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DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE
CAREFULLY READ THE TERMS OF THIS END USER LICENSE AGREEMENT
(“AGREEMENT”). BY DOWNLOADING, USING OR INSTALLING THE SOFTWARE,
YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE
AND, IF APPLICABLE, PROMPTLY RETURN IT TO YOUR PLACE OF PURCHASE FOR A
REFUND. IF THE SOFTWARE WAS INCLUDED WITH YOUR 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