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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, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE
DOWNLOAD, DISTRIBUTION, USE OR PERFORMANCE OR NON-PERFORMANCE OF
THE SOFTWARE, EVEN IF SANDISK HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ANY REMEDY PROVIDED FOR HEREUNDER
IN ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SANDISK’S OR ITS LICENSORS’
TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE USE OF
THE SOFTWARE.
5. The Software is provided with “RESTRICTED RIGHTS.” Use, duplication or
disclosure by the Government is subject to restrictions as set forth in FAR 52.227-
14 and DFARS 252.227-7013 et seq. Use of the Software by the Government
constitutes acknowledgement of SanDisk’s proprietary rights therein. Contractor or
Manufacturer is SanDisk Corporation, 601 McCarthy Blvd., Milpitas, CA 95035.
6. Transfer
. If you sell or otherwise transfer the SanDisk product that
incorporates the Software as a whole, you may transfer the Software as fully
integrated into such product provided that you also supply this Agreement to the
purchaser or recipient of the product, at which time all of your rights under this
Agreement will immediately cease. Except as stated above, you may not assign or
transfer this Agreement in part or in whole, and any attempt to do so shall be void.
7. Termination
. We may terminate this Agreement and the license immediately
and without notice if you breach it. Upon termination of this Agreement, you must
delete or destroy all copies of the Software.
8. High Risk Activities
. The Software is not fault-tolerant and is not designed or
intended for use in hazardous environments requiring fail-safe performance, or any
other application in which the failure of the Software could lead directly to death,
personal injury, or severe physical or property damage (collectively, “High Risk
Activities”). SANDISK AND ITS LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES AND SHALL NOT BE LIABLE
FOR ANY LIABILITIES OR DAMAGES ARISING FROM SUCH USE.
9. General
. This Agreement contains the entire understanding between the
parties with respect to your use of the Software. If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the balance of this
Agreement, which shall remain valid and enforceable according to its terms. This
Agreement is governed by and construed under the laws of the State of California
and controlling U.S. federal law without regard to conflicts of laws provisions
thereof. The U.N. Convention on Contracts for the International Sale of Goods
shall not apply to this Agreement. Any action or proceeding arising from or
relating to this Agreement shall be adjudicated in the state or federal courts of
Santa Clara County, California, and the parties hereby agree to the exclusive