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1) Software License. Subject to the terms and condi-
tions contained herein, SanDisk grants to you a limit-
ed, non-exclusive, non-sub-licensable, transferable in
accordance with these terms, royalty-free right and
license under SanDisk’s intellectual property rights
to use the Software in executable form for SanDisk
products and services solely for your personal use on
a single computer (the “License”). For each Software
licensee, the Software can be “in use” on only one
computer or hardware device at any given time. 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. SanDisk and its Licensors
retain all right, title and interest in and to the Soft-
ware.
2) Restrictions. SanDisk or its licensors retain all rights
in the Software not expressly licensed to you. You
may not modify, create derivative works (new ver-
sions) of, adapt or translate the Software. No source
code is provided under this Agreement. You may
not reverse engineer, dissemble, decompile, rent,
or lease the Software, or re-create or discover the
source code version of the Software. The Software
contains proprietary and confidential information
of SanDisk or 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 origi-
nal Software’s proprietary notices, and must include
or be accompanied by this Agreement. You may not
separate the Software into component parts for sub-
license, distribution or transfer to a third party. You
may not embed the Software within any other soft-
ware product or modify the Software in whole or in
part in any manner.
3) DISCLAIMER OF WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED “AS IS” AND “AS AVAIL-
ABLE” WITH NO WARRANTIES. NEITHER SANDISK
NOR ITS LICENSORS MAKE ANY REPRESENTATION
OR WARRANTY, STATUTORY OR OTHERWISE, IN
LAW OR FROM THE COURSE OF DEALING OR US-
AGE OF TRADE, EXPRESS OR IMPLIED, INCLUD-
ING WITHOUT LIMITATION ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE, NON-INTERFERENCE, OR NON-IN-
FRINGEMENT OF ANY THIRD PARTY INTELLECTU-
AL PROPERTY RIGHTS, OR EQUIVALENTS UNDER
THE LAWS OF ANY JURISDICTION. YOU ASSUME
THE ENTIRE RISK AS TO THE QUALITY AND PER-
FORMANCE 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 RESPEC-
TIVE DIRECTORS, OFFICERS, EMPLOYEES, CON-
SULTANTS, LICENSORS, LICENSEES OR AFFILIATES,
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPE-
CIAL CONSEQUENTIAL, OR EXEMPLARY DAM-
AGES, 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.
5) The Software is provided with “RESTRICTED RIGHTS”.
Use, duplication or disclosure by the Government is
subject to restriction 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
Boulevard, Milpitas, CA 95035.
6) Termination. We may terminate this Agreement and
the license if you violate this Agreement at any time.
Upon termination of this Agreement, you must de-
lete or destroy all copies of the Software.
7) High Risk Activities. The Software is not fault-toler-
ant and is not designed or intended for use in hazard-
ous environments requiring fail-safe performance, or
any other application in which the failure of the Soft-
ware 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.
