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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. 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, USE OR PERFORMANCE OR
NON-PERFORMANCE OF THE SOFTWARE. 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.