PCM+ Agent with ONE zl Module Open Source Licenses 2010-01

/usr/share/doc/linux-restricted-modules-common/copyright
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the public domain through no fault of Licensee; (ii) was known to Licensee, without
restriction, at the time of disclosure as proven by the files of Licensee in
existence at the time of disclosure; or (iii) becomes known to Licensee, without
restriction, from a source other than Broadcom without breach of this Agreement by
Licensee and otherwise not in violation of BroadcomÂ’s rights.
5.2. Return of Confidential Information. Notwithstanding the foregoing, all
documents and other tangible objects containing or representing Broadcom
Confidential Information and all copies thereof which are in the possession of
Licensee shall be and remain the property of Broadcom, and shall be promptly
returned to Broadcom upon written request by Broadcom or upon termination of this
Agreement.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ANY OF
BROADCOMÂ’S LICENSORS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS
AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will BroadcomÂ’s
liability whether in contract, tort (including negligence), or otherwise, exceed
the amount paid by Licensee for Software under this Agreement. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. MISCELLANEOUS
7.1. Assignment. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and assigns, provided, however that
Licensee may not assign this Agreement or any rights or obligation hereunder,
directly or indirectly, by operation of law or otherwise, without the prior written
consent of Broadcom, and any such attempted assignment shall be void.
Notwithstanding the foregoing, Licensee may assign this Agreement to a successor to
all or substantially all of its business or assets to which this Agreement relates
that is not a competitor of Broadcom.
7.2. Governing Law; Venue. 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,
and both parties hereby consent to such jurisdiction and venue.
7.3. Severability. All terms and provisions of this Agreement shall, if possible,
be construed in a manner which makes them valid, but in the event any term or
provision of this Agreement is found by a court of competent jurisdiction to be
illegal or unenforceable, the validity or enforceability of the remainder of this
Agreement shall not be affected if the illegal or unenforceable provision does not
materially affect the intent of this Agreement. If the illegal or unenforceable
provision materially affects the intent of the parties to this Agreement, this
Agreement shall become terminated.
7.4. Equitable Relief. Licensee hereby acknowledges that its breach of this
Agreement would cause irreparable harm and significant injury to Broadcom that may
be difficult to ascertain and that a remedy at law would be inadequate.
Accordingly, Licensee agrees that Broadcom shall have the right to seek and obtain
immediate injunctive relief to enforce obligations under the Agreement in addition
to any other rights and remedies it may have.