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252.227-7013 et seq. Use of the Software by the Government constitutes
acknowledgement of SanDisk’s proprietary rights therein. Contractor or Manufacturer is
SanDisk Corporation, 601 McCarthy Blvd, Milpitas, CA 95035.
6.
Transfer. If you sell or otherwise transfer the SanDisk product that incorporates the
Software as a whole, you may transfer the Software as fully integrated into such product
provided that you also supply this Agreement to the purchaser or recipient of the product,
at which time all of your rights under this Agreement will immediately cease. Except as
stated above, you may not assign or transfer this Agreement in part or in whole, and any
attempt to do so shall be void.
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.
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