New, much shorter license for firmware files submitted by Broadcom to linux-firmware repository. Signed-off-by: Henry Ptasinski <henryp@xxxxxxxxxxxx> --- LICENCE.broadcom_bcm43xx | 262 +++++++++++----------------------------------- 1 files changed, 61 insertions(+), 201 deletions(-) diff --git a/LICENCE.broadcom_bcm43xx b/LICENCE.broadcom_bcm43xx index e2cf868..ff26fdd 100644 --- a/LICENCE.broadcom_bcm43xx +++ b/LICENCE.broadcom_bcm43xx @@ -1,205 +1,65 @@ SOFTWARE LICENSE AGREEMENT -Unless you and Broadcom Corporation (â??Broadcomâ??) execute a separate written -software license agreement governing use of the accompanying software, this -software is licensed to you under the terms of this Software License Agreement -(â??Agreementâ??). - -ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES YOUR -ACCEPTANCE OF THIS AGREEMENT. - -1. DEFINITIONS. - -1.1. â??Broadcom Productâ?? means any of the proprietary integrated circuit -product(s) sold by Broadcom with which the Software was designed to be used, or -their successors. - -1.2. â??Licenseeâ?? means you or if you are accepting on behalf of an entity -then the entity and its affiliates exercising rights under, and complying with -all of the terms of this Agreement. - -1.3. â??Softwareâ?? shall mean that software made available by Broadcom to -Licensee in binary code form with this Agreement. - -2. LICENSE GRANT; OWNERSHIP - -2.1. License Grants. Subject to the terms and conditions of this Agreement, -Broadcom hereby grants to Licensee a non-exclusive, non-transferable, -royalty-free license (i) to use and integrate the Software in conjunction with -any other software; and (ii) to reproduce and distribute the Software complete, -unmodified and as provided by Broadcom, and only for use with a Broadcom -Product. - -2.2. Restriction on Modification. Licensee may not make any modifications -to the Software. - -2.3. Restriction on Distribution. Licensee shall only distribute the -Software under the terms of this Agreement and a copy of this Agreement -accompanies such distribution. - -2.4. Proprietary Notices. Licensee shall not remove, efface or obscure any -copyright or trademark notices from the Software. Licensee shall include -reproductions of the Broadcom copyright notice with each copy of the Software, -except where such Software is embedded in a manner not readily accessible to -the end user. Licensee acknowledges that any symbols, trademarks, tradenames, -and service marks adopted by Broadcom to identify the Software belong to -Broadcom and that Licensee shall have no rights therein. - -2.5. Ownership. Broadcom shall retain all right, title and interest, -including all intellectual property rights, in and to the Software. Licensee -hereby covenants that it will not assert any claim that the Software created by -or for Broadcom infringe any intellectual property right owned or controlled by -Licensee; provided however, the foregoing shall not apply in case the Agreement -is terminated. - -2.6. No Other Rights Granted; Restrictions. Apart from the license rights -expressly set forth in this Agreement, Broadcom does not grant and Licensee -does not receive any ownership right, title or interest nor any security -interest or other interest in any intellectual property rights relating to the -Software, nor in any copy of any part of the foregoing. No license is granted -to Licensee in any human readable code of the Software (source code). Licensee -shall not (i) use, license, sell or otherwise distribute the Software except as -provided in this Agreement, (ii) attempt to modify in any way, reverse -engineer, decompile or disassemble any portion of the Software; or (iii) use -the Software or other material in violation of any applicable law or -regulation, including but not limited to any regulatory agency, such as FCC, -rules. - -3. NO WARRANTY OR SUPPORT - -3.1. No Warranty. THE SOFTWARE IS OFFERED â??AS IS,â?? AND BROADCOM GRANTS AND -LICENSEE RECEIVES 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. - -3.2. No 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 to -licensees of the Software. Licensee shall make reasonable efforts to promptly -report to Broadcom any defects it finds in the Software, as an aid to creating -improved revisions of the Software. - -3.3. 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, life-support computers or equipment (including resuscitation -equipment and surgical implants), pollution control, hazardous substances -management, or for any other dangerous application in which the failure of the -Software could create a situation where personal injury or death may occur. -Licensee understands that use of the Software in such applications is fully at -the risk of Licensee. - -4. TERM AND TERMINATION - -4.1. Termination. This Agreement will automatically terminate if Licensee -fails to comply with any of the terms and conditions hereof. In such event, -Licensee must destroy all copies of the Software and all of its component -parts. - -4.2. Effect Of Termination. Upon any termination of this Agreement, the -rights and licenses granted to Licensee under this Agreement shall immediately -terminate. - -4.3. Survival. The rights and obligations under this Agreement which by -their nature should survive termination will remain in effect after expiration -or termination of this Agreement. - -5. CONFIDENTIALITY - -5.1. Obligations. Licensee acknowledges and agrees