ADVANCED MICRO DEVICES, INC. TRADEMARK AND LOGO USAGE AGREEMENT (Executable for the purposes of using the mark on third party PRODUCT packaging) Advanced Micro Devices, Inc. ("AMD") grants you ("Licensee") limited permission to use the trademarks ("AMD Trademarks") or AMD logos and/or images ("AMD Logos") provided herein solely in connection with the advertising, marketing, promotion and sale of Licensee products including an AMD CPU, GPU or APU (each an “AMD processor”) and in accordance with the terms and conditions provided below. If Licensee would like to use the AMD Trademarks and AMD Graphics in connection with the advertising, marketing, promotion and sale of Licensee products including an AMD processor, and on Licensee product packaging, an authorized signatory of Licensee must execute this Trademark and Logos Usage Agreement (the “Agreement”) and send a completed, signed copy by e‐mail to amd.trademarks@amd.com. AMD will send its acceptance of this Agreement to Licensee at the address provided below. Licensee Contact Information (Please complete): Company Name: Company Address: Signatory Name: Signatory Title: Contact’s E‐Mail: Contact’s Telephone: Contact’s Fax: I. Trademarks 1. Licensee shall use the AMD Trademarks only in the manner specified by AMD in the following AMD Brand and AMD Product Logo Guidelines (individually or collectively “AMD Trademark Usage Guidelines”) provided by AMD. The AMD Trademark Usage Guidelines may be modified by AMD from time to time and it is Licensee’s obligation to ensure it is in possession of the latest, updated version. 2. Licensee shall comply with the following terms and conditions: (a) Licensee shall use the AMD Trademarks solely in connection with the promoting the corresponding AMD products and not for promoting any other goods and/or services. (b) Licensee's company name, logo or product name shall appear on any products or related materials where an AMD Trademark is used. (c) Licensee shall not combine the AMD Trademarks with any other trademark, trade name, other logo, words, graphics, photos, slogans, numbers, design features, or symbols. (d) Licensee shall not use the AMD Trademarks in any manner that may disparage AMD, the AMD Trademarks or impair the validity, scope, title or goodwill of AMD in the AMD Trademarks. (e) In each publication or other item produced or caused to be produced by Licensee that includes any AMD Trademark, Licensee agrees to provide a specific trademark attribution as indicated by AMD (e.g. ™ or SM) and acknowledgment of AMD as the owner of the trademark(s) used. Such acknowledgement shall be in a font size customarily used and at least as large as other trademark attribution. 3. Licensee agrees to maintain a standard of quality comparable with the current quality of computer products standard in the industry while using the AMD Trademarks. Quality standards in connection with the use of the AMD Trademarks with Licensee computer products including AMD processors shall be at least equal to those used by Licensee for comparable Licensee computer products that do not include AMD products. 4. Licensee shall supply AMD, for AMD's written approval (which shall not be unreasonably withheld), representative specimens of products and marketing, advertising, promotion, and sales materials bearing an AMD Trademark at least ten (10) business days prior to use of said products or materials. AMD will respond within five (5) business days of receipt of said product or materials, but failure to respond will be deemed approval. Following approval, Licensee shall only be required to submit for approval, additional samples that substantially differ from those previously approved. 5. Licensee acknowledges the great value of the goodwill associated with the AMD Trademarks and further acknowledges that AMD is the sole and exclusive owner of the AMD Trademarks and the goodwill associated therewith. Licensee agrees that it will not, either during or after the term of this Agreement, contest, attack or dispute, or assist another party in contesting, attacking or disputing AMD's title or rights in the AMD Trademarks. 6. Licensee shall defend, indemnify and hold AMD harmless from and against any claims, lawsuits, judgments, losses, damages, costs and attorney's fees at all levels of proceedings arising from (a) any breach of this Agreement; or (b) an unauthorized or negligent use by Licensee of AMD's Trademarks or the trademarks of a third party. 