Acceptance of
Terms
The following are terms of a legal
agreement between you and SanDisk Corporation ("SanDisk"). SanDisk
is registered in the State of Delaware, United States and has its
registered office at 601 McCarthy Boulevard, Milpitas, California
95035, Tel: (001) 408 801 1000, Fax: (001) 408 801 8657, e-mail: info_web@sandisk.com.
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.
Use
Restrictions
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.
SanDisk Privacy
Policy
Your use of the SanDisk Site is
subject to SanDisk's privacy policy. For information on SanDisk's
privacy practices, please see the privacy policy at Privacy Policy. If you are
a non-U.S. user of the SanDisk Site, your use of the SanDisk Site
may be subject to additional policies or restrictions including
those relating to privacy which are expressly incorporated into
this agreement with you.
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
All personal data information
provided to SanDisk through this SanDisk Site or by email, such as
product registration information or information necessary to
complete purchases of SanDisk's products, will be handled in
accordance with SanDisk's Privacy Policy.
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., 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.
Disclaimer
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.
Copyright
Policy
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:
- an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed, including the URL (web page address) of the location
where the copyrighted work exists or a copy of the copyrighted
work; ;
- a description of where the material that you claim is
infringing is located on the SanDisk Site, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
SanDisk's Copyright Agent for Notice
of claims of copyright infringement can be reached as
follows:
By mail:
SanDisk DMCA Copyright Agent
SanDisk Corporation
601 McCarthy Blvd.
Milpitas, CA 95035
+1 (408) 801-1000
Dmca-agent@sandisk.com
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.
Revisions
SanDisk may at any time revise these
Terms of Use by updating this posting. By using this SanDisk Site,
you agree to be bound by any such revisions and should therefore
periodically visit this page to determine the then-current Terms of
Use to which you are bound.