END USER LICENSE AGREEMENT

AMD Software: Adrenalin Edition / AMD Software: PRO Edition / AMD Software: Cloud Edition / AMD CATALYST

This End User License Agreement (the “Agreement”) provides terms and conditions that govern Your use of the AMD software identified above and unless otherwise provided, these terms and conditions also apply to Your use of any additional software offerings made available to You through such software. The software listed above and the additional software offerings are collectively referred to herein as the “Software.”

IMPORTANT: DO NOT INSTALL, COPY, OR USE ANY OF THE SOFTWARE, DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE GENERAL LICENSE TERMS AND ALL APPLICABLE ADDITIONAL LICENSE TERMS.  THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” and “YOUR”) AND ADVANCED MICRO DEVICES, INC. (“AMD”). BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, AGREE TO, AND EXPRESSLY ACCEPT THE TERMS OF THIS AGREEMENT. 

1. Definitions

  1. “Documentation” means install scripts and online or electronic documentation associated, included, or provided in connection with the Software, or any portion thereof.
  2. “Free Software License” means an open source or other license that requires, as a condition of use, modification or distribution, that any resulting software must be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge.
  3. “Intellectual Property Rights” means all copyrights, trademarks, trade secrets, patents, mask works, and all related, similar, or other intellectual property rights recognized in any jurisdiction worldwide, including all applications and registrations with respect thereto.
  4. “Object Code” means machine readable computer programming code files, which is not in a human readable form.
  5. “Source Code” means computer programming code in human readable form and related system level documentation, including all comments, symbols and any procedural code such as job control language.

2. License Grant

Subject to the terms and conditions of this Agreement, AMD hereby grants You a non-exclusive, royalty-free, revocable, non-transferable, limited, copyright license to:

  1. install, copy, and reproduce the Software solely in Object Code form in conjunction with systems or components that include or incorporate AMD processors; and
  2. use and reference the Documentation, if any, solely in connection with your use of the Software.

3. Restrictions

Except for the limited license expressly granted herein, You have no other rights in the Software, whether express, implied, arising by estoppel, or otherwise.  For the avoidance of doubt, You may not:

  1. modify or create derivative works of the Software or Documentation;
  2. distribute, publish, display, sublicense, assign, or otherwise transfer the Software or Documentation;
  3. decompile, reverse engineer, disassemble, or otherwise reduce the Software to Source Code form (except as allowed by applicable law);
  4. alter or remove any copyright, trademark, patent, or other proprietary notice(s) in the Software or Documentation;
  5. use the Software or Documentation to (i) develop inventions directly derived from Confidential Information or seek patent protection on any such inventions, (ii) assist in the analysis of Your patents and patent applications, or (iii) modify existing patents or patent applications;
  6. use, modify, and/or distribute any of the Software or Documentation so that any part becomes subject to a Free Software License;
  7. use the Software or Documentation to infringe upon the Intellectual Property Rights of AMD or any third party;
  8. use the Software or Documentation for any unlawful purpose; or
  9. use the Software or Documentation in any manner inconsistent with or in breach of the terms and conditions of this Agreement, including the AMD AI Acceptable Use Policy.

4. Feedback

You have no obligation to give AMD any suggestions, comments or other feedback (“Feedback”) relating to the Software or Documentation.  However, AMD may use and include any Feedback that it receives from You to improve the Software, Documentation, or other AMD products, software, and technologies.  Accordingly, for any Feedback You provide to AMD, You grant AMD and its affiliates and subsidiaries a worldwide, non-exclusive, irrevocable, royalty-free, perpetual license to, directly or indirectly, use, reproduce, license, sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback in the Software, Documentation, or other AMD products, software and technologies.  You further agree not to provide any Feedback that (a) You know is subject to any Intellectual Property Rights of any third party or (b) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other AMD intellectual property, to be licensed to or otherwise shared with any third party.

5. Ownership and Copyright of Software

The Software and the Documentation, including all Intellectual Property Rights in each, are and remain the sole and exclusive property of AMD or its licensors, and You shall have no right, title or interest therein except as expressly set forth in this Agreement.

