) licensed for the purpose of making derivative works; or (c)
48 + redistributable at no charge.
49 +
50 +2. LICENSE
51 +
52 +Subject to the terms and conditions of this Agreement, AMD hereby grants You a
53 +non-exclusive, royalty-free, revocable, non-transferable, limited, copyright
54 +license to use the Software solely in conjunction with systems or components
55 +that include or incorporate AMD processors, as applicable.
56 +
57 +3. RESTRICTIONS
58 +
59 +Except for the limited license expressly granted in Section 2 herein, You have
60 +no other rights in the Software, whether express, implied, arising by estoppel
61 +or otherwise. Further restrictions regarding Your use of the Software are set
62 +forth below. You may not:
63 +
64 + 1. modify or create derivative works of the Software;
65 + 2. distribute, assign or otherwise transfer the Software;
66 + 3. decompile, reverse engineer, disassemble or otherwise reduce the Software
67 + to a human-perceivable form (except as allowed by applicable law);
68 + 4. alter or remove any copyright, trademark or patent notice(s) in the
69 + Software; or
70 + 5. use the Software to: (i) develop inventions directly derived from
71 + confidential information to seek patent protection; (ii) assist in the
72 + analysis of Your patents and patent applications; or (iii) modify existing
73 + patents.;
74 + 6. use, modify and/or distribute any of the Software so that any part becomes
75 + subject to a Free Software License.
76 +
77 +4. FEEDBACK
78 +
79 +You have no obligation to give AMD any suggestions, comments or other feedback
80 +(“Feedback”) relating to the Software. However, AMD may use and include any
81 +Feedback that it receives from You to improve the Software or other AMD
82 +products, software and technologies. Accordingly, for any Feedback You provide
83 +to AMD, You grant AMD and its affiliates and subsidiaries a worldwide,
84 +non-exclusive, irrevocable, royalty-free, perpetual license to, directly or
85 +indirectly, use, reproduce, license, sublicense, distribute, make, have made,
86 +sell and otherwise commercialize the Feedback in the Software or other AMD
87 +products, software and technologies. You further agree not to provide any
88 +Feedback that (a) You know is subject to any Intellectual Property Rights of
89 +any third party or (b) is subject to license terms which seek to require any
90 +products incorporating or derived from such Feedback, or other AMD intellectual
91 +property, to be licensed to or otherwise shared with any third party.
92 +
93 +5. OWNERSHIP AND COPYRIGHT OF SOFTWARE
94 +
95 +The Software, including all Intellectual Property Rights therein, is and
96 +remains the sole and exclusive property of AMD or its licensors, and You shall
97 +have no right, title or interest therein except as expressly set forth in this
98 +Agreement. You agree to prevent any unauthorized copying of the Software. All
99 +title in and to the Software, all copies thereof (in whole or in part, and in
100 +any form), and all rights and Intellectual Property Rights therein shall remain
101 +vested in AMD. Except as expressly provided in Section 2 herein, AMD does not
102 +grant any express or implied right to You under AMD patents, copyrights,
103 +trademarks, or trade secret information.
104 +
105 +6. WARRANTY DISCLAIMER
106 +
107 +THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS
108 +ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO
109 +THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
110 +TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE
111 +OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK
112 +ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU. Some jurisdictions
113 +do not allow the exclusion of implied warranties, so the above exclusion may
114 +not apply to You.
115 +
116 +7. LIMITATION OF LIABILITY AND INDEMNIFICATION
117 +
118 +AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR
119 +ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
120 +ARISING FROM USE OF THE SOFTWARE OR THIS AGREEMENT EVEN IF AMD AND ITS
121 +LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
122 +shall AMD's total liability to You for all damages, losses, and causes of
123 +action (whether in contract, tort (including negligence) or otherwise) exceed
124 +the amount of $100 USD. You agree to defend, indemnify and hold harmless AMD
125 +and its licensors, and any of their directors, officers, employees, affiliates
126 +or agents from and against any and all loss, damage, liability and other
127 +expenses (including reasonable attorneys' fees), resulting from Your use of the
128 +Software or violation of the terms and conditions of this Agreement.
