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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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