1 2 Copyright (C) 1999-2012 Broadcom Corporation 3 4 This license applies to all underlying Broadcom proprietary code and all 5 changes thereto committed to the AOSP on or before the 6 commit f80d3d045eab5f002be4b5e8a3d2d376fdf7581a ("Proprietary Files"). 7 8 In addition, this license applies to all Broadcom proprietary code that is NOT 9 governed by the Apache License, Version 2.0, unless you originally licensed 10 such Broadcom proprietary code under a license from Broadcom ("Broadcom SLA"). 11 If you have a Broadcom SLA, the terms and conditions of such SLA will continue 12 to govern your use of the Broadcom proprietary code, including without 13 limitation, the Proprietary Files. 14 15 These Proprietary Files are the proprietary software of Broadcom Corporation 16 and/or its licensors, and may only be duplicated or distributed (through 17 multiple tiers) for internal evaluation purposes ("Authorized License"). Any 18 commercial redistribution of the Proprietary Files is strictly prohibited. 19 20 Except as set forth in this Authorized License, Broadcom grants no license 21 (express or implied), right to use, or waiver of any kind with respect to the 22 Authorized Files, and Broadcom expressly reserves all rights in and to the 23 Authorized Files and all intellectual property rights therein. 24 25 Except as expressly set forth in the Authorized License, 26 27 1. These Proprietary Files, including its structure, sequence and organization, 28 constitutes the valuable trade secrets of Broadcom, and you shall use all 29 reasonable efforts to protect the confidentiality thereof, and to use this 30 information only for internal evaluation purposes. 31 32 2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE PROPRIETARY FILES ARE PROVIDED 33 "AS IS" AND WITH ALL FAULTS AND BROADCOM MAKES NO PROMISES, REPRESENTATIONS 34 OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH 35 RESPECT TO THE PROPRIETARY FILES. BROADCOM SPECIFICALLY DISCLAIMS ANY AND 36 ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS 37 FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET 38 ENJOYMENT, QUIET POSSESSION OR CORRESPONDENCE TO DESCRIPTION. YOU ASSUME THE 39 ENTIRE RISK ARISING OUT OF YOUR USE OF THE PROPRIETARY FILES UNDER THE 40 AUTHORIZED LICENSE. IF YOU VIOLATE THE AUTHORIZED LICENSE, THIS LICENSE WILL 41 BE IMMEDIATELY RESCINDED AND TERMINATED. 42 43 3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ITS 44 LICENSORS BE LIABLE FOR (i) CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR 45 EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO YOUR 46 USE OF OR INABILITY TO USE THE PROPRIETARY FILES EVEN IF BROADCOM HAS BEEN 47 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY AMOUNT IN EXCESS OF 48 THE AMOUNT ACTUALLY PAID FOR THE PROPRIETARY FILES ITSELF OR U.S. $1, 49 WHICHEVER IS GREATER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY 50 FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 51