commit: 705018b8422bad76cf4614dcad90060baac452c3 Author: Thomas Deutschmann <whissi <AT> gentoo <DOT> org> AuthorDate: Fri Aug 12 19:27:58 2016 +0000 Commit: Thomas Deutschmann <whissi <AT> gentoo <DOT> org> CommitDate: Fri Aug 12 19:33:14 2016 +0000 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=705018b8
licenses: Add Avago Technologies (Avago) License Agreement Source: 1. Make sure you are using incognito mode of your browser because the license will only be shown once. 2. Go to Avago Tech website  and search for "storcli". 3. Expand "Management Software and Tools" and click download button.  http://www.avagotech.com/support/download-search?dnd-keyword=storcli licenses/Avago | 662 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 662 insertions(+) diff --git a/licenses/Avago b/licenses/Avago new file mode 100644 index 0000000..f14dd3d --- /dev/null +++ b/licenses/Avago @@ -0,0 +1,662 @@ +IMPORTANT - READ CAREFULLY: This Software License Agreement ("Agreement") +is a legal agreement between Licensee (either an individual or a single +entity), (“Licensee”) and Avago Technologies General IP (Singapore) Pte. +Ltd., ("Broadcom") for the Licensed Code, (hereinafter defined). + +By installing, copying, or otherwise using the Licensed Code (hereinafter +defined), Licensee agrees to be bound by the terms of this Agreement. If +Licensee does not agree to the terms of this Agreement, Licensee may not +install, copy or use the Licensed Code. The Licensed Code is licensed, not +sold. + +NOW THEREFORE, in consideration of the foregoing and the mutual promises +and covenants contained in this Agreement the parties hereby agree as +follows: + +1. Definitions + +1.1. "Authorized Use for Source Code" means use of the Source Code solely + for the purpose of internally developing, modifying, integrating and + testing Licensee's Products to interface with Broadcom Devices + authorized for such integration, and for no other use or purpose. + +1.2. "Authorized Use for Binary Code" means use of the Binary Code solely + for the purpose of internal evaluation or developing, integrating, + testing and use of Licensee's Products to interface with Broadcom + Devices and for no other application, use or purpose. + +1.3. "Authorized Use for Internal Code" means use of the Internal Use Code + solely for the purpose of internally developing, modifying, + integrating and testing Licensee's Products to interface with Broadcom + Devices authorized for such integration, and for no other use or + purpose. + +1.4. "Documentation" means explanatory and informational materials or + documentation concerning the Licensed Code, in printed or electronic + format, including without limitation, manuals, descriptions, user and/ + or installation instructions, diagrams, printouts, listings, + flowcharts, and training materials, contained on visual media such as + paper or photographic film, or on other physical storage media in + machine-readable form. Documentation does not include any code. + +1.5. "Licensed Code" means collectively all the software programs which are + owned or distributed by Broadcom and obtained by Licensee via download + from the Broadcom support web-pages through acceptance of this + Agreement. The Licensed Code is specifically referenced individually + in this Agreement as Source Code, Binary Code, or Internal Use Code. + +1.6. "Licensee Products" means the hardware and software (and related + Licensee documentation) that will be developed or modified by or for + Licensee utilizing the Licensed Code for the purpose of interfacing or + being used with Broadcom Devices. + +1.7. "Updates" means maintenance releases, bug fixes, errata or other + corrections, and minor improvements or modifications to the Licensed + Code which may be provided by Broadcom to Licensee from time to time + at Broadcom's sole discretion. Broadcom is under no obligation to + provide Updates or provide support and maintenance services to + Licensee or Licensee Subsequent Users. + +1.8. "New Version" means significant changes, modifications, enhancements, + and/or functional improvements to the Licensed Code. New Versions are + made and generally distributed solely at the discretion of Broadcom. + Licensee must use the latest New Version of Licensed Code that is + available. Broadcom is under no obligation to port any development + work from one version to the latest New Version of Licensed Code. + +1.9. "Broadcom Devices" means those Broadcom products intended for use with + the Licensed Code and purchased from Broadcom or its agents. + +1.10. "Derivative Works" means: (a) for