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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 LICENSEES 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 Licensees 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 | + |
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