TERMS AND CONDITIONS FOR VME REBATE PROGRAM

These Terms and Conditions for VME Rebate Program (“Agreement”) govern the VME Rebate program (“VME Rebate Program”) offered hereunder. By Participating in the VME Rebate Program, you (“You”) agree to be bound by these terms and conditions of this Agreement. Advanced Micro Devices, Inc., 7171 Southwest Parkway, Austin, TX 78735 (“AMD”), in conjunction with its contractors may provide a VME Rebate to You subject to the terms and conditions of this Agreement.

1. VME Rebate Program. Subject to your compliance with these terms and conditions for the VME Rebate Program (“Agreement”), You may be eligible to receive rebates for Your purchase of certain AMD EPYCTM Processors (“Eligible AMD Products”) and VME Software during the Purchase Window (as specifically identified below), AMD and You are referenced herein each as a “Party,” and together, the “Parties.”
   1. Eligibility. Subject to Your (i) purchase of a platform that incorporates Eligible AMD Products; and (ii) purchase of a license to VME Software, You will be eligible to receive the VME Rebate identified below; provided, that You may not earn more than three (3) VME Rebate(s) under this Agreement.
      1. Eligible AMD Products:
      2. VME Software:
      3. Purchase Window:
      4. VME Rebate Amount:
      5. Termination Date:

   VME REBATE PROGRAM IS VALID ONLY WHILE SUPPLIES LAST. YOU WILL NOT BE ENTITLED TO A VME REBATE AFTER ALL VME REBATE FUNDS HAVE BEEN CLAIMED.

