Service and Warranty Information
29
7. Termination. We may terminate this Agreement and the license immediately
and without notice if you breach it. Upon termination of this Agreement, you must
delete or destroy all copies of the Software.
8. High
Risk
Activities. The Software is not fault-tolerant and is not designed or
intended for use in hazardous environments requiring fail-safe performance, or any
other application in which the failure of the Software could lead directly to death,
personal injury, or severe physical or property damage (collectively, “High Risk
Activities”). SANDISK AND ITS LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES AND SHALL NOT BE LIABLE
FOR ANY LIABILITIES OR DAMAGES ARISING FROM SUCH USE.
9. General. This Agreement contains the entire understanding between the
parties with respect to your use of the Software. If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the balance of this
Agreement, which shall remain valid and enforceable according to its terms. This
Agreement is governed by and construed under the laws of the State of California
and controlling U.S. federal law without regard to conflicts of laws provisions
thereof. The U.N. Convention on Contracts for the International Sale of Goods
shall not apply to this Agreement. Any action or proceeding arising from or
relating to this Agreement shall be adjudicated in the state or federal courts of
Santa Clara County, California, and the parties hereby agree to the exclusive
jurisdiction and venue of such courts. You will not remove or export from the
United States or re-export from anywhere any part of the Software or any direct
product thereof to any country in violation of U.S. Export Administration
Regulations, or a successor thereto, except in compliance with and with all licenses
and approvals required under applicable export laws and regulations including,
without limitation, those of the U.S. Department of Commerce. Any waivers or
amendments of this Agreement shall be effective only if made in writing and signed
by an authorized representative of each party. You agree that the Licensors are
third party beneficiaries of this Agreement to enforce your performance of the
terms and conditions of this Agreement. The provisions of Sections 2, 3, 4, 5, 6, 7,
8 and 9 shall survive the termination or expiration of this Agreement.
FCC Regulation
This device complies with part 15 of the FCC Rules. Operation is subject to the
following two conditions:
1)
This device may not cause harmful interference, and
2)
This device must accept any interference received, including interference that
may cause undesired operation.
This equipment has been tested and found to comply with the limits for a Class B
digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to
provide reasonable protection against harmful interference in a residential
installation. This equipment generates, uses, and can radiate radio frequency
energy and, if not installed and used in accordance with the instructions, may
cause harmful interference to radio communications. However, there is no
guarantee that interference will not occur in a particular installation. If this
equipment does cause interference to radio or television reception, which can be
