Lines Matching refs:and
3 Unless you and Broadcom Corporation ("Broadcom") execute a separate written
18 then the entity and its affiliates exercising rights under, and complying
26 2.1. License Grants. Subject to the terms and conditions of this Agreement,
28 royalty-free license (i) to use and integrate the Software in conjunction
29 with any other software; and (ii) to reproduce and distribute the Software
30 complete, unmodified and only for use with a Broadcom Product.
32 2.2. Restriction on Modification. If and to the extent that the Software is
34 (including, without limitation, DOCSIS, HomePNA, IEEE, and ITU standards),
40 Software (a) under the terms of this Agreement and a copy of this Agreement
41 accompanies such distribution, and (b) agrees to defend and indemnify
42 Broadcom and its licensors from and against any damages, costs, liabilities,
43 settlement amounts and/or expenses (including attorneys' fees) incurred in
45 or results from the use or distribution of any and all Software by the
53 trademarks, tradenames, and service marks adopted by Broadcom to identify the
54 Software belong to Broadcom and that Licensee shall have no rights therein.
56 2.5. Ownership. Broadcom shall retain all right, title and interest,
57 including all intellectual property rights, in and to the Software. Licensee
63 expressly set forth in this Agreement, Broadcom does not grant and Licensee
90 obligation to, correct any defects in the Software and/or provide updates to
99 resuscitation equipment and surgical implants), pollution control, hazardous
108 fails to comply with any of the terms and conditions hereof. In such event,
109 Licensee must destroy all copies of the Software and all of its component
113 rights and licenses granted to Licensee under this Agreement shall
116 4.3. Survival. The rights and obligations under this Agreement which by
122 5.1. Obligations. Licensee acknowledges and agrees that any documentation
123 relating to the Software, and any other information (if such other
127 confidential and proprietary information of Broadcom, and that Licensee's
128 protection thereof is an essential condition to Licensee's use and possession
130 strict confidence and not disclose it to any third party or use it in any way
131 except under a written agreement with terms and conditions at least as
136 Information shall not be considered Confidential Information if and to the
142 without breach of this Agreement by Licensee and otherwise not in violation
146 documents and other tangible objects containing or representing Broadcom
147 Confidential Information and all copies thereof which are in the possession
148 of Licensee shall be and remain the property of Broadcom, and shall be
173 7.2 Assignment. This Agreement shall be binding upon and inure to the
174 benefit of the parties and their respective successors and assigns, provided,
177 otherwise, without the prior written consent of Broadcom, and any such
184 California without regard to any conflict-of-laws rules, and the United
186 excluded. The sole jurisdiction and venue for actions related to the subject
187 matter hereof shall be the state and federal courts located in the County of
188 Orange, California, and both parties hereby consent to such jurisdiction and
191 7.4. Severability. All terms and provisions of this Agreement shall, if
202 Agreement would cause irreparable harm and significant injury to Broadcom
203 that may be difficult to ascertain and that a remedy at law would be
205 to seek and obtain immediate injunctive relief to enforce obligations under
206 the Agreement in addition to any other rights and remedies it may have.
213 between the parties and supersedes any and all prior proposals, agreements
214 and representations between them, whether written or oral concerning the