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) Software License. Subject to the terms and conditions contained herein, SanDisk grants to
you a limited, 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
S
oftware 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 rights, title and interest in and to the Software.
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 versions) 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 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 PERMITTED BY APPLICABLE LAW,
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” 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 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. 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 HERUNDER IN ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SANDISK’S OR
ITS LICENSORS’ TOTAL LIABILITY TO YOU EXCEED THE AMOUT 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. Contractors 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 delete or destroy all
copies all copies of the Software.
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