linux-firmware: Simplified license file for brcm firmware
New, much shorter license for firmware files submitted by Broadcom to linux-firmware repository. Signed-off-by: Henry Ptasinski <henryp@broadcom.com> Signed-off-by: David Woodhouse <David.Woodhouse@intel.com>
This commit is contained in:
Henry Ptasinski
David Woodhouse
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9c99d02773
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SOFTWARE LICENSE AGREEMENT
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Unless you and Broadcom Corporation (“Broadcom”) execute a separate written
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software license agreement governing use of the accompanying software, this
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software is licensed to you under the terms of this Software License Agreement
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(“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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ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES YOUR
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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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1. DEFINITIONS.
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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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1.1. “Broadcom Product” means any of the proprietary integrated circuit
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product(s) sold by Broadcom with which the Software was designed to be used, or
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their successors.
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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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1.2. “Licensee” means you or if you are accepting on behalf of an entity
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then the entity and its affiliates exercising rights under, and complying with
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all of the terms of this Agreement.
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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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1.3. “Software” shall mean that software made available by Broadcom to
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Licensee in binary code form with this Agreement.
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2. LICENSE GRANT; OWNERSHIP
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2.1. License Grants. Subject to the terms and conditions of this Agreement,
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Broadcom hereby grants to Licensee a non-exclusive, non-transferable,
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royalty-free license (i) to use and integrate the Software in conjunction with
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any other software; and (ii) to reproduce and distribute the Software complete,
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unmodified and as provided by Broadcom, and only for use with a Broadcom
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Product.
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2.2. Restriction on Modification. Licensee may not make any modifications
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to the Software.
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2.3. Restriction on Distribution. Licensee shall only distribute the
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Software under the terms of this Agreement and a copy of this Agreement
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accompanies such distribution.
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2.4. Proprietary Notices. Licensee shall not remove, efface or obscure any
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copyright or trademark notices from the Software. Licensee shall include
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reproductions of the Broadcom copyright notice with each copy of the Software,
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except where such Software is embedded in a manner not readily accessible to
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the end user. Licensee acknowledges that any symbols, trademarks, tradenames,
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and service marks adopted by Broadcom to identify the Software belong to
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Broadcom and that Licensee shall have no rights therein.
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2.5. Ownership. Broadcom shall retain all right, title and interest,
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including all intellectual property rights, in and to the Software. Licensee
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hereby covenants that it will not assert any claim that the Software created by
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or for Broadcom infringe any intellectual property right owned or controlled by
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Licensee; provided however, the foregoing shall not apply in case the Agreement
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is terminated.
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2.6. No Other Rights Granted; Restrictions. Apart from the license rights
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expressly set forth in this Agreement, Broadcom does not grant and Licensee
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does not receive any ownership right, title or interest nor any security
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interest or other interest in any intellectual property rights relating to the
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Software, nor in any copy of any part of the foregoing. No license is granted
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to Licensee in any human readable code of the Software (source code). Licensee
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shall not (i) use, license, sell or otherwise distribute the Software except as
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provided in this Agreement, (ii) attempt to modify in any way, reverse
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engineer, decompile or disassemble any portion of the Software; or (iii) use
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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, such as FCC,
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rules.
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3. NO WARRANTY OR SUPPORT
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3.1. No Warranty. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM GRANTS AND
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LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE,
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COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. BROADCOM SPECIFICALLY
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DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC
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PURPOSE OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR ANY UPGRADES TO OR
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DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, BROADCOM
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GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT
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INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM
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INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR RELIABILITY.
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3.2. No Support. Nothing in this agreement shall obligate Broadcom to
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provide any support for the Software. Broadcom may, but shall be under no
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obligation to, correct any defects in the Software and/or provide updates to
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licensees of the Software. Licensee shall make reasonable efforts to promptly
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report to Broadcom any defects it finds in the Software, as an aid to creating
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improved revisions of the Software.
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3.3. Dangerous Applications. The Software is not designed, intended, or
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certified for use in components of systems intended for the operation of
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weapons, weapons systems, nuclear installations, means of mass transportation,
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aviation, life-support computers or equipment (including resuscitation
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equipment and surgical implants), pollution control, hazardous substances
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management, or for any other dangerous application in which the failure of the
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Software could create a situation where personal injury or death may occur.
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Licensee understands that use of the Software in such applications is fully at
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the risk of Licensee.
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4. TERM AND TERMINATION
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4.1. Termination. This Agreement will automatically terminate if Licensee
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fails to comply with any of the terms and conditions hereof. In such event,
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Licensee must destroy all copies of the Software and all of its component
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parts.
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4.2. Effect Of Termination. Upon any termination of this Agreement, the
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rights and licenses granted to Licensee under this Agreement shall immediately
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terminate.
