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 Advanced Micro Devices, Inc. Trademark and Graphic Usage Agreement

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Advanced Micro Devices, Inc. ("AMD") grants you ("Advertiser") limited permission to use the trademarks ("AMD Trademarks") or graphics ("AMD Graphics") provided herein solely in connection with the advertising, marketing, promotion and sale of Advertiser products including an AMD processor and in accordance with the terms and conditions provided below, but does not include permission to use the AMD Trademarks or AMD Graphics on Advertiser product packaging. If you would like to use the AMD Trademarks and AMD Graphics on Advertiser product packaging, please refer to the directions found at www.amd.com/executable_license

You must agree to abide by these terms and conditions before you download, copy, or use the AMD Trademarks or AMD Graphics provided herein. 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 Trademarks or AMD Graphics in connection with the advertising, marketing, promotion and sale of Advertiser products including an AMD processor.

I. Trademarks

  1. Advertiser shall use the AMD Trademarks only in the manner specified by AMD in the respective AMD Trademark and/or Logo Usage Guidelines (individually or collectively “AMD Trademark Usage Guidelines”) provided by AMD. The AMD Trademark Usage Guidelines may be modified by AMD from time to time.
  2. Advertiser shall comply with the following terms and conditions:
    1. Advertiser shall use the AMD Trademarks solely in connection with the corresponding AMD products and not for any other goods and/or services.
    2. Advertiser's company name, logo or product name shall appear on any products or related materials where an AMD Trademark is used.
    3. Advertiser shall not combine the AMD Trademarks with any other trademark, trade name, other logo, words, graphics, photos, slogans, numbers, design features, or symbols.
    4. Advertiser shall not use the AMD Trademarks in any manner that may disparage the AMD Trademarks or impair the validity, scope, title or goodwill of AMD in the AMD Trademarks.
    5. In each publication or other item produced or caused to be produced by Advertiser that includes any AMD Trademark, Advertiser agrees to provide a specific trademark attribution that uses a ™ and acknowledges Advanced Micro Devices, Inc. as the owner of the trademark(s) used. Such acknowledgement shall be in a font size customarily used and at least as large as other trademark attribution.
  3. Advertiser agrees to maintain that standard of quality comparable with the current quality of computer products standard in the industry while using the AMD Trademarks. Quality standards in connection with the use of the AMD Trademarks with Advertiser computer products including AMD processors shall be at least equal to those used by Advertiser for comparable Advertiser computer products that do not include AMD products.
  4. Advertiser shall supply AMD, for AMD's written approval (which shall not be unreasonably withheld), representative specimens of products and marketing, advertising, promotion, and sales materials bearing an AMD Trademark at least ten (10) business days prior to use of said products or materials. AMD will respond within five (5) business days of receipt of said product or materials, and failure to respond will be deemed approval. Following approval, Advertiser shall only be required to submit for approval, additional samples that substantially differ from those previously approved.
  5. Advertiser acknowledges the great value of the goodwill associated with the AMD Trademarks and further acknowledges that AMD is the sole and exclusive owner of the AMD Trademarks and the goodwill associated therewith. Advertiser agrees that it will not, either during or after the term of this Agreement, contest, attack or dispute, or assist another party in contesting, attacking or disputing AMD's title or rights in the AMD Trademarks.
  6. Advertiser shall defend, indemnify and hold AMD harmless from and against any claims, lawsuits, judgments, losses, damages, costs and attorney's fees at all levels of proceedings arising from an unauthorized or negligent use by Advertiser of AMD's Trademarks or the trademarks of a third party.
    1. Advertiser shall inform AMD, within a reasonable time, of any unauthorized use of the AMD Trademarks that comes to the attention of Advertiser. AMD shall have the right, but not the obligation, to take action against any unauthorized user.

II. AMD Graphics

  1. Advertiser shall comply with the following terms and conditions:
    1. Advertiser shall use the AMD Graphics solely in connection with the corresponding AMD products and not for any other goods and/or services.
    2. Advertiser shall not use the AMD Graphics in any manner that may disparage the AMD Graphics or impair the validity, scope, title or goodwill of AMD in the AMD Graphics.
    3. AMD64 Logo. In addition to only be granted permission to use the AMD64 logo in accordance with the terms and conditions of this Agreement, Advertiser is only granted permission to use the AMD 64 logo in advertising, marketing, promotion and sale materials for an Advertiser-branded product that:
      1. Fully supports the features of AMD64 technology-based processors when tested using an AMD64 technology-based platform that includes and AMD64 processor; and
      2. Passes Advertiser’s internal product quality tests and quality control processes, wherein such internal product quality tests shall be designed to identify the quality or reliability issues in Advertiser’s products and such internal quality control processes shall implement steps to correct any quality or reliability issues identified by the foregoing product quality tests. In no instance shall Advertiser’s internal product quality tests and quality control processes be less stringent than those conducted and implemented by Advertiser’s competitors in industry.
    4. In each publication or other item produced or caused to be produced by Advertiser that includes any AMD Graphics, Advertiser agrees to provide a specific attribution that acknowledges Advanced Micro Devices, Inc. as the owner of the graphic(s) used. Such acknowledgement shall be in a font size customarily used and at least as large as other trademark attribution.

III. Advertiser acknowledges that use of the AMD Trademarks and/or AMD Graphics in no way implies sponsorship or certification by AMD of Advertiser's company, products and/or services. Advertiser shall not use the AMD Trademarks and/or AMD Graphics in any manner that implies AMD's sponsorship or certification of Advertiser's company, products and/or services.

IV. Advertiser acknowledges that the AMD Trademarks and AMD Graphics shall not be modified to infringe the copyright, trademark or common law rights of any person or entity; and that nothing contained in material produced by the Advertiser that incorporates the AMD Trademarks or the AMD Graphics will constitute a libel or slander against, or violate or infringe upon any right, common law or otherwise, of any kind or nature whatsoever, of any person or entity, including, without limitation, any right of privacy or publicity. ADVERTISER 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 ADVERTISER'S BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, ADVERTISER’S PRODUCTS OR OTHER IMPROPER USE OF THE AMD TRADEMARKS OR AMD GRAPHICS.

V. Warranty Disclaimer

ALL MATERIALS PROVIDED BY AMD, INCLUDING THE AMD TRADEMARKS AND THE AMD GRAPHICS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AMD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO MATERIALS, INCLUDING ALL WARRANTIES, IMPLIED OR EXPRESS, 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, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT RELATED ACTION, ARISING OUT OF, OR IN CONNECTION WITH, OR IN CONTEMPLATION OF THE USE OR PERFORMANCE OF MATERIALS PROVIDED FROM THIS SERVER, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VI. Termination

  1. Advertiser's failure to comply with the terms and conditions of this Agreement shall result in an immediate termination of this Agreement.
  2. AMD reserves the right to withdraw permission to use the AMD Trademarks and/or the AMD Graphics, in its sole discretion.
  3. Upon the expiration or termination of this Agreement, the rights and licenses granted hereby to Advertiser shall immediately terminate and Advertiser shall immediately cease to use the AMD Trademarks and/or AMD Graphics.

VII. Other

  1. 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 California, without regard to principles of conflict of laws. Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purposes of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection that it may have to contest such forum.
  2. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
  3. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
  4. This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral 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 Legal Department at (512) 602-1000.

If you agree to abide by the terms and conditions of this Agreement, please press "Accept." If you do not agree to abide by the terms and conditions of this Agreement and press "Decline," you may not use the AMD Trademarks or AMD Graphics.​

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