33
of a each such service. You understand and agree that the content of the Third Party Services is
the sole discretion of each provider and not SanDisk and that the Third Party Services could
contain adult or mature content and you may have to be 18 years or older to obtain access to such
content. You agree to indemnify and hold SanDisk and its subsidiaries, affiliates, officers, agents,
employees, partners and licensors harmless from any claim or demand, including reasonable
attorneys’ fees made by any third party due to or arising our of: a) your access or use of Third Party
Services and any content you submit, post, transmit, download, store or otherwise use through the
Third Party Service, b) your connection to such service, c) your violation of the applicable terms of
service and d)your violation of any rights of another.
You understand and agree that Third Party Service providers may reserve the right to terminate,
modify or discontinue, temporarily or permanently, their Third Party Services (or any part thereof)
with or without notice. You agree that SanDisk shall not be liable to you for any modification,
suspension or discontinuance of all or part of the Third Party Services.
4.
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.
5.
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
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.
6.
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
