SANDISK CORPORATION
END USER LICENSE AGREEMENT
DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE until you have carefully read the terms of this End User License Agreement (“Agreement”).  By downloading, uSING or installing the Software, you agree to all of the terms of this Agreement.  If you do not agree to all of the terms, do not download, install OR USE the Software and, if applicable, promptly return it to your place of purchase for a refund. if the software was included with your purchase of hardware, you must return the entire hardware/software package in order to obtain a refund.  IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “nOT ACCEPT” to stop the download process. 
The firmware, computer programs, device drivers, data or information (“Software”) is provided to each person who downloads, uses or installs the Software (“you” or “your”) under the terms of this Agreement between you and SanDisk Corporation (“SanDisk,” “we,” or “us”), and may be subject to additional terms and conditions in an agreement between you and SanDisk’s third party licensors (“Licensors”). The Software is owned by SanDisk or its Licensors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 
1.	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 or other SanDisk hardware device on a single computer or hardware host 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 host device.  
2.	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.  Except for your own personal use on SanDisk products or other SanDisk hardware devices or for backup archival purposes, you may not separate the Software from the SanDisk product or hardware host device or separate the Software into component parts for sublicense, distribution or transfer to any third party.    
3.	Third Party Services, Content, Software; Cookies.  The Software may enable access to a number of services, content or software offered by third parties (each, a “Product”). Some Products may be provided only for your evaluation and have limited functionality or cease functioning after a defined period of time. Each Product will be subject to the terms and conditions and privacy policy of the Product provider and you may be required to agree to those terms prior to accessing or using the Product or prior to upgrading from an evaluation Product to a full-featured version of the same.  Certain Products may download cookies onto your PC.  SanDisk is not responsible for those cookies and does not receive any information from them.  Please review carefully the privacy and cookie policies related to each Product to inform yourself on this matter.  A Product provider, in its sole discretion, may choose to terminate, modify, suspend, or reduce any and all features and functionality of the Product at any time.  The Product provider also has sole discretion to restrict, suspend or terminate your access to the Product at any time.  SANDISK IS NOT RESPONSIBLE FOR ANY CLAIMS, DAMAGES OR OTHER LOSSES YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH YOUR USE OF OR ACCESS TO ANY THIRD PARTY PRODUCTS.
4.	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.
5.	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.
6.	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, CA 95035.
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, 9, and 10 shall survive the termination or expiration of this Agreement.