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SOFTWARE LICENSE AGREEMENT
IMPORTANT! READ CAREFULLY:
THIS SOFTWARE LICENSE AGREEMENT (the ``Agreement'') is a legal
agreement between you (either an individual or a single entity) and
M-Systems Flash Disk Pioneers Ltd. ("M-Systems").
This Agreement relates to the M-Systems' software accompanying this
Agreement, which includes computer software and may include associated
media, printed materials, and ``online'' or electronic documentation
(the ``Licensed Software'').
By downloading, installing, copying, or otherwise using the Licensed
Software, you agree to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, do not install,
copy or use the Licensed Software.
The Licensed Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Licensed Software is licensed, not sold.
The Licensed Software is being provided solely for use with M-Systems'
DiskOnChip® product lines.
1. License Grant.
(a) Grant of License. Subject to the terms and conditions of this
Agreement, M-Systems hereby grants you a nonexclusive,
royalty-free, worldwide license (including the right to
sublicense) to use, copy and distribute the Licensed Software
with M-Systems DiskOnChip® products.
(b) Restrictions on Use. The Licensed Software is licensed solely
for use with and to support M-Systems' DiskOnChip® products.
Use of this Licensed Software with, or to support, any other
flash disk, flash card, resident flash array or solid state
disk of any kind is expressly prohibited, and constitutes an
illegal infringement of M-Systems' patent, copyright and other
rights in and to the Licensed Software.
2. Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the Licensed Software, except and only to the
extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
3. Termination. Without prejudice to any other rights, M-Systems
may terminate this Agreement if you fail to comply with the
terms and conditions of this Agreement. In such event, you must
destroy all copies of the Licensed Software and all of its
component parts.
4. Intellectual Property Rights. Title to the Licensed Software,
and all rights with respect to the Software not specifically
granted under this Agreement, including without limitation
all rights of modification, disassembly and decompilation and
all copyright, patent, trademark, trade secret and other
proprietary rights and interests are reserved to M-Systems.
You may not remove or alter the "README" or "COPYRIGHT" files
or copyright notices in the Licensed Software.
5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
applicable law, M-Systems and its suppliers provide the Product
and any (if any) support services related to the Product
("Support Services") AS IS AND WITH ALL FAULTS, and hereby
disclaim all warranties and conditions, either express,
implied or statutory, including, but not limited to, any
(if any) implied warranties or conditions of merchantability,
of fitness for a particular purpose, of lack of viruses, of
accuracy or completeness of responses, of results, and of lack
of negligence or lack of workmanlike effort, all with regard
to the Product, and the provision of or failure to provide
Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY,
REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. To the maximum extent permitted by applicable law,
in no event shall M-Systems or its suppliers be liable for
any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss
of profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for
failure to meet any duty including of good faith or of
reasonable care, for negligence, and for any other pecuniary
or other loss whatsoever) arising out of or in any way related
to the use of or inability to use the Product, the provision
of or failure to provide Support Services, or otherwise under
or in connection with any provision of Agreement, even in the
event of the fault, tort (including negligence), strict
liability, breach of contract or breach of warranty of
M-Systems or any supplier, and even if M-Systems or any
supplier has been advised of the possibility of such damages.
7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any
damages that you might incur for any reason whatsoever
(including, without limitation, all damages referenced above
and all direct or general damages), the entire liability of
M-Systems and any of its suppliers under any provision of this
Agreement and your exclusive remedy for all of the foregoing
shall be limited to the greater of the amount actually paid by
you for the Product or U.S.$5.00. The foregoing limitations,
exclusions and disclaimers shall apply to the maximum extent
permitted by applicable law, even if any remedy fails its
essential purpose.
8. Miscellaneous
The laws of the State of California, United States of America,
exclusive of conflict-of-laws provisions, shall govern this
Agreement in all respects.
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