may be subject to additional terms and conditions in an agreement between you
and SanDisk’s third party licensors. By downloading, installing or using the
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Agreement between SanDisk Corporation (“SanDisk,” “we,” or “us”) and each
person who downloads, installs or uses the Software (“you” or “your”). The
Software is owned by SanDisk or by others including Portal Player Inc.
(“Licensors”) who permit SanDisk to distribute their Software. If you do not
agree to the following terms and conditions, do not install or use the Software.
The Software is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.
Software License. Subject to the terms and conditions contained herein, SanDisk
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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 right, title and interest in and to the Software.
Restrictions. SanDisk or its Licensors retain all rights in the Software not
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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
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must include or be accompanied by this Agreement. You may not separate the
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modify the Software in whole or in part in any manner.
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APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”
WITH NO WARRANTIES. NEITHER SANDISK NOR ITS LICENSORS MAKE ANY
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FROM THE COURSE OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY,
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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.