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
+The accompanying software in binary code form (“Software”), is licensed to you,
+or, if you are accepting on behalf of an entity, the entity and its affiliates
+exercising rights hereunder (“Licensee”) subject to the terms of this software
+license agreement (“Agreement”), unless Licensee and Broadcom Corporation
+(“Broadcom”) execute a separate written software license agreement governing
+use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE
+CONSTITUTES LICENSEE’S ACCEPTANCE OF THIS AGREEMENT.
+
+1. License. Subject to the terms and conditions of this Agreement,
+Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable,
+royalty-free license: (i) to use and integrate the Software with any other
+software; and (ii) to reproduce and distribute the Software complete,
+unmodified, and as provided by Broadcom, solely for use with Broadcom
+proprietary integrated circuit product(s) sold by Broadcom with which the
+Software was designed to be used, or their successors.
+
+2. Restrictions. Licensee shall distribute Software with a copy of this
+Agreement. Licensee shall not remove, efface or obscure any copyright or
+trademark notices from the Software. Reproductions of the Broadcom copyright
+notice shall be included with each copy of the Software, except where such
+Software is embedded in a manner not readily accessible to the end user.
+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. This Agreement
+shall automatically terminate upon Licensee’s failure to comply with any of the
+terms of this Agreement. In such event, Licensee will destroy all copies of the
+Software and its component parts.
+
+3. Ownership. The Software is licensed and not sold. Title to and
+ownership of the Software, including all intellectual property rights thereto,
+and any portion thereof remain with Broadcom or its licensors. 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.
+
+4. Disclaimer. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM PROVIDES AND
+GRANTS AND LICENSEE RECEIVES NO SUPPORT AND 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM
+OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, 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 OR USE, REPRODUCTION, OR DISTRIBUTION
+OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS,
+EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
+LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
+LIMITED REMEDY.
+
+5. Export Laws. LICENSEE UNDERSTANDS AND AGREES 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.
+REGULATIONS AND THAT LICENSEE 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.
projects / linux-firmware / commitdiff