copyrightable or copyrighted + material, any translation (including translation into other computer + languages), port, modification, correction, addition, extension, + upgrade, improvement, compilation, abridgment or other form in which + an existing work may be recast, transformed or adapted; (b) for + patentable or patented material, any improvement thereon; and (c) for + material which is protected by trade secret, any new material derived + from such existing trade secret material, including new material + which may be protected by copyright, patent and/or trade secret. + +1.11. "Intellectual Property Rights" means (by whatever name or term known + or designated) copyrights, trade secrets, patents, moral rights and + any other intellectual and industrial property and proprietary rights + (excluding trademarks) including registrations, applications, + renewals and extensions of such rights anywhere in the world. + +1.12. "Binary Code" means the software programs provided for distribution + at the Broadcom support web-pages, in binary form, any other machine + readable materials, including, but not limited to, libraries, source + files, header files, and data files, any Updates and New Versions + provided by Broadcom. + +1.13. "Source Code" means the software programs provided for distribution + at the Broadcom support web-pages, in source form including, but not + limited to, libraries, source files, header files, and data files, + and Updates and New Versions provided by Broadcom. + +1.14. "Internal Use Code" means the software programs provided for + distribution at the Broadcom support web-pages, in source code or + object code format including, but not limited to, libraries, source + files, header files, and data files, and Updates and New Versions + provided by Broadcom that are only for Licensee's internal use. + +1.15. "JRE Code" mean Oracle Corporation's JAVA SE Runtime Environment + Code. + +1.16. "Subsequent User" means any user subsequent to Licensee, including + but not limited to, all Licensee customers, resellers, end users, and + OEMs. + +1.17 "Taxes" shall mean all taxes, levies, imposts, duties, fines or other + charges of whatsoever nature however imposed by any country or any + subdivision or authority thereof in any way connected with this + Agreement or any instrument or agreement required hereunder, and all + interest, penalties or similar liabilities with respect thereto, + except such taxes as are imposed on or measured by a party's net + income or property. + + +2. Grant of Rights + +2.1 Binary Code. Subject to the terms of this Agreement, Broadcom grants to + Licensee a non-exclusive, world-wide, revocable (for breach in + accordance with Section 7), non-transferable limited license, without + the right to sublicense except as expressly provided herein, solely to: + +(a) Use the Binary Code and related Documentation solely for the Authorized + Use for Binary Code and only with Broadcom Devices + +(b) Make copies of the Binary Code and related Documentation to support the + Authorized Use for Binary Code and for archival and backup purposes in + support of the Authorized Use for Binary Code only with Broadcom + Devices; + +(c) Distribute the Binary Code as incorporated in Licensee's Products or + for use with Broadcom Devices to its Subsequent Users; + +(d) Distribute the Documentation related to Binary Code only for use with + Broadcom Devices; + +(e) Sublicense the rights provided in paragraphs (a) and (b) above in + accordance with the terms provided in this Agreement to contract + manufacturers ("CMs") and/or original design manufacturers ("ODMs"), + in each case meeting the requirements of Section 3.1(d) below for the + purpose of manufacturing Licensee's Products; and (f) Sublicense the + rights provided in paragraphs (b) and (c) in accordance with the terms + provided in this Agreement to Subsequent Users who are not end users + for the purpose of distributing and supporting Licensee's Product. + +2.2 Source Code. Subject to the terms of this Agreement, Broadcom grants to + Licensee a non-exclusive, worldwide, revocable (for breach in + accordance with Section 7), non-transferable limited license, without + the right to sublicense except as expressly provided herein, solely to: + +(a) Use the Source Code and related Documentation solely for the Authorized + Use for Source Code and only with Broadcom Devices; + +(b) Make copies of the Source Code and related Explanatory Material to + support the Authorized Use for Source Code only and for archival and + backup purposes in support of the Authorized use for