path: root/licenses/broadcom_bcm20702

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.