42
LICENSORS, LICENSEES OR AFFILIATES, BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE
DOWNLOAD, USE OR PERFORMANCE OR
NON-PERFORMANCE OF THE SOFTWARE. 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,
140 Caspian Court, Sunnyvale, CA 94089.
6. Termination. We may terminate this Agreement and the
license if you violate this Agreement at any time. Upon
termination of this Agreement, you must delete or destroy all
copies of the Software.
7. 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
