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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. 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.
FCC REGULATION
This device complies with part 15 of the FCC Rules. Operation is subject to
the following two conditions:
1. This device may not cause harmful interference, and
2. This device must accept any interference received, including interference
that may cause undesired operation.
This equipment has been tested and found to comply with the limits for a
Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are
designed to provide reasonable protection against harmful interference in a
residential installation. This equipment generates, uses, and can radiate
radio frequency energy and, if not installed and used in accordance with the
45


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