From: "Thomas Deutschmann" <whissi@gentoo.org>
To: gentoo-commits@lists.gentoo.org
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/
Date: Fri, 12 Aug 2016 19:33:22 +0000 (UTC) [thread overview]
Message-ID: <1471030394.705018b8422bad76cf4614dcad90060baac452c3.whissi@gentoo> (raw)
commit: 705018b8422bad76cf4614dcad90060baac452c3
Author: Thomas Deutschmann <whissi <AT> gentoo <DOT> org>
AuthorDate: Fri Aug 12 19:27:58 2016 +0000
Commit: Thomas Deutschmann <whissi <AT> gentoo <DOT> org>
CommitDate: Fri Aug 12 19:33:14 2016 +0000
URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=705018b8
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
licenses/Avago | 662 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++
1 file changed, 662 insertions(+)
diff --git a/licenses/Avago b/licenses/Avago
new file mode 100644
index 0000000..f14dd3d
--- /dev/null
+++ b/licenses/Avago
@@ -0,0 +1,662 @@
+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.
next reply other threads:[~2016-08-12 19:33 UTC|newest]
Thread overview: 272+ messages / expand[flat|nested] mbox.gz Atom feed top
2016-08-12 19:33 Thomas Deutschmann [this message]
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2024-09-29 12:42 [gentoo-commits] repo/gentoo:master commit in: licenses/ Conrad Kostecki
2024-09-12 10:42 Ulrich Müller
2024-09-05 12:55 Michael Orlitzky
2024-08-20 9:39 Ulrich Müller
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2023-08-18 8:21 Sam James
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2023-03-30 8:31 Marek Szuba
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2023-02-01 17:13 Ulrich Müller
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2021-05-07 8:27 Ulrich Müller
2021-04-22 15:28 Sam James
2021-04-22 15:28 Sam James
2021-03-30 7:25 Joonas Niilola
2021-02-09 9:29 罗百科
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2020-12-18 15:53 Stephan Hartmann
2020-12-02 12:09 Alexey Shvetsov
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2020-10-28 7:25 Stephan Hartmann
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2020-10-15 9:53 Jeroen Roovers
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2020-10-01 20:24 William Hubbs
2020-09-28 8:39 Michael Haubenwallner
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2019-04-15 8:00 Lars Wendler
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2018-12-11 16:20 Michał Górny
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2018-08-24 19:40 Thomas Deutschmann
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2018-06-26 19:02 Ben Kohler
2018-06-23 21:20 Ulrich Müller
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2018-06-19 19:00 Michał Górny
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2018-05-01 7:48 Michał Górny
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2018-04-21 9:38 Ulrich Müller
2018-04-20 11:53 Michał Górny
2018-04-18 8:00 Michał Górny
2018-04-18 8:00 Michał Górny
2018-04-18 8:00 Michał Górny
2018-04-09 2:18 Tim Harder
2018-03-29 9:17 Michał Górny
2018-03-25 8:09 Michał Górny
2018-03-24 8:56 Michał Górny
2018-03-05 19:21 Ulrich Müller
2018-03-05 19:21 Ulrich Müller
2018-03-05 19:21 Ulrich Müller
2018-03-05 19:21 Ulrich Müller
2018-03-01 20:28 Jeroen Roovers
2018-01-23 20:06 Alfredo Tupone
2017-12-17 22:15 James Le Cuirot
2017-12-10 21:46 James Le Cuirot
2017-12-10 21:46 James Le Cuirot
2017-11-20 20:56 Alfredo Tupone
2017-11-19 20:48 Alfredo Tupone
2017-11-14 8:20 Ulrich Müller
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2017-10-29 9:15 Ulrich Müller
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2017-09-15 17:43 Patrick McLean
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2017-07-27 18:51 Sebastien Fabbro
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2017-06-27 10:58 Marek Szuba
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2017-04-27 21:41 James Le Cuirot
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2017-04-24 7:53 Ulrich Müller
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2017-04-19 19:46 Michał Górny
2017-04-19 14:46 Andreas Hüttel
2017-04-14 16:20 Ulrich Müller
2017-04-13 12:33 James Le Cuirot
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2017-03-06 9:24 Mikhail Pukhlikov
2017-02-27 10:59 Ulrich Müller
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2017-01-24 18:24 Ettore Di Giacinto
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2016-12-29 4:12 Göktürk Yüksek
2016-12-17 13:33 José María Alonso
2016-12-01 12:33 José María Alonso
2016-12-01 0:08 Göktürk Yüksek
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2016-12-01 0:08 Göktürk Yüksek
2016-12-01 0:08 Göktürk Yüksek
2016-11-13 9:56 Ulrich Müller
2016-11-12 1:14 Jonathan Vasquez
2016-10-27 9:28 Michał Górny
2016-10-27 9:28 Michał Górny
2016-10-18 16:59 Ulrich Müller
2016-10-12 10:18 Austin English
2016-10-11 7:49 David Seifert
2016-10-02 21:12 Ulrich Müller
2016-09-09 13:03 Wolfram Schlich
2016-08-12 20:41 Ulrich Müller
2016-08-12 20:41 Ulrich Müller
2016-08-12 19:33 Thomas Deutschmann
2016-06-25 10:24 Ulrich Müller
2016-06-19 17:38 Ulrich Müller
2016-05-20 15:05 Ulrich Müller
2016-05-20 14:11 Ulrich Müller
2016-05-20 13:24 Ian Delaney
2016-05-01 20:21 Ulrich Müller
2016-04-09 21:02 Andreas Hüttel
2016-04-07 22:39 Chí-Thanh Christopher Nguyễn
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2016-03-19 21:32 Patrice Clement
2015-12-29 10:02 Justin Lecher
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2015-12-09 15:10 Justin Lecher
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2015-09-03 6:07 Justin Lecher
2015-08-27 22:59 Ulrich Müller
2015-08-19 23:16 Julian Ospald
2015-08-09 7:31 Ulrich Müller
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