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.
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. 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. ("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.
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
(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.