between you and SanDisk’s third party licensors (“Licensors”). The Software is owned by
SanDisk or its Licensors. The Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
1.
Software License. Subject to the terms and conditions contained herein, SanDisk
grants to you a limited, non-exclusive, non-sublicensable, transferable in accordance with
these terms, royalty-free license under SanDisk’s intellectual property rights to use the
Software in executable form solely for your personal use only with a SanDisk product and
only on a single computer or other hardware device at any given time (the "License").
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.
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 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
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