END USER LICENSE AGREEMENT
THE SOFTWARE ACCOMPANYING THIS END USER LICENSE AGREEMENT (THE "SOFTWARE") IS LICENSED TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS END USER LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON THE "YES" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT RECEIVE A LICENSE TO THE SOFTWARE, AND YOU SHOULD CLICK ON THE "NO" BUTTON TO DISCONTINUE THE INSTALLATION PROCESS. ANY USE OF THE SOFTWARE WILL CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH BELOW. THIS END USER LICENSE AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND BROADCOM CORPORATION ("BROADCOM").
As used in this End User License Agreement, "you" and "your" refers to the individual or entity that wishes to use the Software.
1. License. Subject to the terms of this Agreement, you are hereby granted a personal, non-sublicensable, non-exclusive license to use a single copy of the Software in object code on a single computer or device for so long as this Agreement is in effect. The Software is licensed, not sold. The Software shall be deemed accepted on downloading and/or installation. This license automatically terminates if you violate any of the terms of this Agreement. You may transfer the Software only in connection with the transfer of the computer or device upon which it is installed, provided the transferee agrees to the terms of this Agreement.
2. Restrictions. Broadcom and/or its suppliers retain all right, title and interest in and to the Software, and any rights not expressly granted to you herein are reserved by Broadcom and its suppliers. You may not copy (except to make a single back-up copy for your internal purposes), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer the Software. You may not reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. You may not directly or indirectly disclose, publish, distribute or otherwise provide the Software to any other Bluetooth silicon solution or Bluetooth software stack provider. You may not remove or modify any markings or any notice of Broadcom's proprietary rights. Any unauthorized modifications, derivative works, translations, or any other intellectual property, created directly or indirectly using or referring to the Software, or components thereof, or enhancements of the Software, shall belong exclusively to Broadcom or its suppliers, as appropriate, and you hereby assign and shall assign any and all rights in them (including without limitation moral rights) to Broadcom or its supplier(s), as appropriate. You hereby agree to promptly enter into any further documentation required by Broadcom or its supplier(s) in its/their sole discretion to legally or commercially effect such assignment. You hereby expressly waive any rights you may obtain inconsistent with the foregoing through application of the law of any other country or otherwise. The Software may contain license management software that restricts your use of the Software.
3. No Warranty. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND BROADCOM AND ITS SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, neither Broadcom nor its suppliers ensure continuous, error-free, secure or virus-free operation of the Software. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights under applicable law.
4. Limitation of Liability. IN NO EVENT SHALL BROADCOM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT. In no event shall Broadcom's or its suppliers’ liability for the Software, regardless of the form of action, exceed $250.
5. No Maintenance or Support. Broadcom is not obligated to provide updates, enhancements or maintenance, technical or other support for the Software.
6. Export. You may not export or re-export the Software except in full compliance with all applicable international and national laws and regulations.
7. Termination. Broadcom has the right to terminate your right to use the Software if (i) you breach any of the terms of this End User License Agreement; or (ii) you are forced to file any petition or action for relief under any bankruptcy, reorganization, insolvency, or moratorium, or any other law or laws for the relief of, or relating to, debtors unless such petition shall be dismissed or vacated within sixty (60) days of the date thereof.
8. General. The Software is a "commercial item." This Agreement is governed and interpreted in accordance with the laws of the State of California, U.S.A. without giving effect to its conflict of laws provisions. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be exclusively brought in a state or federal court located in Orange County, California. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this Agreement is invalid, the validity of the remaining provisions of this Agreement shall not be affected. No failure to enforce any provision of this Agreement by a party shall be construed as a waiver of that party’s rights unless otherwise detailed in writing. This Agreement is the entire and exclusive agreement, and supersedes all prior agreements (whether written or oral) and other communications, between Broadcom and/or its suppliers’ and you with respect to the Software. This Agreement may only be changed by a writing signed by both parties. In the event this Agreement is translated into any language other than English, the English language version shall govern its interpretation based on a “plain English interpretation.”
9. Copyright © 2001 - 2009 BROADCOM CORPORATION All rights reserved. Warning: This computer program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
Roki100