2 SOFTWARE LICENSE AGREEMENT
4 IMPORTANT! READ CAREFULLY:
5 THIS SOFTWARE LICENSE AGREEMENT (the ``Agreement'') is a legal
6 agreement between you (either an individual or a single entity) and
7 M-Systems Flash Disk Pioneers Ltd. ("M-Systems").
8 This Agreement relates to the M-Systems' software accompanying this
9 Agreement, which includes computer software and may include associated
10 media, printed materials, and ``online'' or electronic documentation
11 (the ``Licensed Software'').
12 By downloading, installing, copying, or otherwise using the Licensed
13 Software, you agree to be bound by the terms of this Agreement.
14 If you do not agree to the terms of this Agreement, do not install,
15 copy or use the Licensed Software.
17 The Licensed Software is protected by copyright laws and international
18 copyright treaties, as well as other intellectual property laws and
19 treaties. The Licensed Software is licensed, not sold.
20 The Licensed Software is being provided solely for use with M-Systems'
21 DiskOnChip® product lines.
23 (a) Grant of License. Subject to the terms and conditions of this
24 Agreement, M-Systems hereby grants you a nonexclusive,
25 royalty-free, worldwide license (including the right to
26 sublicense) to use, copy and distribute the Licensed Software
27 with M-Systems DiskOnChip® products.
28 (b) Restrictions on Use. The Licensed Software is licensed solely
29 for use with and to support M-Systems' DiskOnChip® products.
30 Use of this Licensed Software with, or to support, any other
31 flash disk, flash card, resident flash array or solid state
32 disk of any kind is expressly prohibited, and constitutes an
33 illegal infringement of M-Systems' patent, copyright and other
34 rights in and to the Licensed Software.
35 2. Limitations on Reverse Engineering, Decompilation, and
36 Disassembly. You may not reverse engineer, decompile, or
37 disassemble the Licensed Software, except and only to the
38 extent that such activity is expressly permitted by applicable
39 law notwithstanding this limitation.
40 3. Termination. Without prejudice to any other rights, M-Systems
41 may terminate this Agreement if you fail to comply with the
42 terms and conditions of this Agreement. In such event, you must
43 destroy all copies of the Licensed Software and all of its
45 4. Intellectual Property Rights. Title to the Licensed Software,
46 and all rights with respect to the Software not specifically
47 granted under this Agreement, including without limitation
48 all rights of modification, disassembly and decompilation and
49 all copyright, patent, trademark, trade secret and other
50 proprietary rights and interests are reserved to M-Systems.
51 You may not remove or alter the "README" or "COPYRIGHT" files
52 or copyright notices in the Licensed Software.
53 5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
54 applicable law, M-Systems and its suppliers provide the Product
55 and any (if any) support services related to the Product
56 ("Support Services") AS IS AND WITH ALL FAULTS, and hereby
57 disclaim all warranties and conditions, either express,
58 implied or statutory, including, but not limited to, any
59 (if any) implied warranties or conditions of merchantability,
60 of fitness for a particular purpose, of lack of viruses, of
61 accuracy or completeness of responses, of results, and of lack
62 of negligence or lack of workmanlike effort, all with regard
63 to the Product, and the provision of or failure to provide
64 Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF
65 TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
66 DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
67 THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
68 PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY,
70 6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
71 DAMAGES. To the maximum extent permitted by applicable law,
72 in no event shall M-Systems or its suppliers be liable for
73 any special, incidental, indirect, or consequential damages
74 whatsoever (including, but not limited to, damages for loss
75 of profits or confidential or other information, for business
76 interruption, for personal injury, for loss of privacy, for
77 failure to meet any duty including of good faith or of
78 reasonable care, for negligence, and for any other pecuniary
79 or other loss whatsoever) arising out of or in any way related
80 to the use of or inability to use the Product, the provision
81 of or failure to provide Support Services, or otherwise under
82 or in connection with any provision of Agreement, even in the
83 event of the fault, tort (including negligence), strict
84 liability, breach of contract or breach of warranty of
85 M-Systems or any supplier, and even if M-Systems or any
86 supplier has been advised of the possibility of such damages.
87 7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any
88 damages that you might incur for any reason whatsoever
89 (including, without limitation, all damages referenced above
90 and all direct or general damages), the entire liability of
91 M-Systems and any of its suppliers under any provision of this
92 Agreement and your exclusive remedy for all of the foregoing
93 shall be limited to the greater of the amount actually paid by
94 you for the Product or U.S.$5.00. The foregoing limitations,
95 exclusions and disclaimers shall apply to the maximum extent
96 permitted by applicable law, even if any remedy fails its
99 The laws of the State of California, United States of America,
100 exclusive of conflict-of-laws provisions, shall govern this
101 Agreement in all respects.