Seagate SkyHawk AI Product Manual, Rev. F
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THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICE CHARGED FOR THIS PROGRAM OR SERVICES, IF ANY. YOU
ACKNOWLEDGE THAT THE PRICE OF THIS PROGRAM WOULD BE MUCH GREATER IF WE UNDERTOOK MORE EXTENSIVE
LIABILITY. THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, OR THE FAILURE OF
ANY REMEDY.
Compliance with Laws.
You agree to comply with all such laws and regulations and all other applicable laws, statutes, ordinances and regulations relating to
the Program. You acknowledge that violations of these Program Terms could subject you to criminal or civil penalties. The goods
licensed or provided, or services provided, through the Program, which may include technology and software, are subject to the
customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations
of the country in which the products are manufactured or received. Further, under U.S. law, such goods may not be sold, leased or
otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to
weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear
weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge you are
not a restricted end-user or involved in any of the restricted activities above, and that you will comply with and abide by these laws
and regulations. Seagate reserves the right to refuse service to or the return of any storage devices that have been determined to
violate these regulations.
Cancellation.
http://www.seagate.com/services-software/recover/resources/
, or you simply may refrain from submitting a request for
Rescue services. These Program Terms remain applicable to your and SRS's rights and obligations with respect to any services
requested by you under this Program.
Assignment.
You may not assign your rights or obligations under these Program Terms without SRS’ express written consent.
Dispute Resolution.
The parties will attempt to resolve any dispute arising out of or related to these Program Terms or any data recovery services
requested or attempted hereunder through good faith negotiation. To the extent permitted by applicable law, if the parties are
unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration
with the Judicial Arbitration and Mediation Services. Each party will bear its own costs in arbitration, provided that Seagate reserves
the right, in its discretion, to pre-pay certain fees you may incur in connection with the arbitration subject to refund if you do not
prevail.
Both parties waive their rights to a jury trial.
All proceedings will take place in Santa Clara County, California, USA. The
laws of the State of California will exclusively govern these Program Terms and our provision of any data recovery services, without
regard to California's conflicts of laws rules. You consent to the exclusive jurisdiction of the courts located in Santa Clara County,
California, USA.
Severability.
If any provision of these Program Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent
permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
Legal Effect.
These Program Terms describe certain legal rights. You may have other rights under applicable law. These Program Terms do not
change your rights under applicable law if such laws do not permit these Program Terms to do so. Also, the Program and these
Program Terms are in addition and unrelated to any rights you may have under a Seagate warranty statement.
SRS Companies.
The following SRS companies may provide the services described in these Program Terms:
(a) Seagate Technology LLC, with offices at 3101 Jay Street, Suite 110, Santa Clara, California 95054;
(b) Seagate Technology Canada Inc., with offices at 2421 Bristol Circle, Suite A100, Oakville, Ontario, Canada L6H 5S9;
and/or
(c) Seagate Technology (Netherlands) B.V., with offices at Koolhovenlaan 1, 1119 PA, Schiphol-Rijk, The Netherlands.