Source Code only + with Broadcom Devices; + +(c) Modify and prepare Derivative Works of the Source Code for the + Authorized Use for Source Code and only for use with Broadcom Devices; + +(d) Distribute the binary form only of any authorized Derivative Work of + the Source Code ("Licensee Binary Derivative") and necessary portions + of the related Documentation only for use with Broadcom Devices; and + +(e) Sublicense the rights granted in paragraph (d) above in accordance with + the terms provided in this Agreement to Subsequent Users who are not + end users for the purpose of distributing and supporting Licensee's + Product. + +2.3 Internal Use Code. Subject to the terms of this Agreement, Broadcom + grants to Licensee a non-exclusive, worldwide, revocable (for breach in + accordance with Section 7), non-transferable limited license, without + the right to sublicense or distribute, solely to: + +(a) Use the Internal Use Code and related Documentation solely for the + Authorized Use for Internal Code and only with Broadcom Devices; and + +(b) Make copies of the Internal Use Code and related Documentation to + support the Authorized Use for Internal Code only and for archival and + backup purposes in support of the Authorized use for Internal Code only + with Broadcom Devices. + +2.4 Without limiting Section 4, Licensee may exercise the foregoing rights + directly and/or indirectly through its employees and contractors, who + are bound by terms at least as restrictive as this Agreement. + + +3. License Restrictions + +3.1. Binary Code. The Licenses granted in Section 2.1 for Binary Code and + related Documentation are subject to the following restrictions: + +(a) Licensee shall not use the Binary Code and related Documentation for + any purpose other than as expressly provided in Article 2; + +(b) Licensee shall reproduce all copyright notices and other proprietary + markings or legends contained within or on the Binary Code and related + Documentation on any copies it makes; and + +(c) Licensee shall not distribute or disclose the Binary Code and related + Documentation except pursuant to an agreement with terms at least as + protective of the Binary Code as the terms of this Agreement. Licensee + shall not, and shall not allow its Subsequent Users to, disassemble, + de-compile, or reverse engineer the Binary Code. + +(d) Licensee may grant the sublicense set forth in Section 2.1(e) to its + CMs and ODMs, provided that each such CM and ODM agrees to abide by the + terms and conditions of this Agreement and Licensee shall remain + responsible for any failure by its CMs and ODM to comply with the terms + and conditions of this Agreement. + +3.2. Source Code. The Licenses granted in Section 2.2 for Source Code and + related Documentation are subject to the following restrictions: + +(a) Licensee shall not use the Source Code and related Documentation for + any purpose other than as expressly provided in Article 2; + +(b) Licensee shall reproduce all copyright notices and other proprietary + markings or legends contained within or on the Source Code and related + Documentation on any copies it makes; + +(c) Licensee shall not distribute or disclose any Source Code and related + Documentation to any Subsequent Users or third parties, without the + express written consent of Broadcom; + +(d) Licensee shall not knowingly infringe upon the intellectual property + rights of any third party when making Derivative Works to the Source + Code; + +(e) Licensee shall not disassemble, reverse-engineer, or decompile the + Source Code, except for making authorized Derivative Works; and + +(f) Licensee shall not distribute or disclose the Licensee Binary + Derivative except pursuant to an agreement with terms at least as + protective as those in this Agreement protecting Binary Code. Licensee + shall not, and shall not allow its Subsequent Users to, disassemble, + de-compile, or reverse engineer the Licensee Binary Derivative. + +3.3. Internal Use Code. The Licenses granted in Section 2.3 for Internal + Use Code and related Documentation are subject to the following + restrictions: + +(a) Licensee shall not use the Internal Use Code and related Documentation + for any purpose other than as expressly provided in Article 2; + +(b) Licensee shall reproduce all copyright notices and other proprietary + markings or legends contained within or on the Internal Use Code and + related Documentation on any copies it makes; + +(c) Licensee shall not distribute or disclose any Internal Use Code and + related Documentation to any Subsequent Users or third parties, without + the express written consent of Broadcom; and + +(d) Licensee shall not disassemble, reverse-engineer, or decompile the + Internal Use Code. + +3.4. Derivative Works of Source Code Made by Licensee. Subject to + Broadcom's rights in the underlying Source Code, Licensee shall own + all right, title and interest in and to the Derivative Works (both + binary and source format) it makes from Source Code, provided that + such Derivative Works are not made in breach of this Agreement. + Licensee shall not be required to disclose its Derivative Works of the + Source Code to Broadcom. Broadcom shall have no obligations whatsoever + to support, maintain, contribute to, or provide Updates, New Versions + or any modifications to Licensee Derivative Works of the Source Code + and shall have no liability whatsoever for such Derivative Works. In + the event Licensee requests Broadcom's input regarding Licensee + Derivative Works of Source Code and plans to disclose such Derivative + Works to Broadcom, a separate written agreement shall first be + executed by the parties. + +3.5. Broadcom Derivative Works. Nothing contained herein shall prevent + Broadcom from creating any Derivative Works of its Source Code at any + time. Licensee further agrees that Broadcom may independently create a + Derivative Work similar to or in competition with the Licensee + Derivative Work of the Source Code and may use that Derivative Work + for any purpose. Licensee grants Broadcom a Covenant Not to Sue for + any independently developed Derivative Works created by Broadcom for + its own Source Code that Licensee may believe or claim infringes on + any of Licensee's Intellectual Property Rights relating to the + Licensee Derivative Works of the Source Code. + +3.6. U.S. Government Subsequent Users. All Licensed Code and Documentation + qualify as "commercial items," as that term is defined at + 48 C.F.R. 2.101, consisting of "commercial computer software" and + "commercial computer software documentation" as such terms are used in + 48 C.F.R. 12.212. Consistent with 48 CFR 52.227-19, 48 C.F.R.12.212 + and 48 C.F.R. 227.7202-1 through 227.7202-4, Licensee will provide to + U.S. Government end users such Binary Code with only those rights set + forth herein that apply to non-governmental end users. Use of such + Binary Code constitutes agreement by the government entity that the + computer software and computer software documentation is commercial + and constitutes acceptance of the rights and restrictions herein. + +3.7. No Implied Licenses. Except for the express and limited licenses + granted herein for specific purposes, no rights or licenses are + granted by Broadcom under this Agreement, by implication, inducement, + estoppel or otherwise with respect to any proprietary information or + to any patents, copyrights, trade secrets, trademarks, maskworks or + other Intellectual Property Rights owned or controlled by Broadcom. + Any further licenses must be express, in writing and signed by an + authorized representative of Broadcom. + +3.8. Injunctive Relief. In the event of a breach by Licensee of Section 2 + or 3, Broadcom shall be entitled to applicable injunctive relief and + to all remedies available in equity and law to prevent Licensee from + disassembling, de-compiling, reverse engineering, disclosing or using + the Licensed Code in whole or in part. + +3.9. Licensed Code Containing JRE. Certain Licensed Code may contain JRE. + Use of the JRE is restricted by JRE licensing terms to General Purpose + Desktop Computers and Servers, as defined below. Licensee may seek its + own license for the JRE directly with the owner, if it deems + necessary. "General Purposes Desktop Computers and Servers" under JRE + licensing terms is defined as "computers, including desktop, laptop + and tablet computers, or servers, used for general computing functions + under end user control (such as but not specifically limited to email, + general purpose Internet browsing and office suite productivity + tools)". The full terms and conditions for use of the JRE are + available at: http://www.oracle.com/technetwork/java/javase/terms/license/index.html. + +3.10. Notwithstanding anything to the contrary in this Agreement, to the + extent there is a conflict between this Agreement provisions and any + applicable license to open source technology, the provisions of the + open source license shall take precedence and be followed, but only + to the minimum extent reasonably necessary to comply with the + applicable open source license. + + +4. Confidentiality + +4.1 Licensee agrees to limit