ATI 10 KB

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  1. ATI Software End User License Agreement
  2. PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
  3. DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU ARE AGREEING TO
  4. BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE
  5. ELECTRONICALLY, SIGNIFY YOUR AGREEMENT BY CLICKING THE "AGREE/ACCEPT"
  6. BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN
  7. THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND (IF APPLICABLE) YOUR
  8. MONEY WILL BE REFUNDED OR IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY CLICK
  9. "DISAGREE/DECLINE".
  10. 1. License. ATI Technologies Inc., on behalf of itself, its subsidiaries
  11. and licensors (referred collectively as "ATI") grants to you the following
  12. non-exclusive, right to use the software accompanying this License
  13. (hereinafter "Software") subject to the following terms and limitations:
  14. (a) Regardless of the media upon which it is distributed, the Software is
  15. licensed to you for use solely in conjunction with ATI hardware products to
  16. which the Software relates ("ATI Hardware").
  17. (b) You own the medium on which the Software is recorded, but ATI and, if
  18. applicable, its licensors retain title to the Software and related
  19. documentation.
  20. (c) You may:
  21. i) use the Software solely in connection with the ATI Hardware on a
  22. single computer;
  23. ii) make one copy of the Software in machine-readable form for backup
  24. purposes only. You must reproduce on such copy ATI's copyright notice and
  25. any other proprietary legends that were on the original copy of the
  26. Software;
  27. iii) transfer all your license rights in the Software provided you must
  28. also transfer a copy of this License, the backup copy of the Software,
  29. the ATI Hardware and the related documentation and provided the other
  30. party reads and agrees to accept the terms and conditions of this
  31. License. Upon such transfer your license rights are then terminated.
  32. (d) In addition to the license terms above, with respect to portions of
  33. the Software in source code or binary form designed exclusively for use
  34. with the Linux operating system ("ATI Linux Code"), you may use, display,
  35. modify, copy, distribute, allow others to re-distribute, package and re-
  36. package such ATI Linux Code for commercial and non-commercial purposes,
  37. provided that:
  38. i) all binary components of the ATI Linux Code are not modified in any
  39. way;
  40. ii) the ATI Linux Code is only used as part of the Software and in
  41. connection with ATI Hardware;
  42. iii) all copyright notices of ATI are reproduced and you refer to these
  43. license terms;
  44. iv) you may not offer or impose any terms on the use of ATI Linux
  45. Code that alter or restrict this License; and
  46. v) if you have modified the ATI Linux Code, such modifications will be
  47. made publicly available and are licensed under the same terms provided
  48. herein to ATI or any other third party without further restriction,
  49. royalty or any other license requirement;
  50. vi) to the extent there is any ATI sample or control panel source
  51. code included in the ATI Linux Code, no rights are granted to modify such
  52. code except for portions thereof that may be subject to third party
  53. license terms that grant such rights; and
  54. vii) ATI is not obligated to provide any maintenance or technical support
  55. for any code resulting from ATI Linux Code.
  56. 2. Restrictions. The Software contains copyrighted and patented material,
  57. trade secrets and other proprietary material. In order to protect them,
  58. and except as permitted by this license or applicable legislation, you may
  59. not:
  60. a) decompile, reverse engineer, disassemble or otherwise reduce the
  61. Software to a human-perceivable form;
  62. b) modify, network, rent, lend, loan, distribute or create derivative
  63. works based upon the Software in whole or in part; or
  64. c) electronically transmit the Software from one computer to another or
  65. over a network or otherwise transfer the Software except as permitted by
  66. this License.
  67. 3. Termination. This License is effective until terminated. You may
  68. terminate this License at any time by destroying the Software, related
  69. documentation and all copies thereof. This License will terminate
  70. immediately without notice from ATI if you fail to comply with any
  71. provision of this License. Upon termination you must destroy the Software,
  72. related documentation and all copies thereof.
  73. 4. Government End Users. If you are acquiring the Software on behalf of
  74. any unit or agency of the United States Government, the following
  75. provisions apply. The Government agrees the Software and documentation
  76. were developed at private expense and are provided with "RESTRICTED
  77. RIGHTS". Use, duplication, or disclosure by the Government is subject to
  78. restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995),
  79. DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-
  80. 19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time
  81. to time. In the event that this License, or any part thereof, is deemed
  82. inconsistent with the minimum rights identified in the Restricted Rights
  83. provisions, the minimum rights shall prevail.
  84. 5. No Other License. No rights or licenses are granted by ATI under this
  85. License, expressly or by implication, with respect to any proprietary
  86. information or patent, copyright, trade secret or other intellectual
  87. property right owned or controlled by ATI, except as expressly provided in
  88. this License.
  89. 6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN
  90. OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM
  91. VENDOR.
  92. 7. Disclaimer of Warranty on Software. You expressly acknowledge and
  93. agree that use of the Software is at your sole risk. The Software and
  94. related documentation are provided "AS IS" and without warranty of any kind
  95. and ATI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING,
  96. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
  97. FORA PARTICULAR PURPOSE, OF QUALITY, OF QUIET ENJOYMENT AND OF NON-
  98. INFRINGEMENT OF THIRD PARTY RIGHTS. ATI DOES NOT WARRANT THAT THE
  99. FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
  100. THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
  101. DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
  102. RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE,
  103. ATI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE ORTHE
  104. RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF
  105. THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO
  106. ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATI OR ATI'S AUTHORIZED
  107. REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
  108. THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ATI OR
  109. ATI'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
  110. SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN
  111. MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS
  112. DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
  113. MAY NOT APPLY TO YOU.
  114. 8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER
  115. NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ATI, OR ITS DIRECTORS,
  116. OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL,
  117. INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
  118. BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, AND
  119. THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE
  120. OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM
  121. INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR
  122. OTHER INTELLECTUAL PROPERTY RIGHT, BY ATI, EVEN IF ATI OR ATI'S AUTHORIZED
  123. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
  124. JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
  125. INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
  126. MAY NOT APPLY TO YOU. ATI will not be liable for 1) loss of, or damage to,
  127. your records or data or 2) any damages claimed by you based on any third
  128. party claim. In no event shall ATI's total liability to you for all
  129. damages, losses, and causes of action (whether in contract, tort (including
  130. negligence) or otherwise) exceed the amount paid by you for the Software.
  131. The foregoing limitations will apply even if the above stated limitation
  132. fails of its essential purpose.
  133. 9. Controlling Law and Severability. This License shall be governed by
  134. and construed under the laws of the Province of Ontario, Canada without
  135. reference to its conflict of law principles. Any dispute related hereto
  136. will be brought only in the courts in Toronto, Ontario, Canada and such
  137. courts are agreed to be the convenient forum. In the event of any
  138. conflicts between foreign law, rules, and regulations, and Canadian law,
  139. rules, and regulations, Canadian law, rules and regulations shall prevail
  140. and govern. The United Nations Convention on Contracts for the
  141. International Sale of Goods shall not apply to this License. If for any
  142. reason a court of competent jurisdiction finds any provision of this
  143. License or portion thereof, to be unenforceable, that provision of the
  144. License shall be enforced to the maximum extent permissible so as to effect
  145. the intent of the parties, and the remainder of this License shall continue
  146. in full force and effect.
  147. 10. Complete Agreement. This License constitutes the entire agreement
  148. between the parties with respect to the use of the Software and the related
  149. documentation, and supersedes all prior or contemporaneous understandings
  150. or agreements, written or oral, regarding such subject matter. No
  151. amendment to or modification of this License will be binding unless in
  152. writing and signed by a duly authorized representative of ATI.