6.  AI Features

The Software may include one or more features powered by artificial intelligence or machine learning (“AI Features”). You hereby acknowledge and agree that Your use of any AI Features, and any response or Outputs You receive from any AI Features (“Outputs”), are subject to and shall comply with AMD’s AI Acceptable Use Policy, which is incorporated herein by reference, which AMD may update or revise at its discretion.
Artificial intelligence and machine learning are rapidly evolving fields of study and the accuracy of AI Features cannot be guaranteed.  You should not rely on any Outputs and You should evaluate the accuracy and appropriateness of Outputs You receive. For the avoidance of doubt, Outputs from AI Features are subject to Section 7 (Warranty Disclaimer) and Section 8 (Limitation of Liability and Indemnification), and AMD makes no representations or warranties related to the content of any Outputs.  You acknowledge and agree that Your use of any Outputs is entirely at Your own risk and You agree that AMD will not be liable to You in any way for any claims arising out of Your creation, reproduction, or use of any Outputs.
Some AI Features may be built with Meta’s Llama 3.1.  Llama 3.1 is licensed under the Llama 3.1 Community License, Copyright (c) Meta Platforms, Inc., All Rights Reserved.  A copy of the Llama 3.1 Community License is attached to this Agreement. In addition to Your compliance with AMD’s AI Acceptable Use Policy, You must also comply with the Acceptable Use Policy referenced in and incorporated into the Llama 3.1 Community License.

7. Warranty Disclaimer

THE SOFTWARE (INCLUDING AI FEATURES AND ANY OUTPUTS FROM AI FEATURES) AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  AMD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE (INCLUDING AI FEATURES AND ANY OUTPUTS FROM AI FEATURES) OR DOCUMENTATION WILL RUN UNINTERRUPTED OR ERROR-FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE.  THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE (INCLUDING AI FEATURES AND ANY OUTPUTS FROM AI FEATURES) AND DOCUMENTATION IS ASSUMED BY YOU. To the extent certain jurisdictions do not allow the exclusion of implied warranties, You agree Section 7 applies to the fullest extent of the law allowed in your jurisdiction. 

8. Limitation of Liability and Indemnification

AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SOFTWARE (INCLUDING AI FEATURES AND ANY OUTPUTS FROM AI FEATURES), DOCUMENTATION, OR THIS AGREEMENT EVEN IF AMD AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In no event shall AMD's total liability to You for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount of $100 USD.  You agree 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 Your use of the Software (including any use of the AI Features or Outputs from AI Features) and Documentation or Your violation of the terms and conditions of this Agreement.

9. Export Restrictions

You shall adhere to all applicable U.S. import/export laws and regulations, as well as the import/export control laws and regulations of other countries as applicable. You further agree to not export, re-export, or transfer, directly or indirectly, any product, technical data, software or source code received from AMD under this license, or the direct product of such technical data or software to any country for which the United States or any other applicable government requires an export license or other governmental approval without first obtaining such licenses or approvals; or in violation of any applicable laws or regulations of the United States or the country where the technical data or software was obtained.  You acknowledge the technical data and software received will not, in the absence of authorization from U.S. or local law and regulations as applicable, be used by or exported, re-exported or transferred to: (i) any sanctioned or embargoed country, or to nationals or residents of such countries; (ii) any restricted end-user as identified on any applicable government end-user list; or (iii) any party where the end-use involves nuclear, chemical/biological weapons, rocket systems, or unmanned air vehicles.   For the most current Country Group listings, or for additional information about the EAR or Your obligations under those regulations, please refer to the U.S. Bureau of Industry and Security’s website at http://www.bis.doc.gov/.

10. Notice to U.S. Government End Users

The Software and Documentation are "commercial items", as that term is defined at 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, respectively. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in this Agreement. Unpublished rights are reserved under the copyright laws of the United States.

11. Termination of License

This Agreement will terminate immediately without notice from AMD or judicial resolution if (1) You fail to comply with any provisions of this Agreement, or (2) You provide AMD with notice that You would like to terminate this Agreement.  Upon termination of this Agreement, You must delete or destroy all copies of the Software. Upon termination or expiration of this Agreement, all provisions survive except for Section 2 (License Grant).