access to the Licensed Code and Documentation + to employees and contractors of Licensee (which may include, without + limitation, contractors retained by Licensee to maintain or modify the + Licensed Code and Documentation on behalf of Licensee) having a need to + access or know the Licensed Code and Documentation and who have + executed nondisclosure agreements with Licensee obligating them to + maintain the confidentiality of the Licensed Code and Documentation. + +4.2 Licensee shall hold in confidence the Licensed Code and Documentation + as Broadcom's confidential information ("Confidential Information") and + shall use the Broadcom Code and Documentation only as expressly + provided in Section 2, and protect the confidentiality of such + Confidential Information with the same degree of care as Licensee uses + to protect its own confidential or proprietary information of great + commercial value, but in no event less than reasonable care and for no + less than three (3) years from the date of disclosure. + +4.3 Licensee agrees to notify Broadcom immediately after Licensee becomes + aware of any suspected misuse or unauthorized disclosure of any + Confidential Information. The obligations of confidentiality imposed on + Licensee under this Section 4 shall not apply or shall cease to apply + to any of such Confidential Information that Licensee clearly + establishes: (i) was already rightfully in the possession of Licensee + at the time of disclosure as evidenced by records of Licensee; (ii) is + or becomes publicly available through no act or omission of Licensee; + (iii) is rightfully received by Licensee from a third party without an + obligation of confidentiality; (iv) is independently developed by + Licensee's employees or contractors without use of or access to the + information; or (v) is approved for unrestricted disclosure in writing + by an authorized representative of Broadcom. Broadcom makes no warranty + as to the accuracy of any Confidential Information, which is furnished + "AS IS" with all faults. + + +5. Ownership of Code by Broadcom, Fees, and Taxes + +5.1 Broadcom (or its licensors) reserve all right, title, ownership and + interest in and to the Licensed Code and Documentation existing prior + to and after the Effective Date of this Agreement, or created or + generated by Broadcom (or its licensors) at any time, subject to any + licenses granted. Broadcom (or its licensors) reserves all right, + title, ownership and interest in and to any Derivative Works it creates + at any time to the Licensed Code and Documentation, subject to any + licenses granted. + +5.2 Fees and Taxes. No fees are due in connection with this Agreement + unless separately specified by Broadcom. If any such fees are + separately specified in writing, the following applies: + +5.2.1 Payment is due by Licensee upon download, at time of purchase, or no + later than within thirty (30) days of date of Broadcom invoice + therefore, as designated by Broadcom All payments shall be made in + U.S. currency unless otherwise agreed. If at any time, Licensee is + delinquent in the payment of any invoice, or is otherwise in breach + of this Agreement, Broadcom may, at its discretion, and without + prejudice to its other rights, withhold delivery (including partial + delivery) of any order or may, at its option, require Licensee to + prepay for further deliveries. Any sum not paid by Licensee, when + due, shall bear interest until paid at a rate of 1.5% per month + (18% per annum) or the maximum rate permitted by law, whichever is + less. + +5.2.2 All payments or reimbursements due under this Agreement and any + instrument or agreement required hereunder shall be made free and + clear and without deduction for any and all present and future Taxes. + Payments due to Broadcom under this Agreement and any instrument or + agreement required hereunder shall be increased so that amounts + received by Broadcom, after provisions for Taxes and all Taxes on + such increase, will be equal to the amounts required under this + Agreement and any instrument or agreement required hereunder if no + Taxes were due on such payments. + +5.2.3 The Licensee shall indemnify Broadcom for the full amount of Taxes + attributable to the provision of products or services under this + Agreement, and any liabilities (including penalties, interest and + expenses) arising from such Taxes, within thirty (30) days from any + written demand by Broadcom. The Licensee shall provide evidence that + all applicable Taxes have been paid to the appropriate taxing + authority by delivering to Broadcom