129 +
130 +8. EXPORT RESTRICTIONS
131 +
132 +You shall adhere to all applicable U.S., European, and other export laws,
133 +including but not limited to the U.S. Export Administration Regulations
134 +("EAR"), (15 C.F.R. Sections 730 through 774), and E.U. Council Regulation (EC)
135 +No 428/2009 of 5 May 2009. Further, pursuant to Section 740.6 of the EAR, You
136 +hereby certify that, except pursuant to a license granted by the United States
137 +Department of Commerce Bureau of Industry and Security or as otherwise
138 +permitted pursuant to a License Exception under the EAR, You will not (1)
139 +export, re-export or release to a national of a country in Country Groups D:1,
140 +E:1 or E:2 any restricted technology, software, or source code You receive from
141 +AMD, or (2) export to Country Groups D:1, E:1 or E:2 the direct product of such
142 +technology or software, if such foreign produced direct product is subject to
143 +national security controls as identified on the Commerce Control List
144 +(currently found in Supplement 1 to Part 774 of EAR). For the most current
145 +Country Group listings, or for additional information about the EAR or Your
146 +obligations under those regulations, please refer to the U.S. Bureau of
147 +Industry and Security's website at http://www.bis.doc.gov/.
148 +
149 +9. U.S. GOVERNMENT RESTRICTED RIGHTS
150 +
151 +The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or
152 +disclosure by the Government is subject to the restrictions as set forth in FAR
153 +52.227-14 and DFAR252.227-7013, et seq., or its successor. Use of the Software
154 +by the Government constitutes acknowledgement of AMD's proprietary rights in
155 +them.
156 +
157 +10. TERMINATION OF LICENSE
158 +
159 +This Agreement will terminate immediately without notice from AMD or judicial
160 +resolution if (1) You fail to comply with any provisions of this Agreement, or
161 +(2) You provide AMD with notice that You would like to terminate this
162 +Agreement. Upon termination of this Agreement, You must delete or destroy all
163 +copies of the Software. Upon termination or expiration of this Agreement, all
164 +provisions survive except for Section 2.
165 +
166 +11. GOVERNING LAW
167 +
168 +This Agreement is made under and shall be construed according to the laws of
169 +the State of California, excluding conflicts of law rules. Each party submits
170 +to the jurisdiction of the state and federal courts of Santa Clara County and
171 +the Northern District of California for the purposes of this Agreement. You
172 +acknowledge that Your breach of this Agreement may cause irreparable damage and
173 +agree that AMD shall be entitled to seek injunctive relief under this
174 +Agreement, as well as such further relief as may be granted by a court of
175 +competent jurisdiction.
176 +
177 +12. GENERAL PROVISIONS
178 +
179 +You may not assign this Agreement without the prior written consent of AMD and
180 +any assignment without such consent will be null and void. The parties do not
181 +intend that any agency or partnership relationship be created between them by
182 +this Agreement. Each provision of this Agreement shall be interpreted in such a
183 +manner as to be effective and valid under applicable law. However, in the event
184 +that any provision of this Agreement becomes or is declared unenforceable by
185 +any court of competent jurisdiction, such provision shall be deemed deleted and
186 +the remainder of this Agreement shall remain in full force and effect.
187 +
188 +13. ENTIRE AGREEMENT
189 +
190 +This Agreement sets forth the entire agreement and understanding between the
191 +parties with respect to the Software and supersedes and merges all prior oral
192 +and written agreements, discussions and understandings between them regarding
193 +the subject matter of this Agreement. No waiver or modification of any
194 +provision of this Agreement shall be binding unless made in writing and signed
195 +by an authorized representative of each party.