1. GRANT OF LICENSE Subject to the terms and conditions of this Agreement, BROADCOM grants You a limited, revocable, non-exclusive, non-transferable personal license to use the Software and any accompanying documentation (“Documentation”) solely for Your individual use and for the intended purposes of the Software. You do not have the right to modify or create derivate works from the Software. You do not have the right to sublicense the Software to third parties.

2. THIRD PARTY SOFTWARE The Software may include software which is owned or controlled and provided by third parties (“Third Party Software”). Such Third Party Software may be subject to third party licenses. You agree to acknowledge and comply with the terms and conditions of any applicable third party licenses. BROADCOM is not responsible for the use of Third Party Software, whether or not it is included in or distributed with the Software. If the Software contains Third Party Software, You can find a list of Third Party Software under the “About” item in the menu.

3. PROPRIETARY RIGHTS The Software and the Documentation are the intellectual property of BROADCOM. BROADCOM or its licensors retain sole and exclusive ownership of the Software, Documentation and intellectual property rights relating thereto or arising therefrom. Except as provided in Section 1 above, You have no right, title or interest in the Software or the Documentation. You hereby covenant that You will not assert any claim that the Software or Documentation (or any derivative works thereof created by or for BROADCOM) infringe any intellectual property right owned or controlled by You.

4. RESTRICTIONS The Software is licensed, not sold. You may not use the Software for any purpose other than its intended purpose. You may not use the Software or Documentation in connection with the development of products competitive to BROADCOM’s products, including this Software, BROADCOM’s other software products or its integrated circuit products. You may not attempt to obtain the source code for the Software (except for the source code provided) by any means, and You many not reverse engineer, decompile, disassemble, translate or similarly manipulate the Software, unless and only to the extent that applicable law in Your jurisdiction specifically gives You the right to do any of the foregoing in spite of this contractual prohibition. Except as expressly permitted in Section 1, You may not publish, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer the Software or any portion thereof in any form, and You may not cause or permit anyone else to do any of the foregoing. You may not alter, obscure, or remove any BROADCOM or third party trademark, trade name, logo, patent or copyright notice, or other notice or marking on the Software or Documentation or add any notices or markings to the Software or Documentation. Without limiting the foregoing restriction, except as otherwise permitted in Section 1, You may not provide access to others on a service bureau basis or otherwise. You shall not use the Software or other material provided in the Software in violation of any applicable law or regulation, including but not limited to any regulatory agency. You may not use the Software in connection with any unauthorized snooping, hacking, intrusion or similar activities. This Agreement shall automatically terminate upon Your failure to comply with any of the terms of this Agreement. In such event, You will destroy all copies of the Software and Documentation.

5. DANGEROUS APPLICATIONS The Software is not designed, intended, or certified for use in components of systems intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical devices, life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, safety or security equipment, or for any other uses or applications in which the failure of the Software could create a situation where personal injury or death may occur. You understand that use of the Software in such applications is fully at Your own risk and BROADCOM shall have no liability in respect thereof to You or any third party.

6. EXPORT COMPLIANCE You hereby acknowledge that You are not a national of, nor located in, a country designated in Country Group E of Supplement Number 1 to Part 740 of the Export Administration Regulations, 15 CFR Parts 730-774 (“EAR”), which includes as of the date this license agreement was first published, but may not be limited to, Cuba, Iran, North Korea, Sudan, and Syria. Further, You acknowledge that these items were exported from the United States in accordance with the EAR. Diversion of these items contrary to U.S. law is prohibited and You agree that, notwithstanding other provisions of U.S. law, You acknowledge that transfer or re-export to any country, entity, or person subject to U.S. sanctions, a denial order, or identified in Country Group E, requires prior authorization from the U.S. Government. Without limiting any other rights or remedies that BROADCOM may have, You agree to indemnify, defend and hold harmless BROADCOM and its affiliates, employees, directors, representatives and agents for any and all liabilities, losses, damages, costs and expenses (including attorneys’ fees and costs) arising from or relating to Your failure to comply with any such law or regulation or to obtain any such license, permit or approval.

7. LIMITED WARRANTY THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM PROVIDES AND GRANTS AND YOU RECEIVE NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR RELIABILITY.

8. LIMITATION ON LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF THE FOREGOING LIMITATION OF LIABILITY IS DEEMED INVALID FOR ANY REASON IN ANY JURISDICTION, THEN BROADCOM’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT OF THE LICENSE FEE PAID BY YOU TO BROADCOM FOR USE OF THE SOFTWARE.

