Acceptance of Terms
The following are terms of a legal agreement between you and SanDisk Corporation ("SanDisk"). By accessing, browsing and/or using this web site located at www.sandisk.com and/or web sites of any SanDisk subsidiary or affiliate (collectively the "SanDisk Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this SanDisk Site. In using the SanDisk Site, you represent and warrant that you are at least 18 years of age and have any and all permissions necessary to enter into and be bound by this agreement.
The material provided on this SanDisk Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on this SanDisk Site is held by SanDisk or by its respective manufacturers, authors, developers and vendors (the "Third Party Providers"). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SanDisk or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this SanDisk Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SanDisk's permission, "mirror" any material contained on this SanDisk Site on any other server. You acknowledge that nothing on this SanDisk Site shall be construed as conferring any license to you from SanDisk, its subsidiaries, or affiliates or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on this SanDisk Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the SanDisk Site (the "Software") is the copyrighted work of SanDisk, its subsidiaries, affiliates, or suppliers. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Submission of Unsolicited Ideas
It is SanDisk standard corporate practice that confidential or proprietary information from you not be submitted through this SanDisk Site or by email. If you transmit such information in contravention of SanDisk standard corporate practice, any material, information or idea you transmit to SanDisk by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by SanDisk or its affiliates without compensation to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, unless otherwise agreed in writing by an authorized SanDisk representative.
Submission of Personal Information
Access from Outside the U.S.
This SanDisk Site is controlled and operated by SanDisk from its offices within the United States. SanDisk makes no representation that materials in the SanDisk Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this SanDisk Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this SanDisk Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the SanDisk Site or other materials available through this SanDisk Site (the "Materials") may be subject to the U.S. Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such Materials contrary to U.S. law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Links to Third-Party Sites and Co-Branded Sites
The SanDisk Site may contain links to third-party sites, however, please be aware that SanDisk is not responsible for and cannot control these other sites. The SanDisk Site may also contain links to co-branded web sites that are maintained by third parties by agreement with SanDisk. For example, SanDisk uses a site co-branded with Digital River, Inc. ("Digital River")., to fulfill SanDisk online purchases from the United States and Canada. SanDisk makes no representations whatsoever about any other web site which you may access through the SanDisk Site. When you access a non-SanDisk web site, even one that may contain the SanDisk logo, please understand that it is independent from SanDisk, and that SanDisk may have no control over the content on that Web site. In addition, a link to a non-SanDisk web site does not mean that SanDisk endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SANDISK SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL SANDISK BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SANDISK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST SANDISK FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD SANDISK ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE SANDISK, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE SANDISK SITE.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ALL INFORMATION IS PROVIDED BY SANDISK ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. SANDISK PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
SanDisk respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SanDisk's Copyright Agent the following information:
SanDisk's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
ATTN: DMCA Copyright Agent
951 SanDisk Drive
Milpitas, CA 95035-7933
U.S. Government Restricted Rights
The materials on this SanDisk Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of SanDisk's proprietary rights in them.
Choice of Law
Any claim relating to, and the use of, this SanDisk Site and the materials contained herein is governed by the laws of the state of California without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution any and all disputes arising out of or relating to your use of the SanDisk Site. You further agree and covenant not to bring suit in any other jurisdiction.