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 [1] and search for "storcli".

3. Expand "Management Software and Tools" and click download button.

[1] http://www.avagotech.com/support/download-search?dnd-keyword=storcli

1 files changed, 662 insertions, 0 deletions

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+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.