SanDisk Rhapsody User Manual

Page 39

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, 140 Caspian Court, Sunnyvale,
CA 94089.

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