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 Advanced Micro Devices, Inc. Trademark and Graphic Usage Agreement

 

Advanced Micro Devices, Inc. ("AMD") grants you (“you” or "AMD Fan") limited permission to use specific AMD trademarks and AMD branded graphics (collectively the "AMD Assets") provided herein solely to show support for AMD products, all in accordance with the terms and conditions provided below. You must agree to abide by these terms and conditions before you download, copy, or use the AMD Assets. Any such downloading, copying or use indicates your acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not download, copy, or use the AMD Assets.

  1. AMD Fan shall comply with the following terms and conditions:
    1. AMD Fan shall use the AMD Assets solely for the purpose of showing support for AMD products.
    2. AMD Fan acknowledges the great value of the goodwill associated with the AMD Assets and further acknowledges that AMD is the sole and exclusive owner of the AMD Assets and the goodwill associated therewith.
    3. AMD Fan shall not use the AMD Assets in any manner that may disparage AMD, the AMD Assets or impair the validity, scope, title or goodwill of AMD in the AMD Assets, libel or slander any person or entity, violate or infringe upon any right, common law or otherwise, of any kind or nature whatsoever, of any person or entity, or violate any right of personality, privacy or publicity.
    4. AMD Fan acknowledges that its use of the AMD Assets in no way implies sponsorship or certification by AMD of AMD Fan.
    5. AMD Fan shall not use the AMD Assets in any manner that implies AMD's sponsorship or certification of AMD Fan.
    6. AMD Fan agrees that it shall not modify the AMD Assets to infringe the copyright, trademark or common law rights of any person or entity.
  2. AMD FAN AGREES 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 AMD FAN’S BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR ANY IMPROPER OR UNAUTHORIZED USE OF THE AMD ASSETS.
  3. THE AMD ASSETS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  AMD HEREBY DISCLAIMS ALL WARRANTIES, IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AMD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT RELATED ACTION, ARISING OUT OF, OR IN CONNECTION WITH, OR IN CONTEMPLATION OF THE AMD FAN’S USE OF THE AMD ASSETS, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   IN ALL CASES AMD’S TOTAL LIABILITY TO AMD FAN HEREUNDER FROM ANY AND ALL CAUSES SHALL NOT EXCEED $10US IN THE AGGREGATE.
  4. AMD Fan's failure to comply with the terms and conditions of this Agreement shall result in an immediate termination of this Agreement.
  5. AMD reserves the right to withdraw permission to use the AMD Assets, in its sole discretion.
  6. Upon the expiration or termination of this Agreement, the rights and licenses granted hereby to AMD Fan shall immediately terminate and AMD Fan shall immediately cease to use the AMD Assets.
  7. Any claim arising under or relating to this Agreement shall be governed by and construed in accordance with, the substantive laws of the State of Texas, State and Federal courts of Travis County Texas and the Western District of Texas, without regard to principles of conflict of laws.
  8. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements with respect to the subject matter of this Agreement.

If you have any questions regarding the terms and conditions of this Agreement, please contact the AMD Law Department at amd.trademarks@amd.com.

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