Common use of By Broadcom Clause in Contracts

By Broadcom. Subject to Broadcom’s timely receipt of, and in partial consideration of the Release and License Fee, Broadcom, on behalf of itself and its Affiliates, hereby irrevocably releases Emulex and its Affiliates, and their respective officers, agents, servants, employees, and attorneys, and Emulex and its Affiliates’ distributors, customers, suppliers (only for components of Licensed Products supplied to Emulex or its Affiliates), and end users from any and all causes of action, actions, judgments, indebtedness, damages, losses, claims, demands, costs, expenses, attorneys’ fees and liabilities of any nature whatsoever, whether known or unknown, suspected or unsuspected, for infringement (whether direct, contributory, inducement of infringement, or otherwise) of any Licensed Patents that arose prior to the Effective Date, solely if and to the extent: (a) such infringing activity would have been licensed under this Agreement if the license granted under Section 2.1 of this Agreement had been in existence at the time of the infringing activity (i.e., solely with respect to the Licensed Products and subject to all of the restrictions set forth in Section 2 hereof) or (b) the alleged infringement arises from the making, use, sale, offer for sale, import, or export of the [**] Products. The foregoing release is limited to the Licensed Patents. The foregoing release does not extend to any Emulex Product capable of processing Ethernet communications that is used as a server-based device that sends requests to storage devices or other servers, [**]. For the avoidance of doubt, the foregoing release of Emulex suppliers does not apply to, and Broadcom is not restricted from taking any action regarding, any such supplier making, having made, selling, offering for sale, using or importing any product that is not incorporated within a Licensed Product.