1SOFTWARE LICENSE AGREEMENT 2 3The accompanying software in binary code form (���Software���), is licensed to you, 4or, if you are accepting on behalf of an entity, the entity and its affiliates 5exercising rights hereunder (���Licensee���) subject to the terms of this software 6license agreement (���Agreement���), unless Licensee and Broadcom Corporation 7(���Broadcom���) execute a separate written software license agreement governing 8use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE 9CONSTITUTES LICENSEE���S ACCEPTANCE OF THIS AGREEMENT. 10 111. License. Subject to the terms and conditions of this Agreement, 12Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable, 13royalty-free license: (i) to use and integrate the Software with any other 14software; and (ii) to reproduce and distribute the Software complete, 15unmodified, and as provided by Broadcom, solely for use with Broadcom 16proprietary integrated circuit product(s) sold by Broadcom with which the 17Software was designed to be used, or their successors. 18 192. Restrictions. Licensee shall distribute Software with a copy of this 20Agreement. Licensee shall not remove, efface or obscure any copyright or 21trademark notices from the Software. Reproductions of the Broadcom copyright 22notice shall be included with each copy of the Software, except where such 23Software is embedded in a manner not readily accessible to the end user. 24Licensee shall not: (i) use, license, sell or otherwise distribute the Software 25except as provided in this Agreement; (ii) attempt to modify in any way, 26reverse engineer, decompile or disassemble any portion of the Software; or 27(iii) use the Software or other material in violation of any applicable law or 28regulation, including but not limited to any regulatory agency. This Agreement 29shall automatically terminate upon Licensee���s failure to comply with any of the 30terms of this Agreement. In such event, Licensee will destroy all copies of the 31Software and its component parts. 32 333. Ownership. The Software is licensed and not sold. Title to and 34ownership of the Software, including all intellectual property rights thereto, 35and any portion thereof remain with Broadcom or its licensors. Licensee hereby 36covenants that it will not assert any claim that the Software created by or for 37Broadcom infringe any intellectual property right owned or controlled by 38Licensee. 39 404. Disclaimer. THE SOFTWARE IS OFFERED ���AS IS,��� AND BROADCOM PROVIDES AND 41GRANTS AND LICENSEE RECEIVES NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS 42OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. 43BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, 44FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR 45ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE 46ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL 47OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE 48RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR 49RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM 50OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 51INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY 52OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR 53OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION 54OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS, 55EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE 56LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY 57LIMITED REMEDY. 58 595. Export Laws. LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS 60SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND 61REGULATIONS AND THAT LICENSEE MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE 62SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE 63LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT, OR TRANSFER OF THE 64SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA IS PROHIBITED. 65 66