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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.
4. 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.
5. 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.
6. 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.
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 AND ITS
LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK
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