Service & Warranty
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 NOTWITHSTAND
ING 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
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