1 SOFTWARE LICENSE AGREEMENT
2
3 The accompanying software in binary code form (“Software”), is licensed to you,
4 or, if you are accepting on behalf of an entity, the entity and its affiliates
5 exercising rights hereunder (“Licensee”) subject to the terms of this software
6 license agreement (“Agreement”), unless Licensee and Broadcom Corporation
7 (“Broadcom”) execute a separate written software license agreement governing
8 use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE
9 CONSTITUTES LICENSEE’S ACCEPTANCE OF THIS AGREEMENT.
10
11 1. License. Subject to the terms and conditions of this Agreement,
12 Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable,
13 royalty-free license: (i) to use and integrate the Software with any other
14 software; and (ii) to reproduce and distribute the Software complete,
15 unmodified, and as provided by Broadcom, solely for use with Broadcom
16 proprietary integrated circuit product(s) sold by Broadcom with which the
17 Software was designed to be used, or their successors.
18
19 2. Restrictions. Licensee shall distribute Software with a copy of this
20 Agreement. Licensee shall not remove, efface or obscure any copyright or
21 trademark notices from the Software. Reproductions of the Broadcom copyright
22 notice shall be included with each copy of the Software, except where such
23 Software is embedded in a manner not readily accessible to the end user.
24 Licensee shall not: (i) use, license, sell or otherwise distribute the Software
25 except as provided in this Agreement; (ii) attempt to modify in any way,
26 reverse engineer, decompile or disassemble any portion of the Software; or
27 (iii) use the Software or other material in violation of any applicable law or
28 regulation, including but not limited to any regulatory agency. This Agreement
29 shall automatically terminate upon Licensee’s failure to comply with any of the
30 terms of this Agreement. In such event, Licensee will destroy all copies of the
31 Software and its component parts.
32
33 3. Ownership. The Software is licensed and not sold. Title to and
34 ownership of the Software, including all intellectual property rights thereto,
35 and any portion thereof remain with Broadcom or its licensors. Licensee hereby
36 covenants that it will not assert any claim that the Software created by or for
37 Broadcom infringe any intellectual property right owned or controlled by
38 Licensee.
39
40 4. Disclaimer. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM PROVIDES AND
41 GRANTS AND LICENSEE RECEIVES NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS
42 OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE.
43 BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
44 FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR
45 ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE
46 ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL
47 OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE
48 RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR
49 RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM
50 OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
51 INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY
52 OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
53 OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION
54 OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS,
55 EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
56 LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
57 LIMITED REMEDY.
58
59 5. Export Laws. LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS
60 SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND
61 REGULATIONS AND THAT LICENSEE MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE
62 SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE
63 LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT, OR TRANSFER OF THE
64 SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA IS PROHIBITED.
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