SanDisk Sansa Connect - Manual (Page 34)

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proprietary rights therein. Contractor or Manufacturer is SanDisk Corporation, 140 Caspian Court,
Sunnyvale, CA 94089.
7. Transfer. If you sell or otherwise transfer the SanDisk product that incorporates the Software as a
whole, you may transfer the Software as fully integrated into such product provided that you also
supply this Agreement to the purchaser or recipient of the product, at which time all of your rights
under this Agreement will immediately cease. Except as stated above, you may not assign or
transfer this Agreement in part or in whole, and any attempt to do so shall be void.
8. Termination. We may terminate this Agreement and the license immediately and without notice if
you breach it. Upon termination of this Agreement, you must delete or destroy all copies of the
Software.
9. 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 AND ITS LICENSORS DISCLAIM
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.
10. 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 controlling U.S. federal law 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, 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 each party. You agree that the Licensors are third party beneficiaries
of this Agreement to enforce your performance of the terms and conditions of this Agreement.
The provisions of Sections 2, 3, 4, 5, 6, 7, 8 and 9 shall survive the termination or expiration of this
Agreement.