SanDisk C240 User Guide - Page 15

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3. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES. 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. 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, USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE. 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 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 Boulevard, Milpitas, CA 95035. 6. Termination. We may terminate this Agreement and the license if you violate this Agreement at any time. Upon termination of this Agreement, you must delete or destroy all copies of the Software. 7. 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 DISCLAIMS 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. 8. 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 the Federal laws of the United States of America 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 reexport 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, or otherwise 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. The provisions of Sections 3, 4, 5, 6, 7 and 8 shall survive the termination or expiration of this Agreement.

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3. DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES.
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.
IN NO EVENT WILL SANDISK OR ITS LICENSORS, OR THEIR RESPEC-
TIVE 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, USE OR PERFORMANCE OR
NON-PERFORMANCE OF THE SOFTWARE.
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 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 Boulevard, Milpitas, CA 95035.
6. Termination.
We may terminate this Agreement and the license if you violate this Agreement at any
time.
Upon termination of this Agreement, you must delete or destroy all copies of the Software.
7. 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 DISCLAIMS 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.
8. 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 the
Federal laws of the United States of America 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 jurisdic-
tion and venue of such courts.
You will not remove or export from the United States or reexport 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, or otherwise 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.
The
provisions of Sections 3, 4, 5, 6, 7 and 8 shall survive the termination or expiration of this Agreement.