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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.
2. 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.
3. 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.
4. 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.