SanDisk e200 User Manual

Page 39

Sansa_e200_UserManual.doc

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.

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.