that any documentation -relating to the Software, and any other information (if such other information -is identified as confidential or should be recognized as confidential under the -circumstances) provided to Licensee by Broadcom hereunder (collectively, -â??Confidential Informationâ??) constitute the confidential and proprietary -information of Broadcom, and that Licenseeâ??s protection thereof is an essential -condition to Licenseeâ??s use and possession of the Software. Licensee shall -retain all Confidential Information in strict confidence and not disclose it to -any third party or use it in any way except under a written agreement with -terms and conditions at least as protective as the terms of this Section. -Licensee will exercise at least the same amount of diligence in preserving the -secrecy of the Confidential Information as it uses in preserving the secrecy of -its own most valuable confidential information, but in no event less than -reasonable diligence. Information shall not be considered Confidential -Information if and to the extent that it: (i) was in the public domain at the -time it was disclosed or has entered 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. Export Regulations. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS +The accompanying software in binary code form (â??Softwareâ??), is licensed to you, +or, if you are accepting on behalf of an entity, the entity and its affiliates +exercising rights hereunder (â??Licenseeâ??) subject to the terms of this software +license agreement (â??Agreementâ??), unless Licensee and Broadcom Corporation +(â??Broadcomâ??) execute a separate written software license agreement governing +use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE +CONSTITUTES LICENSEEâ??S ACCEPTANCE OF THIS AGREEMENT. + +1. License. Subject to the terms and conditions of this Agreement, +Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable, +royalty-free license: (i) to use and integrate the Software with any other +software; and (ii) to reproduce and distribute the Software complete, +unmodified, and as provided by Broadcom, solely for use with Broadcom +proprietary integrated circuit product(s) sold by Broadcom with which the +Software was designed to be used, or their successors. + +2. Restrictions. Licensee shall distribute Software with a copy of this +Agreement. Licensee shall not remove, efface or obscure any copyright or +trademark notices from the Software. Reproductions of the Broadcom copyright +notice shall be included with each copy of the Software, except where such +Software is embedded in a manner not readily accessible to the end user. +Licensee shall not: (i) use, license, sell or otherwise distribute the Software +except as provided in this Agreement; (ii) attempt to modify in any way, +reverse engineer, decompile or disassemble any portion of the Software; or +(iii) use the Software or other material in violation of any applicable law or +regulation, including but not limited to any regulatory agency. This Agreement +shall automatically terminate upon Licenseeâ??s failure to comply with any of the +terms of this Agreement. In such event, Licensee will destroy all copies of the +Software and its component parts. + +3. Ownership. The Software is licensed and not sold. Title to and +ownership of the Software, including all intellectual property rights thereto, +and any portion thereof remain with Broadcom or its licensors. Licensee hereby +covenants that it will not assert any claim that the Software created by or for +Broadcom infringe any intellectual property right owned or controlled by +Licensee. + +4. Disclaimer. THE SOFTWARE IS OFFERED â??AS IS,â?? AND BROADCOM PROVIDES AND +GRANTS AND LICENSEE RECEIVES 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. 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, 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 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 REMEDY. + +5. Export Laws. LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND -REGULATIONS AND THAT YOU MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE SOFTWARE OR -ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE LAWS. -WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT OR TRANSFER OF THE SOFTWARE -TO CUBA, IRAN, NORTH KOREA, SUDAN AND SYRIA IS PROHIBITED. - -7.2 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. - -7.3. 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. - -7.4. 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. - -7.5. 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. - -7.6. Waiver. The waiver of, or failure to enforce, any breach or default -hereunder shall not constitute the waiver of any other or subsequent breach or -default. - -7.7. Entire Agreement. This Agreement sets forth the entire Agreement -between the parties and supersedes any and all prior proposals, agreements and -representations between them, whether written or oral concerning the Software. -This Agreement may be changed only by mutual agreement of the parties in -writing. +REGULATIONS AND THAT LICENSEE MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE +SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE +LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT, OR TRANSFER OF THE +SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA IS PROHIBITED. -- 1.7.1
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