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1. 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.
2. 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.
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.
5. 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.
6. 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.