1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
|
WIDCOMM BLUETOOTH SOFTWARE
LICENSE AGREEMENT
This is a legal agreement between you ("Licensee") and Broadcom Corporation.
("BROADCOM"). BY OPENING THE SOFTWARE PACKAGE, CLICKING ON THE "ACCEPT" BUTTON
OF ANY ELECTRONIC VERSION OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") OR
ACCESSING OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE
LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. If you do not agree to the terms of this Agreement, promptly click
on the "Decline" Button and cease all further access to or use of the Software
made available by BROADCOM.
Definitions. For purposes of this Agreement: (i) "BROADCOM Products" means
certain proprietary semiconductor products of BROADCOM incorporated in the
equipment purchased by Licensee; (ii) "Documentation" means any and all written
technical documentation furnished to Licensee during the term of this Agreement
that relates to the Software; and (iii) "Software" means the BROADCOM driver
software made available for download or otherwise provided to Licensee by
BROADCOM or its licensees.
License. Subject to the terms and conditions of this Agreement, BROADCOM grants
to Licensee the non-exclusive, non-transferable, personal, revocable right to
use the Software only in connection with BROADCOM Products, and to make one (1)
copy of the Software for back-up or archival purposes only.
Intellectual Property Restrictions. This Software is protected by U.S. Copyright
Law. This Software is licensed, not sold. Licensee may not use, disclose,
modify, reproduce or distribute the Software except as expressly permitted in
this Agreement. No license is granted to Licensee in any human readable code of
the Software (source code). Licensee shall not decompile, reverse engineer,
modify, or otherwise attempt to derive source code from the Software except to
the extent that these activities may not be prohibited under applicable law.
Additionally, Licensee may not remove, efface or otherwise obscure any
proprietary notices, labels, or marks on the Software or Documentation. Licensee
agrees that each copy of the Software and Documentation will include
reproductions of all proprietary notices, labels or marks included therein.
BROADCOM retains all right, title and interest in and to the Software. ALL
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BROADCOM.
Export Restrictions. Licensee understands that the Software is subject to
restriction under United States and other applicable law and regulation on its
export or diversion, including but not limited to prohibition on export
(including download) to Cuba, Iran, North Korea, Sudan and Syria. By downloading
the Software, you represent that you are not located in or a national of any of
those countries and that you are entitled under U.S. law to download the
Software without need for a license or other governmental approval. Licensee
shall not import, export, re-export or transfer, or authorize the import,
export, re-export or transfer of the Software in violation of any applicable law
or regulation.
Term and Termination. This license will expire fifty (50) years from the date
that Licensee first uses the Software, if it is not earlier terminated. Licensee
may terminate it by destroying the Software and Documentation and all copies
thereof. This license will also terminate if Licensee fails to comply with any
term or condition of this Agreement. Upon termination, Licensee shall destroy
the Software and Documentation and all copies thereof that are in Licensee's
possession or control.
No Support. Nothing in this Agreement shall obligate BROADCOM to provide any
support for the Software including without limitation any obligation to correct
any defects or provide any updates to the Software to Licensee.
No Warranty / Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE
AND ALL DOCUMENTATION AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE
OR DOCUMENTATION ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND BROADCOM MAKES NO
PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES,
INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR
THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BROADCOM SPECIFICALLY
DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR
COMPLETENESS, QUIET ENJOYMENT, QUIET POSSESSION OR CORRESPONDENCE TO
DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE,
DOCUMENTATION OR SUPPORT SERVICES LIES WITH LICENSEE.
Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ITS SUPPLIERS BE LIABLE
FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR LICENSEE'S
USE OF OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES, OR
THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING BUT NOT LIMITED
TO LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS
INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY
(INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS
WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF
BROADCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR
FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED
ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF BROADCOM AND
ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE
REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID FOR THE SOFTWARE ITSELF OR U.S. $1. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Confidentiality. "Confidential Information" means any trade secrets,
confidential data, or other confidential information relating to or used in the
Software. Licensee shall not use or disclose Confidential Information except as
expressly permitted hereunder and shall use all reasonable efforts to protect
the confidentiality thereof. Licensee agrees and acknowledges that the
structure, sequence and organization of the Software are the valuable trade
secrets of BROADCOM, and thus constitute Confidential Information under this
Agreement.
Non-Assignability. Licensee may not sell, transfer, assign or subcontract any
right or obligation set forth in this Agreement without the prior written
consent of BROADCOM. Any act in derogation of the foregoing shall be null and
void.
Government Customers. If any of the rights or licenses granted hereunder are
acquired by or on behalf of a unit or agency of the United States Government,
this Section applies. The Software is a trade secret of BROADCOM for all
purposes of the Freedom of Information Act and is, in all respects, proprietary
data belonging solely to BROADCOM. The Software: (i) was developed at private
expense, is existing computer software, and no part of it was developed with
government funds, (ii) is "restricted computer software" submitted with
restricted rights in accordance with subparagraphs (a) through (d) of the
Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 and
its successors, (iii) is unpublished and all rights are reserved under the
copyright laws of the United States. For units of the Department of Defense
(DoD), the Software is licensed only with "Restricted Rights" as that term is
defined in the DoD Supplement to the Federal Acquisition Regulation ("DFARS"),
252.227-7013(c)(1)(ii), Rights in Technical Data and Computer Software and its
successors, and use, duplication, or disclosure is subject to the restrictions
set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013. The Contractor/manufacturer of the
Software is Broadcom Corporation, 5300 California Avenue, Irvine, CA 92617. If
the Software is acquired under a GSA Schedule, Licensee agrees to refrain from:
(a) changing or removing any insignia or lettering from such software or the
documentation that is provided; (b) producing copies of related manuals or media
(except for backup purposes); and (c) allowing any third party to do that which
is prohibited in this Section.
Miscellaneous. BROADCOM and Licensee are independent contractors. This is the
entire Agreement between the parties relating to the subject matter hereof,
supersedes any and all prior proposals, agreements and representations between
the parties, whether written or oral, and no waiver, modification or amendment
of the Agreement shall be valid unless in writing signed by each party. The
waiver of a breach of any term hereof shall in no way be construed as a waiver
of any other term or breach hereof. If any provision of this Agreement shall be
held by a court of competent jurisdiction to be contrary to law, the remaining
provisions of this Agreement shall remain in full force and effect. This
Agreement is governed by the laws of the State of California without reference
to conflict of laws principles. The parties expressly stipulate that the 1980
United Nations Convention on Contracts for the International Sale of Goods shall
not apply. All disputes arising out of this Agreement shall be subject to the
exclusive jurisdiction of the state and federal courts located in Orange County,
California, and the parties agree and submit to the personal and exclusive
jurisdiction and venue of these courts.
|
