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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.
You may not embed the Software within any other software product or
modify the Software in whole or in part in any manner.
3. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PER-
MITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS
IS” AND “AS AVAILABLE” WITH NO WARRANTIES. NEITHER SANDISK
NOR ITS LICENSORS MAKE ANY REPRESENTATION OR WARRAN-
TY, STATUTORY OR OTHERWISE, IN LAW OR FROM THE COURSE
OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED, INCLU-
DING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABI-
LITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFEREN-
CE, 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 QUALI-
TY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFT-
WARE 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 AFFILIA-
TES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CON-
SEQUENTIAL, 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.
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