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- SOFTWARE LICENSE AGREEMENT
-
- The accompanying software in binary code form (“Software”), is licensed to you,
- or, if you are accepting on behalf of an entity, the entity and its affiliates
- exercising rights hereunder (“Licensee”) subject to the terms of this software
- license agreement (“Agreement”), unless Licensee and Broadcom Corporation
- (“Broadcom”) execute a separate written software license agreement governing
- use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE
- CONSTITUTES LICENSEE’S ACCEPTANCE OF THIS AGREEMENT.
-
- 1. License. Subject to the terms and conditions of this Agreement,
- Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable,
- royalty-free license: (i) to use and integrate the Software with any other
- software; and (ii) to reproduce and distribute the Software complete,
- unmodified, and as provided by Broadcom, solely for use with Broadcom
- proprietary integrated circuit product(s) sold by Broadcom with which the
- Software was designed to be used, or their successors.
-
- 2. Restrictions. Licensee shall distribute Software with a copy of this
- Agreement. Licensee shall not remove, efface or obscure any copyright or
- trademark notices from the Software. Reproductions of the Broadcom copyright
- notice shall be included with each copy of the Software, except where such
- Software is embedded in a manner not readily accessible to the end user.
- Licensee shall not: (i) use, license, sell or otherwise distribute the Software
- except as provided in this Agreement; (ii) attempt to modify in any way,
- reverse engineer, decompile or disassemble any portion of the Software; or
- (iii) use the Software or other material in violation of any applicable law or
- regulation, including but not limited to any regulatory agency. This Agreement
- shall automatically terminate upon Licensee’s failure to comply with any of the
- terms of this Agreement. In such event, Licensee will destroy all copies of the
- Software and its component parts.
-
- 3. Ownership. The Software is licensed and not sold. Title to and
- ownership of the Software, including all intellectual property rights thereto,
- and any portion thereof remain with Broadcom or its licensors. Licensee hereby
- covenants that it will not assert any claim that the Software created by or for
- Broadcom infringe any intellectual property right owned or controlled by
- Licensee.
-
- 4. Disclaimer. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM PROVIDES AND
- GRANTS AND LICENSEE RECEIVES NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS
- OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE.
- BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
- FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR
- ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE
- ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL
- OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE
- RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR
- RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM
- OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
- INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY
- OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
- OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION
- OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS,
- EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
- LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
- LIMITED REMEDY.
-
- 5. Export Laws. LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS
- SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND
- REGULATIONS AND THAT LICENSEE MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE
- SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE
- LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT, OR TRANSFER OF THE
- SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA IS PROHIBITED.
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