may be subject to additional terms and conditions in an agreement between you
and SanDisk’s third party licensors. By downloading, installing or using the
accompanying Software, you agree to all of the terms of this End User License
Agreement between SanDisk Corporation (“SanDisk,” “we,” or “us”) and each
person who downloads, installs or uses the Software (“you” or “your”). The
Software is owned by SanDisk or by others including Portal Player Inc.
(“Licensors”) who permit SanDisk to distribute their Software. If you do not
agree to the following terms and conditions, do not install or use the Software.
The Software is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.
Software License. Subject to the terms and conditions contained herein, SanDisk
grants to you a limited, non-exclusive, non-sub licensable, transferable in
accordance with these terms, royalty-free right and license under SanDisk’s
intellectual property rights to use the Software in executable form for SanDisk
products and services solely for your personal use on a single computer (the
"License"). For each Software licensee, the Software can be “in use” on only one
computer or hardware device at any given time. The Software is “in use” when it
is either downloaded, copied, loaded into RAM or installed into the hard disk or
other permanent memory of a computer or other hardware device. SanDisk and
its Licensors retain all right, title and interest in and to the Software.
Restrictions. SanDisk or its Licensors retain all rights in the Software not
expressly licensed to you. You may not modify, create derivative works (new
versions) of, adapt or translate the Software. No source code is provided under
this Agreement. You may not reverse engineer, disassemble, decompile, rent, or
lease the Software, or re-create or discover the source code version of the
Software. The Software contains proprietary and confidential information of
SanDisk or its Licensors, which you agree not to discover or reveal to others.
Any and all permitted copies of the Software that you make or distribute must be
unmodified, must contain all of the original Software’s proprietary notices, and
must include or be accompanied by this Agreement. You may not separate the
Software into component parts for sublicense, distribution or transfer to a third
party. You may not embed the Software within any other software product or
modify the Software in whole or in part in any manner.
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.
