Software Development Kit License 

PLEASE READ THE FOLLOWING LICENSE CAREFULLY BEFORE PROCEEDING.
Your use of the ATI Software Development Kit ("SDK") is subject to the following terms and conditions. If you proceed with the downloading and/or use of the SDK by clicking below on the "I AGREE" button, you are agreeing to be bound by all of these terms and conditions: 
1. Contents and Purpose. The SDK contains object code files, sample source code files and related documentation which you may use, modify and create derivative works of to develop software which may be used personally or released as freeware, shareware or commercially. 
2. License. The SDK is licensed to you by ATI Technologies, Inc. and its licensors (collectively referred to as "ATI"). ATI retains ownership of the SDK, and grants you a license to do the following:
a. use the SDK with ATI hardware and any other compatible hardware product for the purpose identified in section 1;
b. make copies of the SDK and transmit and/or distribute such copies free of charge provided that a copy of this license is transmitted and/or distributed with each copy. You must reproduce on each copy ATI's copyright notice and any other proprietary legends that were on the original copy of the SDK; and
c. transfer all your license rights in the Software provided you must also transfer a copy of this License and provided the other party reads and agrees to accept the terms and conditions of this License. Upon such transfer your license is then terminated.
1. Restrictions. The SDK contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable laws, you may not decompile, reverse engineer, disassemble or otherwise reduce the software contained in the SDK to a human-perceivable form. 
2. No Support. ATI is under no obligation to provide any kind of technical, development or end-user support for the SDK or any software applications made from or by reference to the SDK.
3. Disclaimer of Warranty. You expressly acknowledge and agree that use of the SDK is at your sole risk. The SDK is provided "AS IS" and without warranty of any kind and ATI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE and NON-INFRINGEMENT. ATI DOES NOT WARRANT THAT THE CONTENTS OF THE SDK WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE CONTAINED THEREIN OR RESULTING THEREFROM WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE USE OF THE SDK AND THE RESULTS AND PERFORMANCE OF ANY SOFTWARE CONTAINED THEREIN OR RESULTING THEREFROM IS ASSUMED BY YOU. FURTHERMORE, ATI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SDK IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATI OR ATI'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE CONTENTS OF THE SDK PROVE DEFECTIVE, YOU (AND NOT ATI OR ATI'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 
4. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ATI, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SDK, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY ATI, EVEN IF ATI OR ATI'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ATI will not be liable for 1)loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall ATI's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
5. Termination. This License is effective until terminated. You can terminate this License at any time by destroying the SDK, and all copies you have made. This License will terminate immediately without notice from ATI if you fail to comply with any provision of this License. Upon termination you must destroy the SDK, related documentation and all copies you have made.
6. Government End Users. If you are acquiring the SDK and the software therein on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time to time. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
7. Controlling Law and Severability. This License shall be governed by and construed under the laws of the province of Ontario, Canada without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Canadian law, rules, and regulations, Canadian law, rules and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the SDK and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of ATI.


