189 lines
10 KiB
Text
189 lines
10 KiB
Text
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AMD Software End User License Agreement
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PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
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DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU ARE AGREEING TO
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BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE
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ELECTRONICALLY, SIGNIFY YOUR AGREEMENT BY CLICKING THE "AGREE/ACCEPT"
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BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN
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THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND (IF APPLICABLE) YOUR
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MONEY WILL BE REFUNDED OR IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY CLICK
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"DISAGREE/DECLINE".
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1. License. Advanced Micro Devices, Inc., on behalf of itself, its
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subsidiaries and licensors (referred collectively as "AMD") grants to you
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the following non-exclusive, right to use the software accompanying
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this License (hereinafter "Software") subject to the following terms and
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limitations:
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(a) Regardless of the media upon which it is distributed, the Software is
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licensed to you for use solely in conjunction with AMD hardware products to
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which the Software relates ("AMD Hardware").
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(b) You own the medium on which the Software is recorded, but AMD and, if
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applicable, its licensors retain title to the Software and related
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documentation.
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(c) You may:
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i) use the Software solely in connection with the AMD Hardware on a
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single computer;
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ii) make one copy of the Software in machine-readable form for backup
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purposes only. You must reproduce on such copy AMD's copyright notice and
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any other proprietary legends that were on the original copy of the
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Software;
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iii) transfer all your license rights in the Software provided you must
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also transfer a copy of this License, the backup copy of the Software,
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the AMD Hardware and the related documentation and provided the other
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party reads and agrees to accept the terms and conditions of this
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License. Upon such transfer your license rights are then terminated.
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(d) In addition to the license terms above, with respect to portions of
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the Software in source code or binary form designed exclusively for use
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with the Linux operating system ("AMD Linux Code"), you may use, display,
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modify, copy, distribute, allow others to re-distribute, package and re-
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package such AMD Linux Code for commercial and non-commercial purposes,
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provided that:
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i) all binary components of the AMD Linux Code are not modified in any
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way;
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ii) the AMD Linux Code is only used as part of the Software and in
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connection with AMD Hardware;
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iii) all copyright notices of AMD are reproduced and you refer to these
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license terms;
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iv) you may not offer or impose any terms on the use of AMD Linux
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Code that alter or restrict this License; and
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v) if you have modified the AMD Linux Code, such modifications will be
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made publicly available and are licensed under the same terms provided
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herein to AMD or any other third party without further restriction,
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royalty or any other license requirement;
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vi) to the extent there is any AMD sample or control panel source
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code included in the AMD Linux Code, no rights are granted to modify such
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code except for portions thereof that may be subject to third party
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license terms that grant such rights;
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vii) no rights are granted to distribute the binary form of the AMD Linux
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Kernel Module made by linking the AMD Proprietary Kernel Library and the
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AMD Kernel Compatibility Layer binary compiled using Linux kernel
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headers;
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viii) AMD is not obligated to provide any maintenance or technical
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support for any code resulting from AMD Linux Code.
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2. Restrictions. The Software contains copyrighted and patented material,
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trade secrets and other proprietary material. In order to protect them,
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and except as permitted by this license or applicable legislation, you may
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not:
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a) decompile, reverse engineer, disassemble or otherwise reduce the
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Software to a human-perceivable form;
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b) modify, network, rent, lend, loan, distribute or create derivative
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works based upon the Software in whole or in part; or
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c) electronically transmit the Software from one computer to another or
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over a network or otherwise transfer the Software except as permitted by
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this License.
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3. Termination. This License is effective until terminated. You may
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terminate this License at any time by destroying the Software, related
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documentation and all copies thereof. This License will terminate
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immediately without notice from AMD if you fail to comply with any
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provision of this License. Upon termination you must destroy the Software,
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related documentation and all copies thereof.
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4. Government End Users. If you are acquiring the Software on behalf of
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any unit or agency of the United States Government, the following
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provisions apply. The Government agrees the Software and documentation
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were developed at private expense and are provided with "RESTRICTED
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RIGHTS". Use, duplication, or disclosure by the Government is subject to
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restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995),
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DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-
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19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time
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to time. In the event that this License, or any part thereof, is deemed
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inconsistent with the minimum rights identified in the Restricted Rights
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provisions, the minimum rights shall prevail.
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5. No Other License. No rights or licenses are granted by AMD under this
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License, expressly or by implication, with respect to any proprietary
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information or patent, copyright, trade secret or other intellectual
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property right owned or controlled by AMD, except as expressly provided in
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this License.
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6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN
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OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM
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VENDOR.
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7. Disclaimer of Warranty on Software. You expressly acknowledge and
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agree that use of the Software is at your sole risk. The Software and
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related documentation are provided "AS IS" and without warranty of any kind
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and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING,
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BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
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FORA PARTICULAR PURPOSE, OF QUALITY, OF QUIET ENJOYMENT AND OF NON-
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INFRINGEMENT OF THIRD PARTY RIGHTS. AMD DOES NOT WARRANT THAT THE
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FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
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THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
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DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
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RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE,
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AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE ORTHE
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RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF
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THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO
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ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED
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REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
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THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR
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AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
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SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN
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MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS
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DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
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MAY NOT APPLY TO YOU.
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8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER
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NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS,
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OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL,
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INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
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BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND
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THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE
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OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM
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INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR
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OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED
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REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
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JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
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MAY NOT APPLY TO YOU. AMD will not be liable for 1) loss of, or damage to,
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your records or data or 2) any damages claimed by you based on any third
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party claim. In no event shall AMD's total liability to you for all
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damages, losses, and causes of action (whether in contract, tort (including
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negligence) or otherwise) exceed the amount paid by you for the Software.
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The foregoing limitations will apply even if the above stated limitation
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fails of its essential purpose.
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9. Controlling Law and Severability. This License shall be governed by
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and construed under the laws of the Province of Ontario, Canada without
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reference to its conflict of law principles. Any dispute related hereto
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will be brought only in the courts in Toronto, Ontario, Canada and such
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courts are agreed to be the convenient forum. In the event of any
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conflicts between foreign law, rules, and regulations, and Canadian law,
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rules, and regulations, Canadian law, rules and regulations shall prevail
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and govern. The United Nations Convention on Contracts for the
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International Sale of Goods shall not apply to this License. If for any
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reason a court of competent jurisdiction finds any provision of this
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License or portion thereof, to be unenforceable, that provision of the
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License shall be enforced to the maximum extent permissible so as to effect
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the intent of the parties, and the remainder of this License shall continue
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in full force and effect.
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10. Complete Agreement. This License constitutes the entire agreement
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between the parties with respect to the use of the Software and the related
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documentation, and supersedes all prior or contemporaneous understandings
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or agreements, written or oral, regarding such subject matter. No
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amendment to or modification of this License will be binding unless in
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writing and signed by a duly authorized representative of AMD.
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