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