(i) Licensee must cause the modified files creating the Extension to carry prominent notices stating that Licensee changed the ATI SDK and the date of any change.

(ii) Licensee must cause any Extension that it creates, distributes or publishes, that in whole or in part contains portions of, or is derived from, the SDK or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this Agreement.

(iii) If the Extension normally reads commands interactively when run, Licensee must cause it, when beginning to run for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty and that users may redistribute the program under these conditions only, and telling the user how to view a copy of this Agreement. If the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.

(b) Licensee may copy and distribute copies of the Extensions, provided that Licensee conspicuously and appropriately publish on each copy ATI’s copyright notice and disclaimer of warranty; keep intact all the notices that refer to this Agreement and to the absence of any warranty; and give any other recipients of the Extensions a copy of this Agreement along with the Extension.

(c) The licenses and requirements of this Section 2. apply to the Extension as a whole. If identifiable portions of that Extension are not derived from the SDK, and can be reasonably considered independent and separate works in themselves, then this Agreement, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same portions as part of a whole which is a work based on the SDK, the distribution of the whole must be on the terms of this Agreement, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. It is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the SDK.

(d) You may not copy, modify, sublicense, or distribute the SDK except as expressly provided under this Agreement. Any attempt otherwise to copy, modify, sublicense or distribute the SDK is void, and will automatically terminate your rights under this Agreement. However, parties who have received copies, or rights, from you under this Agreement will not have their licenses terminated so long as such parties remain in full compliance with the terms hereof.

(e) Each time you distribute the Extensions (or any work based on the SDK), the recipient automatically receives a license from the ATI to copy, distribute or modify the SDK or the Extensions, subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this Agreement.

(f) If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this Agreement, they do not excuse you from the conditions of this Agreement. If you cannot distribute so as to satisfy simultaneously your obligations under this Agreement and any other pertinent obligations, then as a consequence you may not distribute the Extensions at all. For example, if a patent license would not permit royalty-free redistribution of the Extensions by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this Agreement would be to refrain entirely from distribution of the Extensions. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices.

3. Restrictions. The SDK contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, Licensee agrees that except for the Licensed Purpose provided for herein, it will not to decompile, reverse engineer, disassemble or otherwise reduce the Software contained in the SDK to a human-perceivable form.

4. Ownership. ATI or its licensors owns all right title and interest in and to the SDK.

5. No Support. ATI is under no obligation to provide any kind of technical, development or end-user support for the SDK or any Extensions made from or by reference to the SDK.

6. 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 SDK SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SDK 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. SHOULD THE CONTENTS OF THE SDK PROVE DEFECTIVE, YOU 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.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, WILL 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 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.

8. Termination. This Agreement is effective until terminated. Licensee can terminate this Agreement at any time by destroying the SDK, and all copies in its possession. This Agreement will terminate immediately without notice from ATI if you fail to comply with any provision of this Agreement. Upon termination you must destroy the SDK, related documentation and all copies you have made.

9. 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 Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.

10. Controlling Law and Severability. This Agreement is governed by and construed under the laws of the province of Ontario, Canada without reference to its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

11. Complete Agreement. This Agreement constitutes the entire agreement between Liensee and ATI with respect to the SDK, and supersedes all prior understandings or agreements, whether written or oral. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of ATI. If you will be using the SDK in the course of your employment, then you represent and warrant to ATI that you have the legal capacity to bind your employer and intend to do so by proceeding under these terms.