SanDisk® Global Customer Support (Europe)
SANDISK® PRODUCT END USER LICENSE AGREEMENT
[This is a sample EULA for a SanDisk® Product. For the terms governing your specific product, please reach out to SanDisk® Customer Service.]
SANDISK® PRODUCT 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 "DECLINE" 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 Western Digital Technologies, Inc., on behalf of itself and its affiliates (collectively "WDT," "we," or "us"), and may be subject to different terms and conditions in an agreement between you and our third party licensors ("Licensors"). The Software is owned by WDT or its Licensors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Use of this application, in compliance with all copyright and applicable intellectual property laws, remains the responsibility of the user of this application.
1. Software License. Subject to the terms and conditions contained herein, WDT grants to you a limited, non-exclusive, non-sublicensable, transferable in accordance with these terms, royalty-free license under our 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.
2. Restrictions. WDT 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 WDT 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. The convert, save and copy features of the Software are intended only for use with public domain or properly licensed content and content creation tools.
3. Database Updates. The Software includes a database that defines mobile phone profiles. When you use the Software to transfer or copy your files onto a flash memory product and identify the mobile phone on which the card will be used, the database helps the Software identify how to best format your files so that you can access them more easily on the mobile phone you have specified. An updated mobile phone profile database is sent to your computer whenever you use the Software and have an active internet connection. You therefore agree that WDT may upload such updated mobile phone database onto your computer.
4. Privacy and Use of Data. The software is not designed to capture or retain any personal or private information about you or retrieve any personally identifiable information from your computer by uploading such database set forth in Section 3 above. However, the Software processes and stores certain information about your usage of the Software in encrypted format on your computer and may periodically access your computer to upload such usage information in order to improve the customer experience and to develop and improve our products and services. You will be given the option to allow the automatic upload of aggregated usage information. If consented, such data will be collected, stored and evaluated on an aggregated basis only without use of your personally identifiable information. From time to time, WDT may share such aggregated usage data with our partners and suppliers in order to improve or design products or services. WDT reserves the title, ownership and all rights and interests in and to any intellectual property or work product resulting from the use and analysis of usage information. By downloading and using the Software, you represent and warrant that you are fully responsible for, and agree to indemnify WDT, its subsidiaries, affiliates, officers and employees, for any breach thereof, complying with all applicable laws and regulations globally regarding your use of the Software as well as compliance with the terms and conditions and policies of the applicable social media or other website(s) or sources with which you are using the Software to interface, upload, and/or share as with similar applications from your computer or mobile device.
5. 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 WDT 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 NONINFRINGEMENT 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 WDT, ITS LICENSORS OR RESELLERS, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WDT 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 WDT 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 WDT'S OR ITS LICENSORS' TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE USE OF THE SOFTWARE.
7. 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 our proprietary rights therein.
8. 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.
9. 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.
10. 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"). WDT 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.
11. Open Source Software. The Software may incorporate open source software owned and licensed by third parties ("Open Source Software") as set forth in "Third Party Notices for SanDisk® Media Manager". Such Open Source Software is licensed to you under terms provided by the third party licensors and not the terms of this Agreement. You agree not to remove and to reproduce any third party copyright notices, licensing statements or list of disclaimers included with the Software with regard to each copy of the Software you receive or make subject to the terms of this Agreement. You acknowledge and agree that the provisions of Sections 5 and 6 apply to such Open Source Software.
12. 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, 10, 11 and 12 shall survive the termination or expiration of this Agreement.
SANDISK® PRODUCT 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 "DECLINE" 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 Western Digital Technologies, Inc., on behalf of itself and its affiliates (collectively "WDT," "we," or "us"), and may be subject to different terms and conditions in an agreement between you and our third party licensors ("Licensors"). The Software is owned by WDT or its Licensors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Use of this application, in compliance with all copyright and applicable intellectual property laws, remains the responsibility of the user of this application.
1. Software License. Subject to the terms and conditions contained herein, WDT grants to you a limited, non-exclusive, non-sublicensable, transferable in accordance with these terms, royalty-free license under our 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.
2. Restrictions. WDT 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 WDT 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. The convert, save and copy features of the Software are intended only for use with public domain or properly licensed content and content creation tools.
3. Database Updates. The Software includes a database that defines mobile phone profiles. When you use the Software to transfer or copy your files onto a flash memory product and identify the mobile phone on which the card will be used, the database helps the Software identify how to best format your files so that you can access them more easily on the mobile phone you have specified. An updated mobile phone profile database is sent to your computer whenever you use the Software and have an active internet connection. You therefore agree that WDT may upload such updated mobile phone database onto your computer.
4. Privacy and Use of Data. The software is not designed to capture or retain any personal or private information about you or retrieve any personally identifiable information from your computer by uploading such database set forth in Section 3 above. However, the Software processes and stores certain information about your usage of the Software in encrypted format on your computer and may periodically access your computer to upload such usage information in order to improve the customer experience and to develop and improve our products and services. You will be given the option to allow the automatic upload of aggregated usage information. If consented, such data will be collected, stored and evaluated on an aggregated basis only without use of your personally identifiable information. From time to time, WDT may share such aggregated usage data with our partners and suppliers in order to improve or design products or services. WDT reserves the title, ownership and all rights and interests in and to any intellectual property or work product resulting from the use and analysis of usage information. By downloading and using the Software, you represent and warrant that you are fully responsible for, and agree to indemnify WDT, its subsidiaries, affiliates, officers and employees, for any breach thereof, complying with all applicable laws and regulations globally regarding your use of the Software as well as compliance with the terms and conditions and policies of the applicable social media or other website(s) or sources with which you are using the Software to interface, upload, and/or share as with similar applications from your computer or mobile device.
5. 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 WDT 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 NONINFRINGEMENT 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 WDT, ITS LICENSORS OR RESELLERS, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WDT 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 WDT 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 WDT'S OR ITS LICENSORS' TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE USE OF THE SOFTWARE.
7. 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 our proprietary rights therein.
8. 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.
9. 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.
10. 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"). WDT 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.
11. Open Source Software. The Software may incorporate open source software owned and licensed by third parties ("Open Source Software") as set forth in "Third Party Notices for SanDisk® Media Manager". Such Open Source Software is licensed to you under terms provided by the third party licensors and not the terms of this Agreement. You agree not to remove and to reproduce any third party copyright notices, licensing statements or list of disclaimers included with the Software with regard to each copy of the Software you receive or make subject to the terms of this Agreement. You acknowledge and agree that the provisions of Sections 5 and 6 apply to such Open Source Software.
12. 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, 10, 11 and 12 shall survive the termination or expiration of this Agreement.
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