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