1 WIDCOMM BLUETOOTH SOFTWARE
3 This is a legal agreement between you ("Licensee") and Broadcom Corporation.
4 ("BROADCOM"). BY OPENING THE SOFTWARE PACKAGE, CLICKING ON THE "ACCEPT" BUTTON
5 OF ANY ELECTRONIC VERSION OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") OR
6 ACCESSING OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE
7 LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
8 CONDITIONS. If you do not agree to the terms of this Agreement, promptly click
9 on the "Decline" Button and cease all further access to or use of the Software
10 made available by BROADCOM.
12 Definitions. For purposes of this Agreement: (i) "BROADCOM Products" means
13 certain proprietary semiconductor products of BROADCOM incorporated in the
14 equipment purchased by Licensee; (ii) "Documentation" means any and all written
15 technical documentation furnished to Licensee during the term of this Agreement
16 that relates to the Software; and (iii) "Software" means the BROADCOM driver
17 software made available for download or otherwise provided to Licensee by
18 BROADCOM or its licensees.
20 License. Subject to the terms and conditions of this Agreement, BROADCOM grants
21 to Licensee the non-exclusive, non-transferable, personal, revocable right to
22 use the Software only in connection with BROADCOM Products, and to make one (1)
23 copy of the Software for back-up or archival purposes only.
25 Intellectual Property Restrictions. This Software is protected by U.S. Copyright
26 Law. This Software is licensed, not sold. Licensee may not use, disclose,
27 modify, reproduce or distribute the Software except as expressly permitted in
28 this Agreement. No license is granted to Licensee in any human readable code of
29 the Software (source code). Licensee shall not decompile, reverse engineer,
30 modify, or otherwise attempt to derive source code from the Software except to
31 the extent that these activities may not be prohibited under applicable law.
32 Additionally, Licensee may not remove, efface or otherwise obscure any
33 proprietary notices, labels, or marks on the Software or Documentation. Licensee
34 agrees that each copy of the Software and Documentation will include
35 reproductions of all proprietary notices, labels or marks included therein.
36 BROADCOM retains all right, title and interest in and to the Software. ALL
37 RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BROADCOM.
39 Export Restrictions. Licensee understands that the Software is subject to
40 restriction under United States and other applicable law and regulation on its
41 export or diversion, including but not limited to prohibition on export
42 (including download) to Cuba, Iran, North Korea, Sudan and Syria. By downloading
43 the Software, you represent that you are not located in or a national of any of
44 those countries and that you are entitled under U.S. law to download the
45 Software without need for a license or other governmental approval. Licensee
46 shall not import, export, re-export or transfer, or authorize the import,
47 export, re-export or transfer of the Software in violation of any applicable law
50 Term and Termination. This license will expire fifty (50) years from the date
51 that Licensee first uses the Software, if it is not earlier terminated. Licensee
52 may terminate it by destroying the Software and Documentation and all copies
53 thereof. This license will also terminate if Licensee fails to comply with any
54 term or condition of this Agreement. Upon termination, Licensee shall destroy
55 the Software and Documentation and all copies thereof that are in Licensee's
56 possession or control.
58 No Support. Nothing in this Agreement shall obligate BROADCOM to provide any
59 support for the Software including without limitation any obligation to correct
60 any defects or provide any updates to the Software to Licensee.
62 No Warranty / Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE
63 AND ALL DOCUMENTATION AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE
64 OR DOCUMENTATION ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND BROADCOM MAKES NO
65 PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR
66 OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES,
67 INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR
68 THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BROADCOM SPECIFICALLY
69 DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY,
70 NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR
71 COMPLETENESS, QUIET ENJOYMENT, QUIET POSSESSION OR CORRESPONDENCE TO
72 DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE,
73 DOCUMENTATION OR SUPPORT SERVICES LIES WITH LICENSEE.
75 Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM
76 EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ITS SUPPLIERS BE LIABLE
77 FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES
78 WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR LICENSEE'S
79 USE OF OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES, OR
80 THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING BUT NOT LIMITED
81 TO LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS
82 INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY
83 (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT
84 OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS
85 WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF
86 BROADCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS
87 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
90 Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR
91 FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED
92 ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF BROADCOM AND
93 ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE
94 REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
95 ACTUALLY PAID FOR THE SOFTWARE ITSELF OR U.S. $1. THE FOREGOING LIMITATIONS,
96 EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
97 APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
99 Confidentiality. "Confidential Information" means any trade secrets,
100 confidential data, or other confidential information relating to or used in the
101 Software. Licensee shall not use or disclose Confidential Information except as
102 expressly permitted hereunder and shall use all reasonable efforts to protect
103 the confidentiality thereof. Licensee agrees and acknowledges that the
104 structure, sequence and organization of the Software are the valuable trade
105 secrets of BROADCOM, and thus constitute Confidential Information under this
108 Non-Assignability. Licensee may not sell, transfer, assign or subcontract any
109 right or obligation set forth in this Agreement without the prior written
110 consent of BROADCOM. Any act in derogation of the foregoing shall be null and
113 Government Customers. If any of the rights or licenses granted hereunder are
114 acquired by or on behalf of a unit or agency of the United States Government,
115 this Section applies. The Software is a trade secret of BROADCOM for all
116 purposes of the Freedom of Information Act and is, in all respects, proprietary
117 data belonging solely to BROADCOM. The Software: (i) was developed at private
118 expense, is existing computer software, and no part of it was developed with
119 government funds, (ii) is "restricted computer software" submitted with
120 restricted rights in accordance with subparagraphs (a) through (d) of the
121 Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 and
122 its successors, (iii) is unpublished and all rights are reserved under the
123 copyright laws of the United States. For units of the Department of Defense
124 (DoD), the Software is licensed only with "Restricted Rights" as that term is
125 defined in the DoD Supplement to the Federal Acquisition Regulation ("DFARS"),
126 252.227-7013(c)(1)(ii), Rights in Technical Data and Computer Software and its
127 successors, and use, duplication, or disclosure is subject to the restrictions
128 set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer
129 Software clause at DFARS 252.227-7013. The Contractor/manufacturer of the
130 Software is Broadcom Corporation, 5300 California Avenue, Irvine, CA 92617. If
131 the Software is acquired under a GSA Schedule, Licensee agrees to refrain from:
132 (a) changing or removing any insignia or lettering from such software or the
133 documentation that is provided; (b) producing copies of related manuals or media
134 (except for backup purposes); and (c) allowing any third party to do that which
135 is prohibited in this Section.
137 Miscellaneous. BROADCOM and Licensee are independent contractors. This is the
138 entire Agreement between the parties relating to the subject matter hereof,
139 supersedes any and all prior proposals, agreements and representations between
140 the parties, whether written or oral, and no waiver, modification or amendment
141 of the Agreement shall be valid unless in writing signed by each party. The
142 waiver of a breach of any term hereof shall in no way be construed as a waiver
143 of any other term or breach hereof. If any provision of this Agreement shall be
144 held by a court of competent jurisdiction to be contrary to law, the remaining
145 provisions of this Agreement shall remain in full force and effect. This
146 Agreement is governed by the laws of the State of California without reference
147 to conflict of laws principles. The parties expressly stipulate that the 1980
148 United Nations Convention on Contracts for the International Sale of Goods shall
149 not apply. All disputes arising out of this Agreement shall be subject to the
150 exclusive jurisdiction of the state and federal courts located in Orange County,
151 California, and the parties agree and submit to the personal and exclusive
152 jurisdiction and venue of these courts.