The following legal terms (“Terms”) govern your registration and participation in the AMD Try and Buy Program (“Program”) and your right to access the Program’s web portal (“Portal”). Advanced Micro Devices, Inc. and/or its affiliates (“AMD” or “us”) provide the Portal to you (if using or registering as an individual) or the entity you represent (if using or registering as a business) (“you”) for your use in connection with our Program. By visiting the Portal or registering as a user of the Portal, you accept these Terms and represent that you have the authority to bind yourself or the company you represent to the Terms. The Terms, together with any nondisclosure agreement executed between you and AMD, constitute the entire agreement between you and AMD related to your use of the Portal.

ACCESS

The Portal is only for your use, and you are only authorized to use it in connection with the Program. AMD grants you a limited, revocable license to access and use the Portal’s services and functionality that we may establish and maintain from time to time and in our sole discretion. You may not use the Portal for any other commercial or non-commercial purposes or in any way (1) that is unlawful or harms AMD, its customers, suppliers, or other parties, as determined in AMD’s sole discretion; or (2) that could damage, disable, or impair the Portal (or any network(s) connected to the Portal) or interfere with any other party’s use of the Portal.

YOUR ACCOUNT; USER PERMISSIONS

You are responsible for maintaining the confidentiality of your account and password that you use to access the Portal. You agree that you are responsible for all activities that occur under your account or password, including activities that occur under any user name you grant access to your account. You will ensure that all users granted access to your account comply with these Terms and any nondisclosure agreement you enter into with us. If you make changes to your settings or user permissions within the Portal, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.

PRIVACY

Any information that you provide to AMD through the Portal, including personal information associated with your account, will be collected, maintained, and used in accordance with AMD’s Privacy Policy, currently located at https://www.amd.com/en/legal/privacy.html. You acknowledge your use of the Portal constitutes consent to the collection and use of such information.

USE OF LOANED ITEMS

If AMD fulfills your request for any sample products listed in the Portal (each, a “System”), you agree the System is on loan to you only for the time period specified in the order confirmation we send you (“Trial Period”). All right and title to the System will remain with AMD. You will use the System solely for evaluation purposes in a commercial environment, and you will not make any physical or mechanical alterations to it or use the System in a manner incompatible with applicable laws. At the end of the Trial Period, you will promptly return the System to AMD in the same condition as it was received, excepting normal wear and tear. If you fail to return the System, the System will be deemed purchased, and AMD may invoice you for the current market price of a device of comparable capability. Prior to returning the System, you are solely responsible for deleting all of the software and other information you added to the System. AMD will have no obligation to protect, destroy, or return the contents of any System that you return to AMD.

NO WARRANTIES

AMD PROVIDES THE PORTAL AND EACH SYSTEM “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU EXPRESSLY AGREE THAT USE OF THE PORTAL AND ANY SYSTEM PROVIDED TO YOU IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMD MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL OR SYSTEMS OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PORTAL OR SYSTEMS AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PORTAL OR ANY SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. AMD DOES NOT WARRANT THAT THE SYSTEMS, PORTAL, ITS SERVERS, OR E-MAILS SENT ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN NO EVENT WILL AMD BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OF THE PORTAL OR ANY SYSTEM, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT AMD IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS, OR DATA, OR (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PORTAL OR SYSTEM. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE AGGREGATE LIABILITY OF AMD UNDER THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

INDEMNIFICATION

You release us and will indemnify, defend, and hold harmless AMD and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) arising from or related to any breach of your representations, warranties, or other obligations contained in these Terms (together, “Claims”). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or settle any Claim without our prior written consent, which may not be unreasonably withheld.

TERMINATION

AMD may terminate these Terms, or terminate or suspend your access to the Portal, at any time with or without cause. Upon any termination or suspension of these Terms, your right to use the Portal will cease immediately, and you will not be able to retrieve any information related to your account. All provisions that reasonably may be construed as surviving these Terms will survive the termination.

CHANGES TO THESE TERMS AND THE PORTAL

We may in our discretion make any change to these Terms without notice to you. You are responsible for reviewing the revised Terms. CONTINUED USE OF THE PORTAL OR PARTICIPATION IN THE PROGRAM AFTER SUCH CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. We may change the Portal or delete any features or functionality, or any aspect of the services, in any way at any time for any reason.

CHOICE OF LAW; RESOLVING DISPUTES

The laws of the State of Texas govern these Terms and any dispute or claims for enforcement, breach, or violation of duties or rights under these Terms, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Travis County and the Western District of Texas in all disputes arising out of or relating to the use of the Portal or these Terms.

INTERPRETING THE TERMS; ASSIGNMENT

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect. AMD may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms, or assign, transfer, or sublicense your rights, if any, in the Portal. The section titles are solely used for convenience of the parties and have no legal or contractual significance.