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LEGAL_TERMS
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LEGAL_TERMS
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Broadcom Switch Service Terms and Conditions
This Broadcom Switch Service Terms and Conditions (the "Agreement") is a legal
agreement between you, Company and Broadcom Corporation, a California
corporation with its principal office at 5300 California Avenue, Irvine,
California 92617 ("Broadcom"). As used in this Agreement, "you" and "Company"
mean the company, entity or individual that is accessing the links and materials
available on https://github.com/Broadcom-Switch/ or any successor thereto
("Broadcom Switch Service Page").
By accessing the Broadcom Switch Service Page you are agreeing that you will be
bound by and are becoming a party to this Agreement. If you are an entity, and
an individual is entering into this Agreement on your behalf, then you will be
bound by this Agreement when that individual accesses the Broadcom Switch
Service Page. When they do so, it will also constitute a representation by the
individual that s/he is authorized to bind you as a party to this Agreement.
1. Authorization. Subject to the terms and conditions of this Agreement,
Broadcom authorizes Company to access the Broadcom Switch Service Page and
download software subject to the applicable licenses depending on the software
("Service"). Broadcom may, without prior notice, change the Service, stop
providing the Service or features of the Service to you or to users generally,
or create usage limits for the Service in its sole discretion. Broadcom
reserves the right in its discretion to suspend or terminate your account at any
time and remove any Content provided by you on the Service.
2. Restrictions. All right, title, and interest in and to all intellectual
property and proprietary rights relating to the Service shall remain vested in
Broadcom or its licensors. Company acknowledges it has no rights in the Service
except for the authorization explicitly granted in Section 1 above. Company
shall not disclose, modify, reproduce, transfer, or distribute any information
available on or through the Service in any form for any purpose, and shall not
use the Service except as expressly permitted in Section 1 above.
3. Your Content.
3.1. By submitting, posting, displaying, or otherwise making available any
information, materials, code or software uploaded, downloaded or appearing on
the Service ("Content"), you grant Broadcom a worldwide, perpetual, irrevocable,
non-exclusive, royalty-free, fully-paid up, sublicenseable (with the right to
sublicense through multiple tiers) license to access, use, copy, reproduce,
process, adapt, modify, publish, transmit, display and distribute such Content
in any and all media or distribution methods (now known or later developed).
3.2. You retain ownership of any Content you submit, post, display, or otherwise
make available on the Service. By providing Content on the Service you
represent, warrant and covenant that all Content contributed (i) does not
infringe, violate, misappropriate or otherwise interfere with any intellectual
property right (including, without limitation) any copyright, patent, trademark
or trade secret, (ii) you have the authority and right to disclose to Broadcom,
(iii) is correct and accurate representation, and not deceptive, incorrect,
misleading or fraudulent, (iv) does not contain links to a virus, Trojan horse,
worm, time bomb or other computer programming routine or engine that is intended
to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data, or information, (v) does not infringe on the
privacy rights of another, and (vi) is not libelous, defamatory, abusive,
threatening, harassing, hateful or offensive or otherwise violates any law or
right of any party.
4. Term and Termination. This Agreement shall continue from the Effective Date
until termination. Broadcom may immediately terminate this Agreement if Company
materially breaches any provision of this Agreement. Sections 2, 3, 4, 5, 6, 7,
8, 9 and 10 shall survive any termination or expiration of this Agreement.
5. Updates & Feedback. Company has no obligation to give Broadcom any
suggestions, comments or other feedback regarding the Service (collectively,
"Feedback"). However, any Feedback Company voluntarily provides may be used
with respect to the Service, Broadcom products and related specifications or
other documentation. Accordingly, if Company does give Broadcom Feedback on any
version of the Materials, Company expressly grants Broadcom a limited,
non-exclusive right to use, disclose, reproduce, further license, distribute and
otherwise commercialize the Feedback in any Broadcom product, technology,
service, specification or other documentation.
6. Indemnification. You agree to defend, indemnify, and hold Broadcom, its
affiliates, partners, agents, and each of their officers, directors, employees,
consultants, contractors, agents, customers and any other associated individuals
harmless from and against all damages, loss, claims, liabilities, fines,
expenses and costs of whatever kind or nature, including, without limitation,
attorney's fees and litigation costs arising out of or related to this
Agreement, including, without limitation any breach by you of any
representations, warranties and/or obligations under Agreement. You and Company
hereby represent, warrant and covenant that you will not make or assert any
claims against Broadcom or Github, Inc. (i) with respect to any content which is
made available on the Broadcom Switch Service Page and (ii) that the software
or derivative works created by or for Broadcom infringe any intellectual
property right owned or controlled by you or Company.
7. No Warranty. BROADCOM PROVIDES THE SERVICE "AS IS" ON AN "AS AVAILABLE" BASIS
AND GRANTS NO WARRANTY, EXPRESS OR IMPLIED, BY STATUTE, CONDUCT OR OTHERWISE,
AND BROADCOM EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITATION,
BROADCOM MAKES NO WARRANTY THAT THE SERVICE IS ERROR-FREE. NO PERSON OR ENTITY
IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE
SERVICE. YOUR USE OF THE SERVICE AND RELIANCE ON ANY INFORMATION,
COMMUNICATIONS OR OTHER INFORMATION AVAILABLE ON THE SERVICE IS DONE AT YOUR OWN
RISK.
8. Consequential Damages Waiver. COMPANY AGREES BROADCOM, ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY LOSS OF
USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF BROADCOM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY FURTHER ACKNOWLEGES AND
AGREES THAT BROADCOM SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT.
9. Marks. All product and service names, slogans and logos are trademarks,
service marks, or trade names ("Marks") of Broadcom. The use of any of our Marks
without our express written consent is strictly prohibited. Your access to this
web site should not be construed as granting, by implication, estopppel or
otherwise, any license or right to use any Marks appearing on the web site
without the prior written consent of Broadcom or the third party that owns the
Mark.
10. Miscellaneous. This Agreement shall constitute the final, binding and entire
agreement of the parties, and supersedes all prior agreements or representations
oral or written regarding the subject matter hereof. This Agreement may not be
changed, terminated or amended except in writing signed by both parties. The
failure of either party to exercise any of its rights will not constitute a
waiver of such rights unless expressly agreed in writing. Neither party may
assign its rights or obligations under this Agreement. In the event any
provision of this Agreement is held to be invalid or unenforceable, the valid or
enforceable portion thereof and the remaining provisions of this Agreement will
remain in full force and effect. Company and Broadcom are independent
contractors and nothing contained in this Agreement is intended or shall be
construed as creating a relationship of principal and agent, employer and
employee, or joint venture between the parties. Company is not an agent of
Broadcom for any purpose and has no power or authority, whether apparent,
actual, ostensible, or otherwise to bind or commit Broadcom to any obligations
in any way. This Agreement will be interpreted in accordance with the laws of
the State of California except those relating to conflict of laws. Any suit
hereunder will be brought solely in federal or state courts in the County of
Orange, California and Company hereby submits to the personal jurisdiction
hereof. The official language of this Agreement is English.