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Software license, Restrictions, Disclaimer of warranties – SanDisk Sansa SLOTMUSIC PLAYER-UM608-ENG User Manual

Page 14: Limitation of liability

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Software License.

Subject to the terms and conditions contained herein, SanDisk grants to you a limited,

non-exclusive, non-sublicensable, 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 DEFECTIVE, YOU, AND NOT SANDISK, ITS LICENSORS OR

RESELLERS, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION.

LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, 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, DISTRIBUTION, USE OR

PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, EVEN IF SANDISK HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. 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.

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