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4.3. Survival. The rights and obligations under this Agreement which by
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their nature should survive termination will remain in effect after expiration
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or termination of this Agreement.
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5. CONFIDENTIALITY
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5.1. Obligations. Licensee acknowledges and agrees that any documentation
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relating to the Software, and any other information (if such other information
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is identified as confidential or should be recognized as confidential under the
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circumstances) provided to Licensee by Broadcom hereunder (collectively,
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“Confidential Information”) constitute the confidential and proprietary
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information of Broadcom, and that Licensee’s protection thereof is an essential
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condition to Licensee’s use and possession of the Software. Licensee shall
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retain all Confidential Information in strict confidence and not disclose it to
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any third party or use it in any way except under a written agreement with
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terms and conditions at least as protective as the terms of this Section.
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Licensee will exercise at least the same amount of diligence in preserving the
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secrecy of the Confidential Information as it uses in preserving the secrecy of
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its own most valuable confidential information, but in no event less than
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reasonable diligence. Information shall not be considered Confidential
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Information if and to the extent that it: (i) was in the public domain at the
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time it was disclosed or has entered the public domain through no fault of
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Licensee; (ii) was known to Licensee, without restriction, at the time of
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disclosure as proven by the files of Licensee in existence at the time of
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disclosure; or (iii) becomes known to Licensee, without restriction, from a
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source other than Broadcom without breach of this Agreement by Licensee and
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otherwise not in violation of Broadcom’s rights.
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5.2. Return of Confidential Information. Notwithstanding the foregoing, all
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documents and other tangible objects containing or representing Broadcom
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Confidential Information and all copies thereof which are in the possession of
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Licensee shall be and remain the property of Broadcom, and shall be promptly
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returned to Broadcom upon written request by Broadcom or upon termination of
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this Agreement.
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6. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
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EVENT SHALL BROADCOM OR ANY OF BROADCOM’S LICENSORS HAVE ANY LIABILITY FOR ANY
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INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
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NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT
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LIMITED TO LOSS OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BROADCOM’S LIABILITY WHETHER IN
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CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY
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LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY
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NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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7. MISCELLANEOUS
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7.1. Export Regulations. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS
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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 YOU MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE SOFTWARE OR
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ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE LAWS.
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WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT OR TRANSFER OF THE SOFTWARE
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TO CUBA, IRAN, NORTH KOREA, SUDAN AND SYRIA IS PROHIBITED.
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7.2 Assignment. This Agreement shall be binding upon and inure to the
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benefit of the parties and their respective successors and assigns, provided,
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however that Licensee may not assign this Agreement or any rights or obligation
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hereunder, directly or indirectly, by operation of law or otherwise, without
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the prior written consent of Broadcom, and any such attempted assignment shall
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be void. Notwithstanding the foregoing, Licensee may assign this Agreement to
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a successor to all or substantially all of its business or assets to which this
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Agreement relates that is not a competitor of Broadcom.
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7.3. Governing Law; Venue. This Agreement shall be governed by the laws of
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California without regard to any conflict-of-laws rules, and the United Nations
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Convention on Contracts for the International Sale of Goods is hereby excluded.
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The sole jurisdiction and venue for actions related to the subject matter
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hereof shall be the state and federal courts located in the County of Orange,
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California, and both parties hereby consent to such jurisdiction and venue.
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7.4. Severability. All terms and provisions of this Agreement shall, if
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possible, be construed in a manner which makes them valid, but in the event any
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term or provision of this Agreement is found by a court of competent
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jurisdiction to be illegal or unenforceable, the validity or enforceability of
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the remainder of this Agreement shall not be affected if the illegal or
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unenforceable provision does not materially affect the intent of this
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Agreement. If the illegal or unenforceable provision materially affects the
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intent of the parties to this Agreement, this Agreement shall become
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terminated.
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7.5. Equitable Relief. Licensee hereby acknowledges that its breach of this
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Agreement would cause irreparable harm and significant injury to Broadcom that
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may be difficult to ascertain and that a remedy at law would be inadequate.
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Accordingly, Licensee agrees that Broadcom shall have the right to seek and
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obtain immediate injunctive relief to enforce obligations under the Agreement
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in addition to any other rights and remedies it may have.
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7.6. Waiver. The waiver of, or failure to enforce, any breach or default
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hereunder shall not constitute the waiver of any other or subsequent breach or
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default.
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7.7. Entire Agreement. This Agreement sets forth the entire Agreement
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between the parties and supersedes any and all prior proposals, agreements and
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representations between them, whether written or oral concerning the Software.
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This Agreement may be changed only by mutual agreement of the parties in
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writing.
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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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