   2. Support Documentation. In order to be eligible to receive a VME Rebate, You must provide AMD with supporting documentation and proof of purchase (“Supporting Documentation”) that describes all of the following information: purchase report identifying purchases of Eligible AMD Products, VME Software License, purchase dates, data showing model numbers, quantities, and other Supporting Documentation to demonstrate that You have purchased Server platform with the Eligible AMD Product and VME Software during the Purchase Window. All Supporting Documentation and VME Rebate claims must be submitted to AMD at least sixty (60) days from the end of the Purchase Window, and any submissions thereafter are null and void.
   3. No Resale of Individual Processors. Rebates hereunder are offered only for Eligible AMD Products integrated into and sold in systems, purchased and consumed by You, and is not available for Eligible AMD Products resold as individual processors. If AMD has reasonable grounds to believe any of these products were resold as individual processors, then you acknowledge and agree that AMD may deny your VME Rebate claim, in AMD’s sole discretion.
   4. Payment. Rebate payments to You shall be paid to You within sixty (60) days of AMD’s (or its agent’s) verification of the Supporting Documentation and claim submitted by You in the VME Rebate Portal.
   5. Additional Exclusions. The VME Rebate Program set forth in this Agreement is open to customers residing in North America, Asia, Africa, Europe, or Australia who are of the age of majority in their country of residence, or at least 18 years of age, whichever is older, as of the start of the Purchase Window. Residents of the People’s Republic of China, Belarus, Burma, Cuba, Iran, North Korea, Russia, Syria, Sudan, and Venezuela are not eligible. Residents of the regions of Crimea, Donetsk, and Luhansk and/or any country and/or region in which distribution of the Rebate is prohibited by law or export restrictions or otherwise, or in which the Applications are not available or in which the Campaign is prohibited, are not eligible. AMD reserves the right to disqualify and/or deny any VME Rebate claim request if AMD determines in its sole discretion that Your participation in the Campaign or receipt of an Application would violate local law or cause damage to the reputation of AMD and/or any other party.
2. Term/Termination. This Agreement is effective on the Effective Date and will continue in force and effect until the earlier of: (a) the Termination Date, (b) to the full extent permitted by the mandatory provisions of the applicable law, AMD reserves the right to terminate this Agreement at any time without prior notice. AMD may declare the VME Consumption Rebate void where it is taxed, regulated, prohibited or restricted/prohibited by applicable law. With respect to any Rebates paid prior to termination of this Agreement, the terms of this Agreement will continue to govern the payment and utilization of all such Rebates.
3. YOU REPRESENT AND WARRANT THAT ALL SUPPORTING DOCUMENTATION, INFORMATION, AND OTHER RECORDS AND REPORTS RELATED TO THIS AGREEMENT THAT YOU PROVIDE TO AMD ARE GENUINE, TRUTHFUL, COMPLETE AND ACCURATE IN ALL RESPECTS.
4. DISCLAIMER OF LIABILITY.
   1. DISCLAIMERS. AMD is not responsible, and youhereby release and indemnifyAMD for:
      1. Invalid, incorrect, or unreachable email addresses or contact information provided by You;
      2. Lost, late, incomplete, invalid, altered, unintelligible or misdirected registration forms or submissions;
      3. Any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that You are prevented from participating in the VME Rebate Program;
      4. Any tax liability, if any, which is the sole responsibility of, and must be paid by, You;
      5. Functionality or accessibility of the website to claim the VME Rebate; /li>
      6. Viruses or malware associated with submitting a claim for the VME Rebate; or
      7. Breaches of any kind, including data breaches, associated with your submitted claim for a VME Rebate. You agrees (as between AMD and You) that the website to claim the VME Rebate is provided as-is without any warranty by AMD, and pursuant to any warranty or documentation.
      8. AMD is not bound by and will not be liable for any statement by any third party in conflict with this Agreement.
      9. The decisions of AMD with respect to any and all aspects of the VME Rebate Program are final and binding.
   2. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AMD NOR ITS SUBSIDIARIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER DAMAGES ARE BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER EITHER PARTY HAS BEEN ADVISED OF THEIR POSSIBILITY. SHOULD EITHER AMD (INCLUDING ITS AUTHORIZED SUBSIDIARIES) DEFAULT IN ITS PERFORMANCE UNDER THIS AGREEMENT, THE DEFAULTING PARTY WILL ONLY BE LIABLE TO THE OTHER FOR ACTUAL DIRECT DAMAGES UP TO TOTAL AMOUNTS DUE AND PAYABLE UNDER THIS AGREEMENT. THESE LIMITATIONS ON LIABILITY SHALL NOT APPLY TO EITHER PARTY’S BREACH OF THE CONFIDENTIALITY REQUIREMENTS OF THIS AGREEMENT, OR ANY LIABILITY UNDER APPLICABLE MANDATORY LAW THAT MAY NOT BE LIMITED. YOU ACKNOWLEDGE AND AGREE THAT AMD’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100.00 FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION HEREIN.
5. PERSONAL INFORMATION.
   1. You acknowledge and understand that all personal information submitted as part of this VME Rebate Program will be collected and processed by Advanced Micro Devices, Inc. and its agents in Canada for the purpose of managing this VME Rebate Program in accordance with Advanced Micro Devices, Inc.’s privacy policy. You can read more about Your rights, how Advanced Micro Devices, Inc. handles Your personal information and how to contract Advanced Micro Devices, Inc. in Your privacy policy, available at https://www.amd.com/en/corporate/privacy.
   2. By participating in VME Rebate Program, You agree that Your personal information may be transferred and stored on servers outside Your country of residence, which may not provide the same level of protection for personal information as in Your own jurisdiction and that it may also be processed by staff operating in the United States who work for AMD or for one of AMD’s third party agents or suppliers for the purposes outlined in this Agreement. You agree to this transferring, storing and/or processing, and acknowledges that AMD is taking reasonably necessary steps to ensure that such information is treated securely and in accordance with AMD’s Privacy Policy. If You have any questions/concerns about the processing of Your personal information, or wishes to exercise Your rights in connection with such personal information, You may contact the AMD Communication Preference Centre at: memberservices@amd-member.com or by post to: AMD Web Services Team, 1 Commerce Valley Dr. East, Markham, ON L3T 7X6, Canada.
   3. Personal information collected includes first name and last name, email address, banking information for VME Rebate delivery, postal address, country, state or province and will be used to: (a) contact You in connection with the Campaign; and (b) if You elect to receive additional information from AMD, to send additional information to You. You have a right of access to, modification and withdrawal of their personal data and the right of opposition to the data collection, under certain circumstances. To exercise such right, You may write to support@amdrewards.com.
   4. AMD will not provide personal information to any third party, except as necessary to: (a) administer the VME Rebate Program and provide your VME Rebate Claim and Supporting Documentation; (b) comply with legal requirements of any governmental authority, (c) protect and defend the rights or property of AMD; and (d) enforce the terms and conditions of this Agreement
   5. FOR INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA (EEA) ONLY: You understand that:
      1. You have the right to withdraw consent to AMD’s use and storage of Your personal information associated with Your personal data at any time, but that such withdrawal will not affect the lawfulness of AMD’s processing (a) which is based on consent before such withdrawal; or (b) that AMD undertakes for its legitimate business interests (such interests include the marketing and promotion of AMD products and/or services);
      2. You have certain rights in respect of the personal information associated with Your personal information which AMD holds about You and that, subject to certain exemptions, You have the right to request access to Your personal information and have it rectified, erased or object to its processing, or to have access to it restricted, as well as the right to data portability;
      3. You may have the right to receive a copy of the personal information which AMD holds about him/her in a machine-readable format or transferred to another entity;
      4. The personal information associated with You will be retained by AMD for so long as is necessary in order to undertake the processing and payment of your VME Rebate Claim, if eligible; and
      5. If You are unhappy with how AMD is processing the personal information associated with Your personal information, You may be entitled to lodge a complaint with a data supervisory authority of an EEA member state.
6. Governing Law/Forum. To the full extent permitted by the mandatory provisions of the applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of the You and AMD in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. To the full extent permitted by the mandatory provisions of the applicable law, any and all disputes, claims and causes of action arising out of or connected with this Campaign or any Coupon Code provided shall be resolved individually, without resort to any form of class action, and exclusively by the applicable court in Travis County in the State of Texas. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to you.
7. Miscellaneous. The failure of either Party to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of such provisions or the right thereafter to enforce each and every provision of this Agreement. You may not assign, by operation of law or otherwise, any of its rights or obligations set forth in this Agreement without the prior written consent of AMD. Any assignment or attempted assignment in contravention of this provision shall be null and void, and without effect. This Agreement and documents incorporated or referenced herein are subject to this Agreement and together, constitute the complete agreement between the Parties, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. The headings used herein are for convenience of reference and are without interpretive significance. This Agreement may be executed in multiple counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving the existence, validity or content of this Agreement. The execution of this Agreement may be effected by exchange of photocopies or electronic reproductions of this Agreement bearing the signature of one or more of the parties hereto. The undersigned represent and warrant that they possess the requisite power to bind the Parties to and carry out the terms of this Agreement.