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.
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, California 95035.
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.
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.
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 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, 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
