SanDisk SDMX18R-004GB-A57 User Manual - Page 34

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. TO THE EXTENT NOT PROHIBITED BY LAW, 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, DISTRIBUTION, USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, EVEN IF SANDISK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. 4. 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 252.2277013 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. 5. 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. 6. 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. 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 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. 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 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 Tips & Troubleshooting 31