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PCnet FAMILY DRIVER SOFTWARE LICENSE AGREEMENT IMPORTANT: This is a legal agreement between you (either an individual or an entity) (hereinafter "LICENSEE") and Advanced Micro Devices, Inc. (hereinafter "AMD"). By loading, installing, copying or otherwise using this software or any portion thereof, you agree to be bound by all of the terms of this Agreement. Do not load this 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, you may not install, use, or copy this software or any portion thereof. 1. Grant of License. AMD grants LICENSEE a limited, personal, non-exclusive, nontransferable, royalty-free copyright license: (1) to use, execute, perform and copy the Software only to incorporate the software program, documentation and materials obtained by LICENSEE ("Software") into products incorporating the AMD Products, (2) to use, execute, perform and copy the Software and to prepare Derivative Works of the Software only in order to incorporate the corresponding Software based on Derivative Works into products incorporating the AMD Products, and, (3) to distribute, directly or indirectly, copies by sale or lease, or to otherwise transfer possession of media containing copies of the Software based on Derivative Works only in conjunction with products incorporating the AMD Products. 2. Definitions. a. "Derivative Works" shall mean a work which is based on one or more preexisting works, such as a revision, modification, translation, abridgment, condensation, expansion, collection, compilation or any other form in which such preexisting work may be recast, transformed or adapted. b. "AMD Products" means any integrated circuit devices that are manufactured and sold by Advanced Micro Devices that contain Ethernet cores. 3. Ownership and Copyright of Software: Title to the Software and all copies thereof remains with AMD or its suppliers. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. LICENSEE shall not remove or destroy any copyright notices, proprietary markings or confidential legends placed upon, contained within or associated with the Software. LICENSEE agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, AMD does not grant any express or implied right to LICENSEE under AMD patents, copyrights, trademarks, or trade secret information. 4. Warranty Disclaimer. a. The Software is provided to LICENSEE on an "AS IS" basis, without warranty of any kind. AMD HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. AMD MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. b. AMD does not warrant, guarantee, or make any representations as to the correctness, accuracy, or reliability of the Software. AMD does not warrant that operation of the Software will be uninterrupted or error-free. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS, OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. AMD may make changes to the Software or to any products described therein at any time without notice. Some jurisdictions do not allow for the exclusion or limitation of implied warranties, so the above limitations or exclusions may not apply to LICENSEE. 5. Exclusions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By using the Software without charge, LICENSEE accepts this allocation of risk. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties and, therefore, the above limitations might not apply to LICENSEE. 6. Limitation of Liability. AMD shall have no liability arising from or by virtue of this Agreement, whether due to AMD's gross negligence, AMD's breach of its obligations under this Agreement, or otherwise. This limitation of liability is complete and exclusive, shall apply even if AMD has been advised of the possibility of such potential claims, losses, or damages, and shall apply regardless of the success or effectiveness of any other remedies possessed by LICENSEE or any third parties. This limitation of liability reflects an agreed upon allocation of risk between AMD and LICENSEE in view of the nature of this transaction. 7. Government Users. If LICENSEE is a U.S. Government user, then the Software is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 or subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, as applicable. 8. Support. AMD is under no obligation to assist in the use of this Software, to provide support for the Software, or to provide maintenance, correction, modification, enhancement, or upgrades to the Software. AMD may provide such support, maintenance, correction, modification, enhancement or upgrades in a media determined by AMD and AMD shall have no obligation to notify LICENSEE thereof. Additionally, such support, maintenance, correction, modification, enhancement, or upgrades shall be considered part of the Software, and shall be subject to this Agreement. 9. Termination of License. This Agreement will terminate immediately without notice from AMD or judicial resolution if LICENSEE fails to comply with any provision of this Agreement. Upon termination of this Agreement, LICENSEE must delete or destroy all copies of the Software and documentation. 10. Governing Law. Any claim arising under or related to this Agreement shall be governed by, construed in accordance with, and subject to the laws of California, without regard to conflicts of laws and principles. The parties agree to jurisdiction in the state and federal courts of Santa Clara county and the Northern District of California. 11. Export Assurances. LICENSEE agrees and certifies that neither the Software, nor any direct product thereof will be exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder without the required authorization from the United States government nor will it be used for any purpose prohibited by the same. 12. Severability. 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. 13. No Waiver. 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. 14. Entire Agreement. This Agreement constitutes the entire Agreement and understand