9. INDEMNIFICATION You agree to indemnify, defend and hold harmless BROADCOM and its affiliates, employees, directors, representatives and agents for any and all liabilities, losses, damages, costs and expenses (including attorneys’ fees and costs) arising from or relating to (1) Your use, reproduction or distribution of the Software or Documentation, (2) Your breach or non-compliance of any terms or conditions of this Agreement, (3) any warranties, liabilities or other obligations You make or incur to third parties or end users, or (4) allegations that Your use, reproduction or distribution of the Software or Documentation infringes the intellectual property rights of any third party; provided that the Indemnified Parties shall give You written notice of any such claim, suit or proceeding within a reasonable time and You shall be entitled to control the defense thereof. Settlement of the indemnified matter shall require BROADCOM’s prior written consent, which consent shall not be unreasonably withheld or denied.

10. SUPPORT Nothing in this Agreement shall obligate BROADCOM to provide any support for the Software. BROADCOM may, but shall be under no obligation to, correct any defects in the Software and/or provide updates or upgrades to the Software. You shall make reasonable efforts to promptly report to BROADCOM any defects You find in the Software. In the event that BROADCOM elects to provide such updates or upgrades to the Software and Documentation, such updated and upgrades shall be included within the definition of Software and Documentation and shall be provided subject to the rights and restrictions set forth in this Agreement. BROADCOM makes no representation or warranty that it support, or continue to support the Software and may cease distribution, maintenance, updates, upgrades and support of the Software at any time.

11. END USER SUPPORT You shall, at Your own expense, be solely responsible for providing technical support and training to Your customers and end users, and BROADCOM shall have no obligation with respect thereto. You shall be solely responsible for, and You shall ensure that BROADCOM has no obligation or liability to honor, any warranties that You provide to Your customers or end users with respect to the Software or Documentation.

12. CONFIDENTIALITY The Software and Documentation contains proprietary and confidential technology and information of BROADCOM. Accordingly, during the term of this Agreement and thereafter, You must limit access to the Software and Documentation to those of Your employees who need to use the Software for purposes permitted hereunder, and You must treat the Software and Documentation as confidential and use the same care to protect it from unauthorized use, access or disclosure as You use to protect Your own confidential and proprietary information, but never less than the care a reasonable person would use under similar circumstances. Any breach of this Section 12 would cause irreparable injury to BROADCOM for which no adequate remedy at law exists. Therefore, in addition to any monetary damages or other remedies available to BROADCOM, You agree that equitable remedies, including injunctive relief and specific performance, are appropriate remedies to redress any breach or threatened breach of this Section.

13. TERMINATION This Agreement shall terminate immediately without notice if You breach any term or condition of this Agreement. You may terminate this Agreement at any time by destroying all copies of the Software and Documentation, and ceasing any use, reproduction or distribution of the Software and Documentation. The following Sections shall survive any termination or expiration of this Agreement: Section 3-9 and 12-16, and any other terms and conditions which by their nature must survive termination.

14. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and Documentation are commercial products, developed at private expense, and provided with restricted rights. Use, reproduction, release, modification or disclosure of the Software or Documentation, or any part thereof, including technical data, by the Government is restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212 for civilian agencies and Defense (“DFARS”) 227.7202 for military agencies. The Software and Documentation are “commercial items,” as that term is defined in 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 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire Software and Documentation with only those rights set forth in this Agreement.

15. MISCELLANEOUS This Agreement shall be governed by the laws of California without regard to any conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the County of Orange, California, USA and both parties hereby consent to such jurisdiction and exclusive venue. This Agreement shall inure to the benefit of BROADCOM, its successors, administrators, heirs and assigns. In any legal proceeding arising out of or regarding this Agreement, the prevailing party shall be entitled to receive, in addition to any other relief, reimbursement of its attorneys' fees and expenses and costs of suit. If one or more of the provisions contained in this Agreement shall be unenforceable, then such provision shall be considered inoperative to the extent of such enforceability and the remainder of this Agreement shall continue in full force and effect. The parties hereto agree to replace any such invalid or unenforceable provision with a new provision that has the most nearly similar permissible economic or other effect. You may not assign, delegate or otherwise transfer, whether by agreement, operation of law or otherwise, any right or obligation hereunder without the express prior written consent of BROADCOM, and any attempted assignment, delegation or transfer without such consent shall be void. This Agreement supersedes all prior or contemporaneous proposals, representations, warranties, promises and other communications, whether oral or written, relating to the Software and Documentation. This Agreement may not be amended or modified, except by a formal written amendment signed by an authorized officer of each party. Any term or condition in any purchase order, invoice, e-mail or other document between You and BROADCOM will have no legal effect.

16. ACKNOWLEDGMENT You acknowledge that You have read this Agreement, understand it, and agree to its terms and conditions. You also agree that this Agreement covers any merged or partial copies of the Software and Documentation, and all future versions thereof.