12. Support; Updates; and Changes to Software

AMD is under no obligation to provide any kind of support under this Agreement.  AMD may, in its sole discretion, provide You with updates to the Software and Documentation. As part of Your use of the Software, you may have the option to automatically install updates of the Software.  All updates are subject to the terms and conditions of this Agreement, and You acknowledge and agree that by installing updates (including by choosing to automatically install updates), you have read and understand the terms and conditions of this Agreement and agree to be bound by them with respect to any and all such updates. AMD has the right, in AMD’s sole discretion, to change, retire or discontinue any aspect or feature of the Software without notice to you.

13. Governing Law

This Agreement is made under and shall be construed according to the laws of the State of Texas, excluding conflicts of law rules. Each party submits to the jurisdiction of the state and federal courts of Travis County and the Western District of Texas for the purposes of this Agreement. You acknowledge that Your breach of this Agreement may cause irreparable damage and agree that AMD shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction.

14. Privacy

We may be required under applicable data protection law to provide You with certain information about who we are, how we process Your personal data and for what purposes and Your rights in relation to Your personal information and how to exercise them. This information is provided in www.amd.com/en/corporate/privacy. It is important that You read that information. AMD’s Cookie Policy sets out information about the cookies AMD uses.
To help AMD improve Your graphics experience, AMD may collect non-personal information, including the model of AMD graphics product, its device id, and other system information.

15. General Provisions

You may not assign this Agreement without the prior written consent of AMD and any assignment without such consent will be null and void.  The parties do not intend that any agency or partnership relationship be created between them by this Agreement.  Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law.  However, in the event that any provision of this Agreement becomes or is declared unenforceable by any court of competent jurisdiction, such provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect.

16. Entire Agreement

This Agreement sets forth the entire agreement and understanding between the parties with respect to the Software and supersedes and merges all prior oral and written agreements, discussions and understandings between them regarding the subject matter of this Agreement.  No waiver or modification of any provision of this Agreement shall be binding unless made in writing and signed by an authorized representative of each party.

 

LLAMA 3.1 COMMUNITY LICENSE AGREEMENT

Llama 3.1 Version Release Date: July 23, 2024

“Agreement” means the terms and conditions for use, reproduction, distribution and modification of the Llama Materials set forth herein.

“Documentation” means the specifications, manuals and documentation accompanying Llama 3.1 distributed by Meta at https://llama.com/docs/overview.

“Licensee” or “you” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf.

“Llama 3.1” means the foundational large language models and software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing distributed by Meta at https://llama.com/llama-downloads.

“Llama Materials” means, collectively, Meta’s proprietary Llama 3.1 and Documentation (and any portion thereof) made available under this Agreement.

“Meta” or “we” means Meta Platforms Ireland Limited (if you are located in or, if you are an entity, your principal place of business is in the EEA or Switzerland) and Meta Platforms, Inc. (if you are located outside of the EEA or Switzerland).

By clicking “I Accept” below or by using or distributing any portion or element of the Llama Materials, you agree to be bound by this Agreement.

1. License Rights and Redistribution.

  1. Grant of Rights. You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Meta’s intellectual property or other rights owned by Meta embodied in the Llama Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Llama Materials.
  2. Redistribution and Use.
    1. If you distribute or make available the Llama Materials (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (A) provide a copy of this Agreement with any such Llama Materials; and (B) prominently display “Built with Llama” on a related website, user interface, blogpost, about page, or product documentation. If you use the Llama Materials or any outputs or results of the Llama Materials to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “Llama” at the beginning of any such AI model name.
    2. If you receive Llama Materials, or any derivative works thereof, from a Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you.
    3. You must retain in all copies of the Llama Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “Llama 3.1 is licensed under the Llama 3.1 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved.”
    4. Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama Materials (available at https://llama.com/llama3_1/use-policy), which is hereby incorporated by reference into this Agreement.

2. Additional Commercial Terms.

If, on the Llama 3.1 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights.

3. Disclaimer of Warranty.

UNLESS REQUIRED BY APPLICABLE LAW, THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS.

4. Limitation of Liability.

IN NO EVENT WILL META OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.

