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PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE
HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IF THE
SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “NOT ACCEPT” TO STOP
THE DOWNLOAD PROCESS.
The firmware, computer programs, device drivers, data or information (“Software”) is
provided to each person who downloads, uses or installs the Software (“you” or “your”)
under the terms of this Agreement between you and SanDisk Corporation (“SanDisk,”
“we,” or “us”), and may be subject to additional terms and conditions in an agreement
between you and SanDisk’s third party licensors (“Licensors”). The Software is owned
by SanDisk or its Licensors. The Software is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws and treaties.
Software License. Subject to the terms and conditions contained herein, SanDisk
grants to you a limited, non-exclusive, non-sub licensable, transferable in accordance
with these terms, royalty-free license under SanDisk’s intellectual property rights to use
the Software in executable form solely for your personal use only with a SanDisk
product and only on a single computer or other hardware device at any given time (the
"License"). The Software is “in use” when it is either downloaded, copied, loaded into
RAM or installed into the hard disk or other permanent memory of a computer or other
hardware device.
Restrictions. SanDisk and its Licensors retain all rights in the Software not expressly
granted to you. You may not modify, adapt, translate or create derivative works (new
versions) of the Software. No source code is provided under this Agreement. You may
not reverse engineer, disassemble, decompile, rent, lease, or encumber the Software,
or re-create or discover the source code of the Software. You may not embed or
combine the Software within any other software product or device. The Software
contains proprietary and confidential information of SanDisk and its Licensors, which
you agree not to discover or reveal to others. Any and all permitted copies of the
Software that you make or distribute must be unmodified, must contain all of the original
Software’s proprietary notices, and must include or be accompanied by this Agreement.
You may not separate the Software into component parts for sublicense, distribution or
transfer to a third party.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”
WITH NO WARRANTIES AND NEITHER SANDISK NOR ITS LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY, STATUTORY OR OTHERWISE, IN LAW OR
FROM THE COURSE OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, OR NON-
INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR
EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT SANDISK, ITS
LICENSORS OR RESELLERS, ASSUME THE ENTIRE COST OF NECESSARY
SERVICING, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY
. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL SANDISK OR ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS, LICENSORS, LICENSEES OR
AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
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