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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. 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.