receipts or notarized copies + thereof within thirty (30) days after the due date for such tax + payments. + +5.2.4 Without prejudice to the survival of any other Agreement of Licensee + hereunder, the obligations of Licensee contained in this section + shall survive the payment in full of all payments hereunder. + + +6. Support + +(a) Broadcom may provide the following support services for the Licensed + Code to the extent Broadcom deems reasonable: Updates if and when + released and errata in Broadcom's sole discretion. Broadcom shall not + be responsible for any other support or maintenance of Licensed Code to + Licensee or its Subsequent Users, unless otherwise agreed to in + writing. Broadcom is under no obligation to provide support services + and may discontinue support services at any time. Broadcom will not + provide support for modified Licensed Code or Licensee's Derivative + Works of the Source Code. + +(b) Any Updates to the Licensed Code provided by Broadcom (which shall only + be provided by Broadcom in its sole discretion) shall be governed by + the terms of this Agreement. + +(c) If Licensee finds what Licensee considers an error in the Licensed + Code, Licensee will notify Broadcom so that Broadcom can, in its sole + discretion, make corrections to the Licensed Code or to future + revisions of the Licensed Code. + + +7. Term and Termination + +7.1 Term. The term of this Agreement is five (5) years from the Effective + Date, subject to renewal upon mutual agreement of the parties. + +7.2 Termination for Breach. If Licensee breaches any material provision of + this Agreement, Broadcom shall have the right to terminate this + Agreement, including all licenses granted hereunder, in addition to any + and all other remedies available at law or equity, unless Licensee + cures such breach within sixty (60) days ("Cure Period") after + receiving written notice of the breach by Broadcom. Licensee shall make + best efforts to cure the material breach in the least amount of time + possible within the Cure Period. + +7.3 Insolvency. If either party: (a) becomes substantially insolvent; + (b) makes an assignment for the benefit of creditors; (c) files or has + filed against it a petition in bankruptcy or seeking reorganization; + (d) has a receiver appointed; or (e) institutes any proceedings for + liquidation or winding up or have such proceedings instituted against + it; then the other party may, in addition to other rights and remedies + it may have, terminate this Agreement immediately by written notice. + +7.4 Consequences. Upon termination or expiration of this Agreement for any + reason whatsoever, the licenses, rights, and covenants granted + hereunder and any obligations imposed hereunder shall cease except as + otherwise expressly set forth herein as surviving termination or + expiration. + +7.5 Return of Confidential Information. Upon expiration or termination of + this Agreement for any reason or upon written request by Broadcom, + Licensee agrees to promptly return to Broadcom or, at Broadcom's + request, destroy and certify by an officer of Licensee in writing the + destruction of, all Broadcom Confidential Information furnished to + Licensee, including all Licensed Code and Documentation. + +7.6 Survival of Licenses. Any Licensed Code and Documentation distributed + by Licensee prior to the effective date of any termination, expiration, + breach, or cancellation of this Agreement, shall remain licensed + (including any Licensed Code in inventory, manufactured in, or work in + progress with Licensee products) under the terms of this Agreement. + Licensee may retain an archival copy of portions of the Broadcom + Confidential Information, including Licensed Code and Documentation, + necessary for Licensee to provide ongoing technical support to + Subsequent Users using the Licensed Code ("Archival Materials") after + termination, expiration or cancellation of this Agreement. Such + Archival Materials may not be used for any other purpose without the + written consent from Broadcom. Licensee shall keep such Archival + Materials confidential for an additional five (5) years from the date + of termination, expiration, or cancellation of this Agreement, + regardless of when the Broadcom Confidential Information was disclosed. + +7.7 Survival. In the event of expiration or termination of this Agreement + for any reason, the following sections of this Agreement shall survive: + 1, 3, 4, 5, 7, 8, 9, and 10. Termination will not prejudice either + party to require performance of any obligation due at the time of + termination. All