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1 | SOFTWARE LICENSE AGREEMENT |
2 | ||
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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 | |
8ce599d7 | 60 | SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND |
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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. | |
8ce599d7 | 65 |