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 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, 140 Caspian Court, Sunnyvale, CA 94089.
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 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