end user licenses in effect and in compliance with the + Agreement prior to effective termination or expiration shall survive + and continue in full force and effect in accordance with their terms + and Licensee may continue to perform its obligations thereunder, + including support obligations. + + +8. Disclaimer of All Warranties + +8.1 THE PARTIES AGREE THAT BROADCOM FURNISHES THE LICENSED CODE AND + DOCUMENTATION TO LICENSEE "AS IS", UNSUPPORTED, WITHOUT WARRANTY OF ANY + KIND. BROADCOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING + THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR + PURPOSE AND NON-INFRINGEMENT, INCLUDING ANY THAT MAY ARISE FROM A + COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. BROADCOM + SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY, OR + NONCONFORMITY IN THE LICENSED CODE OR DOCUMENTATION. BROADCOM MAKES NO + WARRANTY OR REPRESENTATION THAT THE LICENSED CODE OR DOCUMENTATION WILL + MEET LICENSEE'S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY + HARDWARE OR SOFTWARE APPLICATION. + +8.2 BROADCOM DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE'S + USE OF THE LICENSED CODE IN ANY MEDICAL, NUCLEAR, AVIATION, NAVIGATION, + MILITARY, OR OTHER HIGH RISK DEVICE OR APPLICATION. LICENSEE REPRESENTS + AND WARRANTS THAT IT WILL NOT USE THE LICENSED CODE IN ANY MEDICAL, + NUCLEAR, AVIATION, NAVIGATION, MILITARY, OR OTHER HIGH RISK DEVICE OR + APPLICATION. LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD BROADCOM + HARMLESS AGAINST ANY LOSS, LIABILITY, OR DAMAGE OF ANY KIND THAT + BROADCOM INCURS IN CONNECTION WITH BREACH OF THE WARRANTY IN THIS + SECTION 8.2. + +8.3 BROADCOM DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE'S + CREATION AND USE OF DERIVATIVE WORKS OF THE SOURCE CODE. LICENSEE SHALL + INDEMNIFY, DEFEND, AND HOLD BROADCOM HARMLESS AGAINST ANY LOSS, + LIABILITY, OR DAMAGE OF ANY KIND THAT BROADCOM INCURS IN CONNECTION + WITH LICENSEE'S DERIVATIVE WORKS OF SOURCE CODE. + + +9. Limitation of Liability + +IN NO EVENT SHALL BROADCOM, ITS EMPLOYEES, AFFILIATES OR SUPPLIERS BE +LIABLE FOR ANY LOST PROFITS, REVENUE, SALES OR DATA OR COSTS OF PROCUREMENT +OF SUBSTITUTE GOODS OR SERVICES, INTERRUPTION, LOSS OF BUSINESS INFORMATION +OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC OR +PUNITIVE DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT, +STRICT LIABILITY, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF +THE USE OR INABILITY TO USE THE LICENSED CODE OR DOCUMENTATION, EVEN IF +BROADCOM OR ITS EMPLOYEES, SUPPLIERS OR AFFILIATES ARE ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE APPLICABLE JURISDICTION +DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT DOES ALLOW +LIABILITY TO BE LIMITED, THE LIABILITY OF BROADCOM, ITS EMPLOYEES, +AFFILIATES, OR SUPPLIERS IN SUCH CASES, SHALL BE LIMITED TO +$100 US DOLLARS. + + +10. General + +10.1 Assignment. Licensee shall not assign this Agreement or any of its + rights or delegate any of its duties under this Agreement without the + prior written consent of Broadcom. Subject to the foregoing, this + Agreement will be binding upon, enforceable by, and inure to the + benefit of the parties and their respective successors and assigns. + Any attempted assignment in violation of this Section 10.1 shall be + null and void. + +10.2 Governing Law. This Agreement shall be construed and interpreted in + accordance with the law of the State of California without reference + to its conflicts of law principles. + +10.3 Exclusive Jurisdiction. All disputes arising out of or related to this + Agreement will be subject to the exclusive jurisdiction and venue of + the California state courts of Santa Clara County, California in + United States District Court for the Northern District of California, + and the parties consent to the personal and exclusive jurisdiction of + these courts. + +10.4 Export Control. Licensee shall follow all export control laws and + regulations relating to the Licensed Code and Documentation. Licensee + hereby acknowledges responsibility for compliance with all applicable + US and local laws and regulations related to import and export and + acknowledges and agrees that the Licensed Code is subject to the U.S. + Export Administration Regulations. Diversion contrary to U.S. law is + prohibited. Licensee agrees that the Licensed Code is being or will be + acquired for, shipped, transferred, or re-exported, directly or + indirectly, to prohibited or embargoed countries, nor be used for any + prohibited end-use, such as nuclear activities, chemical/biological + weapons, or