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Software License. Subject to the terms and conditions contained herein, SanDisk grants to you a limited,
non-exclusive, non-sublicensable, 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 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.
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