SanDisk Sansa e200 User Manual page 44

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.
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,
601 McCarthy Blvd., Milpitas, CA 95035.
6. 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.
7. 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.
8. 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.
9. General. This Agreement contains the entire understanding between
the parties with respect to your use of the Software.
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
This Agreement is governed by and construed under the laws of the
terms.
State of California and controlling U.S. federal law without regard to conflicts
Learn More, Service, and Warranty Information
If any part of this
41