1)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 Software 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.
