ADVANCED MICRO DEVICES, INC.
END USER LICENSE AGREEMENT
AMD Optimizing C/C++ Compiler (AOCC)


IMPORTANT-READ CAREFULLY:  THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU
(EITHER AN INDIVIDUAL OR AN ENTITY) ("YOU") AND ADVANCED MICRO DEVICES, INC.("AMD").
DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE, DOCUMENTATION (AS DEFINED
BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY "SOFTWARE") UNTIL YOU HAVE CAREFULLY
READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.  

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR 
USE THIS SOFTWARE.  BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO 
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

1.	DEFINITIONS.
	
	a) "Documentation" means install scripts and online or electronic
	   documentation associated, included, or provided in connection
	   with the Software, or any portion thereof. 
        b) "Object Code" means machine readable computer programming code
           files, which is not in a human readable form.  
        c) "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. 
        d) "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.  For clarification, the 
           GNU General Public License is a Free Software License.

2.	LICENSE.  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 install and use the Software solely in
conjunction with AMD product-based systems or AMD components, as applicable.

3.	RESTRICTIONS.  Except for the limited license expressly granted in 
Section 2 herein, You have no other rights in the Software, whether express, 
implied, arising by estoppel or otherwise. Further restrictions regarding 
Your use of the Software are set forth below. You may not: 

      a) modify or create derivative works of the Software;
      b) distribute, publish, display, sublicense, assign or otherwise transfer
         the Software;
      c) decompile, reverse engineer, disassemble or otherwise reduce the 
         Software to a human-perceivable form (except as allowed by applicable law);  
      d) alter or remove any copyright, trademark or patent notice(s) in the 
         Software; or 
      e) use the Software to: (i) develop inventions directly derived from 
         Confidential Information to seek patent protection; (ii) assist 
         in the analysis of Your patents and patent applications; or (iii)
	 modify existing patents.
      f) use the Software in a way that requires that the Software or any
	 portion thereof be licensed under a Free Software License.

4.	FEEDBACK.  You have no obligation to give AMD any suggestions, comments
or other feedback ("Feedback") relating to the Software.  However, AMD may use 
and include any Feedback that it receives from You to improve the Software 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 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.	SUPPORT AND UPDATES.    AMD may, in its sole discretion, provide to You
updates to the Software and limited technical support (.Support.) as outlined 
in the AOCC Technical Support documentation. Any such Support and 
updates will be covered as Software under this Agreement.  AMD reserves the
right to end Support for the AOCC compiler at any time without notice.

6. 	Other AMD Software Components.  The Software may be accompanied by
AMD software components (e.g. libraries, sample code) which are licensed to
You under the terms and conditions of their respective licenses located in 
the directory with the software component.

7.	Third Party Materials.  Together with the Software, AMD may include 
third party technologies (e.g. third party libraries) for which You must 
obtain licenses from parties other than AMD.  You agree that AMD has not 
obtained or conveyed to You, and that You shall be responsible for obtaining, 
Intellectual Property Rights to use and/or distribute the applicable, 
underlying Intellectual Property Rights related to the third party
technologies. These third party technologies are not licensed as part of the
Software and are not licensed under this Agreement.  

8.	OWNERSHIP AND COPYRIGHT OF SOFTWARE. The Software, including all
Intellectual Property Rights therein, is and remains 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. 

9.	WARRANTY DISCLAIMER: THE SOFTWARE AND ANY SUPPORT IS 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 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 IS ASSUMED BY YOU. Some jurisdictions do not allow the 
exclusion of implied warranties, so the above exclusion may not apply to You. 

10.	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 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 or violation of the 
terms and conditions of this Agreement.  

11.	EXPORT RESTRICTIONS: You shall adhere to all applicable U.S., European,
and other export laws, including but not limited to the U.S. Export 
Administration Regulations ("EAR"), (15 C.F.R. Sections 730 through 774), 
and E.U. Council Regulation (EC) No 428/2009 of 5 May 2009.  Further, pursuant 
to Section 740.6 of the EAR, You hereby certify that, except pursuant to a 
license granted by the United States Department of Commerce Bureau of Industry
and Security or as otherwise permitted pursuant to a License Exception under 
the EAR, You will not (1) export, re-export or release to a national of a 
country in Country Groups D:1, E:1 or E:2 any restricted technology, software, 
or source code You receive from AMD, or (2) export to Country Groups D:1, 
E:1 or E:2 the direct product of such technology or software, if such foreign
produced direct product is subject to national security controls as identified
on the Commerce Control List (currently found in Supplement 1 to Part 774 of
EAR). 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/.

12.	U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software is provided with
"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is 
subject to the restrictions as set forth in FAR 52.227-14 and DFAR252.227-7013,
et seq., or its successor.  Use of the Software by the Government constitutes 
acknowledgement of AMD's proprietary rights in them.

13.	TRANSMISSION. The parties agree the Software will be transmitted by 
remote telecommunication with the receipt of no tangible personal property 
other than Documentation.

14.	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.

15.	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.

16. 	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.  

17. 	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.

If and only if You agree to abide by the terms and conditions of this
Agreement, You may use this Software. If You do not agree to abide by the terms
and conditions of this Agreement, You may not use the Software.
