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 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. 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.
7. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in
hazardous environments requiring fail-safe performance, or any other application in which the
failure of the Software 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.
8. General. This Agreement contains the entire understanding between the parties with respect to
your use of the Software. If any part of this Agreement is found void and unenforceable, it will
not affect the validity of the balance of this Agreement, which shall remain valid and enforceable
according to its terms. This Agreement is governed by and construed under the laws of the State
of California and the Federal laws of the United States of America without regard to conflicts of
laws provisions thereof. The U.N. Convention on contracts for the International Sale of Goods
shall not apply to this Agreement. Any action or proceeding arising from or relating to this
Agreement shall be adjudicated in the state or federal courts of Santa Clara County, California, and
the parties hereby agree to the exclusive jurisdiction and venue of such courts. You will not
remove or export from the United States or re-export from anywhere any part of the Software or
nay direct product thereof to any country in violation of U.S. Export Administration Regulations,
or a successor thereto, or otherwise except in compliance with and with all licenses and approvals
required under applicable export laws and regulations including, without limitation, those of the
U.S. Department of Commerce. Any Waivers or amendments of this Agreement shall be
effective only if made in writing and signed by an authorized representative of each party. The
provisions of Sections 3, 4, 5, 6, 7, and 8 shall survive the termination or expiration of this
Agreement.
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