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7. 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
DISCLAIMS 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.
8. 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 the Federal laws of the United
States of America 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 jurisdiction and venue of such courts. You will
not remove or export from the United States or reexport from
anywhere any part of the Software or any direct product
thereof to any country in violation of U.S. Export