missile projects, unless expressly authorized by the U.S. + Government. Prohibited countries are set forth in the Supplement 1 to + Part 740 of the U.S. Export Administration Regulations. Countries + currently subject to U.S. embargo include: Cuba, Iran, N. Korea, Sudan + and Syria. This list is subject to change without further notice from + Broadcom and Licensee understands that compliance with the list as it + exists in fact, is required. Licensee assumes sole responsibility for + obtaining any/all licenses required for export or re-export. All ECCN + and CCATS numbers and License Exception information are subject to + change without notice. Modification in any way nullifies the + classification. It is therefore Licensee’s obligation as an exporter + to verify such information and comply with the then currently + applicable regulations. Any data provided by Broadcom is for + informational purposes only. Broadcom makes no representation or + warranty as to the accuracy or reliability of any classifications or + numbers. Any use of such classifications or numbers by Licensee is + without recourse to Broadcom and is at Licensee’s own risk. Broadcom + is in no way responsible for any damages, whether direct, indirect, + consequential, incidental or otherwise, suffered by Licensee as a + result of using or relying upon such classifications or numbers for + any purpose whatsoever. Licensee agrees to consult the EAR, the + Bureau of Industry and Security's Export Counseling Division, and + other appropriate sources before distributing, importing, or using + Broadcom products. Licensee may request software classification + information from Broadcom. If requested, Customer agrees to sign + written assurances and other export-related documents as may be + required by Broadcom. + +10.5 Waiver. No failure or delay on the part of either party in the + exercise of any right or privilege hereunder shall operate as a waiver + thereof or of the exercise of any other right or privilege hereunder, + nor shall any single or partial exercise of any such right or + privilege preclude other or further exercise thereof or of any other + right or privilege. + +10.6 Notice. Any notice or claim provided for herein to Broadcom shall be + in writing and addressed as set forth below, and shall be given (i) by + personal delivery, effective upon delivery, or (ii) by first class + mail, postage prepaid, addressed as set forth below, effective one (1) + business day after proper deposit in the mail to Broadcom, 1320 Ridder + Park Drive, San Jose, California 95131, USA; Attn. Legal Department - + Important Legal Notice. + +10.7 Severability. If any term, condition, or provision of this Agreement, + or portion of this Agreement, is found to be invalid, unlawful or + unenforceable to any extent, the parties will endeavor in good faith + to agree to such amendments that will preserve, as far as possible, + the intentions expressed in this Agreement. Such invalid term, + condition or provision will be severed from the remaining terms, + conditions and provisions, which will continue to be valid and + enforceable to the fullest extent permitted by law. + +10.8 Other Rights. Nothing contained in this Agreement shall be construed + as conferring by implication, estoppel, or otherwise upon either party + or any third party any license or other right except, solely as to the + parties hereto, the rights expressly granted hereunder. + +10.9 Integration; Modification. This Agreement embodies the final, complete + and exclusive statement of the terms agreed upon by the parties with + respect to the subject matter hereof and supersedes any prior or + contemporaneous representations, descriptions, courses of dealing, or + agreements in regard to such subject matter. No amendment or + modification of this Agreement shall be valid or binding upon the + parties unless stated in writing and signed by an authorized + representative of each party. + +10.10 Publicity. All publicity concerning this transaction referring to the + other party shall require the other party's prior written approval + which shall not be unreasonably withheld. + +10.11 Relationship of the Parties. The relationship of the parties hereto + is that of independent contractors. Neither party, nor its agents or + employees, shall be deemed to be the agent, employee, joint venture + partner, partner or fiduciary of the other party. Neither party shall + have the right to bind the other party, transact any business on + behalf of or in the name of the other party, or incur any liability + for or on behalf of the other party.