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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. You may not embed the Software within any other
software product or modify the Software in whole or in part in
any manner.
3. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED “AS IS” AND “AS
AVAILABLE” WITH NO WARRANTIES. 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.
4. LIMITATION OF LIABILITY
. IN NO EVENT WILL