5. Intellectual Property.

  1. No trademark licenses are granted under this Agreement, and in connection with the Llama Materials, neither Meta nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Llama Materials or as set forth in this Section 5(a). Meta hereby grants you a license to use “Llama” (the “Mark”) solely as required to comply with the last sentence of Section 1.b.i. You will comply with Meta’s brand guidelines (currently accessible at https://about.meta.com/brand/resources/meta/company-brand/). All goodwill arising out of your use of the Mark will inure to the benefit of Meta.
  2. Subject to Meta’s ownership of Llama Materials and derivatives made by or for Meta, with respect to any derivative works and modifications of the Llama Materials that are made by you, as between you and Meta, you are and will be the owner of such derivative works and modifications.
  3. If you institute litigation or other proceedings against Meta or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Llama Materials or Llama 3.1 outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Meta from and against any claim by any third party arising out of or related to your use or distribution of the Llama Materials.

6. Term and Termination.

The term of this Agreement will commence upon your acceptance of this Agreement or access to the Llama Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Meta may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Llama Materials. Sections 3, 4 and 7 shall survive the termination of this Agreement.

7. Governing Law and Jurisdiction.

This Agreement will be governed and construed under the laws of the State of California without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The courts of California shall have exclusive jurisdiction of any dispute arising out of this Agreement.

Llama 3.1 Acceptable Use Policy

Meta is committed to promoting safe and fair use of its tools and features, including Llama 3.1. If you access or use Llama 3.1, you agree to this Acceptable Use Policy (“Policy”). The most recent copy of this policy can be found at https://llama.com/llama3_1/use-policy.

Prohibited Uses

We want everyone to use Llama 3.1 safely and responsibly. You agree you will not use, or allow others to use, Llama 3.1 to:

  1. Violate the law or others’ rights, including to:
    1. Engage in, promote, generate, contribute to, encourage, plan, incite, or further illegal or unlawful activity or content, such as:
      1. Violence or terrorism
      2.  Exploitation or harm to children, including the solicitation, creation, acquisition, or dissemination of child exploitative content or failure to report Child Sexual Abuse Material
      3. Human trafficking, exploitation, and sexual violence
      4. The illegal distribution of information or materials to minors, including obscene materials, or failure to employ legally required age-gating in connection with such information or materials.
      5. Sexual solicitation
      6. Any other criminal activity
    2. Engage in, promote, incite, or facilitate the harassment, abuse, threatening, or bullying of individuals or groups of individuals
    3. Engage in, promote, incite, or facilitate discrimination or other unlawful or harmful conduct in the provision of employment, employment benefits, credit, housing, other economic benefits, or other essential goods and services
    4. Engage in the unauthorized or unlicensed practice of any profession including, but not limited to, financial, legal, medical/health, or related professional practices
    5. Collect, process, disclose, generate, or infer health, demographic, or other sensitive personal or private information about individuals without rights and consents required by applicable laws
    6. Engage in or facilitate any action or generate any content that infringes, misappropriates, or otherwise violates any third-party rights, including the outputs or results of any products or services using the Llama Materials
    7. Create, generate, or facilitate the creation of malicious code, malware, computer viruses or do anything else that could disable, overburden, interfere with or impair the proper working, integrity, operation or appearance of a website or computer system
  2. Engage in, promote, incite, facilitate, or assist in the planning or development of activities that present a risk of death or bodily harm to individuals, including use of Llama 3.1 related to the following:
    1. Military, warfare, nuclear industries or applications, espionage, use for materials or activities that are subject to the International Traffic Arms Regulations (ITAR) maintained by the United States Department of State
    2. Guns and illegal weapons (including weapon development)
    3. Illegal drugs and regulated/controlled substances
    4. Operation of critical infrastructure, transportation technologies, or heavy machinery
    5. Self-harm or harm to others, including suicide, cutting, and eating disorders
    6. Any content intended to incite or promote violence, abuse, or any infliction of bodily harm to an individual
  3. Intentionally deceive or mislead others, including use of Llama 3.1 related to the following:
    1. Generating, promoting, or furthering fraud or the creation or promotion of disinformation
    2. Generating, promoting, or furthering defamatory content, including the creation of defamatory statements, images, or other content
    3. Generating, promoting, or further distributing spam
    4. Impersonating another individual without consent, authorization, or legal right
    5. Representing that the use of Llama 3.1 or outputs are human-generated
    6. Generating or facilitating false online engagement, including fake reviews and other means of fake online engagement
  4. Fail to appropriately disclose to end users any known dangers of your AI system

Please report any violation of this Policy, software “bug,” or other problems that could lead to a violation of this Policy through one of the following means: