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REFUND. IF THE SOFTWARE WAS INCLUDED WITH YOUR PURCHASE OF
HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN
ORDER TO OBTAIN A REFUND. IF THE SOFTWARE WAS ACCESSED
ELECTRONICALLY, CLICK “NOT ACCEPT” TO STOP THE DOWNLOAD PROCESS.
The firmware, computer programs, device drivers, data or information (“Software”)
is provided to each person who downloads, uses or installs the Software (“you” or
“your”) under the terms of this Agreement between you and SanDisk Corporation
(“SanDisk,” “we,” or “us”), and may be subject to additional terms and conditions in
an agreement between you and SanDisk’s third party licensors (“Licensors”). The
Software is owned by SanDisk or its Licensors. 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 license under
SanDisk’s intellectual property rights to use the Software in executable form
solely for your personal use only with a SanDisk product and only on a single
computer or other hardware device at any given time (the "License"). 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.
Restrictions. SanDisk and its Licensors retain all rights in the Software not
expressly granted to you. You may not modify, adapt, translate or create
derivative works (new versions) of the Software. No source code is provided
under this Agreement. You may not reverse engineer, disassemble,
decompile, rent, lease, or encumber the Software, or re-create or discover
the source code of the Software. You may not embed or combine the
Software within any other software product or device. The Software contains
proprietary and confidential information of SanDisk and 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.
DISCLAIMER OF WARRANTIES
. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS
AVAILABLE” WITH NO WARRANTIES AND 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
43


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