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