7. Licensee shall immediately inform AMD of any unauthorized use of the AMD Trademarks that comes to the attention of Licensee. AMD shall have the right, but not the obligation, to take action against any unauthorized user. II. AMD Logos 1. Licensee shall comply with the following terms and conditions: (a) Licensee shall use the AMD Logos solely in connection with the corresponding AMD products and not for any other goods and/or services. (b) Licensee shall not use the AMD Logos in any manner that may disparage AMD, the AMD Logos or impair the validity, scope, title or goodwill of AMD in the AMD Logos. (c) In each publication or other item produced or caused to be produced by Licensee that includes any AMD Logos, Licensee agrees to provide a specific attribution that acknowledges AMD as the owner of the AMD Trademarks and Logos used. Such acknowledgement shall be in a font size customarily used and at least as large as other trademark attribution. III. Use of Trademarks Licensee acknowledges that use of the AMD Trademarks and/or AMD Logos in no way implies sponsorship or certification by AMD of Licensee's company, products and/or services. Licensee shall not use the AMD Trademarks and/or AMD Logos in any manner that implies AMD's sponsorship or certification of Licensee's company, products and/or services. IV. Indemnification Licensee acknowledges that the AMD Trademarks and AMD Logos shall not be modified to infringe the copyright, trademark or common law rights of any person or entity; and that nothing contained in material produced by the Licensee that incorporates the AMD Trademarks or the AMD Logos will constitute a libel or slander against, or violate or infringe upon any right, common law or otherwise, of any kind or nature whatsoever, of any person or entity, including, without limitation, any right of privacy or publicity. LICENSEE AGREES 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 LICENSEE'S BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE’S PRODUCTS OR OTHER IMPROPER USE OF THE AMD TRADEMARKS OR AMD LOGOS. V. Warranty Disclaimer ALL MATERIALS PROVIDED BY AMD, INCLUDING THE AMD TRADEMARKS AND THE AMD LOGOS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AMD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO MATERIALS, INCLUDING ALL WARRANTIES, IMPLIED OR EXPRESS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‐INFRINGEMENT. IN NO EVENT SHALL AMD BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT RELATED ACTION, ARISING OUT OF, OR IN CONNECTION WITH, OR IN CONTEMPLATION OF THE USE OR PERFORMANCE OF MATERIALS PROVIDED FROM THIS SERVER, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VI. Termination 1. Licensee's failure to comply with the terms and conditions of this Agreement shall result in an immediate termination of this Agreement. 2. AMD reserves the right to withdraw permission to use the AMD Trademarks and/or the AMD Logos, in its sole discretion. 3. Upon the expiration or termination of this Agreement, the rights and licenses granted hereby to Licensee shall immediately terminate and Licensee shall immediately cease to use the AMD Trademarks and/or AMD Logos. VII. Other 1. Any claim arising under or relating to this Agreement shall be governed by and construed in accordance with, the substantive laws of the State of Texas, without regard to principles of conflict of laws. Each party hereto submits to the jurisdiction of the State and Federal courts of Travis County and the Western District of Texas for the purposes of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection that it may have to contest such forum 2. 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. 3. 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. 4. This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral agreements with respect to the subject matter of this Agreement. 5. For purposes of this Agreement, delivery of an executed counterpart of this Agreement by electronic means, including, without limitation, by facsimile transmission or by electronic delivery in portable document format (".pdf"), shall be equally effective as delivery of a manually executed counterpart hereof. If you have any questions regarding the terms and conditions of this Agreement, please e‐mail the AMD Law Department at amd.trademarks@amd.com. If you agree to abide by the terms and conditions of this Agreement, please send a copy of the signed agreement via e‐mail to amd.trademarks@amd.com. AMD will send its acceptance of this Agreement to Licensee at the Licensee’s e‐mail, fax or address provided above. LICENSEE Company Name: Signature: Signatory Name: Signatory Title: Date Signed: