24
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 perfor-
mance, 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 DISCLAIMS 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.
8.
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 un-
der the laws of the State of California and the Federal laws of the United
States of America 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 reexport 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, or otherwise
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. The provisions of Sections 3,
4, 5, 6, 7 and 8 shall survive the termination or expiration of this Agree-
ment.
