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| 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. | ||
| 65 | |||