Exhibit 10.4
BUSINESS AGREEMENT
This BUSINESS AGREEMENT (this “ Agreement ”) is made and entered into as of June 13, 2004 by and between
Microtune, Inc., a Delaware corporation, having offices at 2201 10 th Street, Plano, TX 75074 (“ Microtune ”) and Broadcom
Corporation, a corporation organized and existing under the laws of California, having offices at 16215 Alton Parkway, Irvine,
California 92619 ( “ Broadcom ”) (Microtune and Broadcom are individually referred to herein as a “ party ,” and collectively as
the “ parties ”).
WITNESSETH
WHEREAS, Microtune and Broadcom are concurrently entering into (i) a Settlement Agreement under which the parties
are settling and releasing all outstanding claims and dismissing all litigation between them (“ Settlement Agreement ”); and (ii) a
Patent License Agreement under which each party is granting certain patent licenses to the other party (“ Patent License
Agreement ”);
WHEREAS, in connection with such settlement and licenses, the parties desire to cooperate regarding the development of
a cable modem reference design using a Microtune tuner and a Broadcom cable modem demodulator chip that Microtune may
submit for certain certifications, on the terms set forth in this Agreement; and
WHEREAS, in connection with such settlement and licenses, Microtune has agreed under the Settlement Agreement not
to assert certain claims against Broadcom regarding unfair competition law, unfair business practices law, antitrust law and
similar laws, subject to Broadcom’s obligations under Article IV of this Agreement.
NOW, THEREFORE, in consideration of the above recitals and mutual covenants hereinafter contained, the parties agree
as follows:
ARTICLE I – DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
1.1 “ Broadcom Support Documentation ” means the documentation and software that Broadcom makes generally available
to CATV Customers regarding the use of Broadcom’s Demodul