SANDISK CORPORATION

Welcome to SanDisk Memory Zone. Please read and accept the terms of this End User License Agreement and Privacy Policy (available via link below) before use. If you agree to these terms, click “ACCEPT” below. If you do not agree, click “DECLINE” and uninstall the software. DO NOT USE THIS MEMORY ZONE SOFTWARE (“SOFTWARE”) UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). THIS SOFTWARE IS LICENSED (NOT SOLD) TO YOU AT NO CHARGE. YOU AGREE, UPON INITIAL DOWNLOAD AND FROM TIME TO TIME WHEN YOU RUN THE SOFTWARE, TO MAKE AVAILABLE CERTAIN DATA REGARDING YOUR USE OF THE SOFTWARE AND THE DEVICE(S) ON WHICH THE SOFTWARE IS INSTALLED FOR THE PURPOSES OF IMPROVEMENTS TO SANDISK’S PRODUCTS AND SERVICES OR TO RECOMMEND ADDITIONAL PRODUCTS AND SERVICES. IN ADDITION, FROM TIME TO TIME, SANDISK MAY MAKE AVAILABLE AGGREGATE USAGE DATA TO AFFILIATED THIRD PARTIES IN ORDER FOR SUCH THIRD PARTIES TO IMPROVE THEIR PRODUCTS AND SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU NEED TO IMMEDIATELY STOP USING AND UNINSTALL THE SOFTWARE FROM YOUR DEVICE. The Software is provided to each person who downloads, uses or installs the Software (“you” or “your”) under the terms of this Agreement between you and SanDisk Corporation (“SanDisk,” “we,” or “us”), and may be subject to different terms and conditions in an agreement between you and SanDisk’s third party licensors (“Licensors”). The Software is owned by SanDisk or its Licensors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Use of this application, in compliance with all copyright and applicable intellectual property laws, remains the responsibility of the user of this application. In the event of a conflict in terms between the Privacy Policy and this End User License Agreement, this End User License Agreement will control. 1. Software License. Subject to the terms and conditions contained herein, SanDisk grants to you a limited, non-exclusive, non-sublicensable, transferable in accordance with these terms, royalty-free license under SanDisk’s intellectual property rights to use the Software in executable form solely for your personal use only with a SanDisk product and only on a single computer or other hardware device at any given time (the “License”). The Software is “in use” when it is either downloaded, copied, loaded into RAM or installed into the hard disk or other permanent memory of a computer or other hardware device. 2. Restrictions. SanDisk and its Licensors retain all rights in the Software not expressly granted to you. You may not modify, adapt, translate or create derivative works (new versions) of the Software. No source code is provided under this Agreement. You may not reverse engineer, disassemble, decompile, rent, lease, or encumber the Software, or re-create or discover the source code of the Software. You may not embed or combine the Software within any other software product or device. The Software contains proprietary and confidential information of SanDisk and its Licensors, which you agree not to discover or reveal to others. Any and all permitted copies of the Software that you make or distribute must be unmodified, must contain all of the original Software’s proprietary notices, and must include or be accompanied by this Agreement. You may not separate the Software into component parts for sublicense, distribution or transfer to a third party. The convert, save and copy features of the Software are intended only for use with public domain or properly licensed content and content creation tools. 3. Privacy and Use of Data. Your privacy matters. Please see SanDisk’s Privacy Policy for further information. If you choose to enter your login credentials for third party service provider sites, you may be transmitted to such service provider site for authentication and issuance of a session ID, which will be stored on your device hosting this Software. Passwords which you have entered for the service providers may also be stored in an encrypted format on the device hosting this Software. Upon Software download and from time to time thereafter, we may collect and use technical and other similar information. The information gathered by this Software is not intended to personally identify you but you agree that it may be used by us and/or SanDisk customers or third parties to whom we provide the data, for the purposes of analytics and improving products and services. Information collected and used by this Software includes but is not limited to: (1) the characteristics of your device, such as equipment model, model number, hashed (de-identified) international mobile equipment identity (IMEI) number, memory usage, file type extensions (for example, such as .txt or .jpg, however this application will not view or transmit the content of such files); and (2) types and sizes of back-up files, restore usage, frequency of use of this Software and its features and ad usage information. 4. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITH NO WARRANTIES. NEITHER SANDISK NOR ITS LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, STATUTORY OR OTHERWISE, IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, AND (2) ANY WARRANTIES OF ANDROID PRODUCTS OR SERVICES, OR THOSE OF ANDROID-RELATED THIRD PARTIES. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT SANDISK, ITS LICENSORS OR RESELLERS, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. SANDISK IS UNDER NO OBLIGATION TO CREATE OR PROVIDE SOFTWARE UPDATES, UPGRADES OR TO PROVIDE SOFTWARE SUPPORT AND MAINTENANCE. 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SANDISK OR ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, LICENSORS, LICENSEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, DISTRIBUTION, USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, EVEN IF SANDISK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY REMEDY PROVIDED FOR HEREUNDER IN ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SANDISK’S OR ITS LICENSORS’ TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE USE OF THE SOFTWARE. 6. The Software is provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFARS 252.227-7013 et seq. Use of the Software by the Government constitutes acknowledgement of SanDisk’s proprietary rights therein. Contractor or Manufacturer is SanDisk Corporation, 601 McCarthy Boulevard, Milpitas, CA 95035. 7. Transfer. If you sell or otherwise transfer the SanDisk product that incorporates the Software as a whole, you may transfer the Software as fully integrated into such product provided that you also supply this Agreement to the purchaser or recipient of the product, at which time all of your rights under this Agreement will immediately cease. Except as stated above, you may not assign or transfer this Agreement in part or in whole, and any attempt to do so shall be void. 8. Termination. We may terminate this Agreement and the license immediately and without notice if you breach it. Upon termination of this Agreement, you must delete or destroy all copies of the Software. 9. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”). SANDISK AND ITS LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES AND SHALL NOT BE LIABLE FOR ANY LIABILITIES OR DAMAGES ARISING FROM SUCH USE. 10. Open Source Software. The Software incorporates open source software owned and licensed by third parties (“Open Source Software”): the Android Software Development Kit (http://developer.android.com/sdk/terms.html) of Google Inc.; the Apache Commons™ Codec and Logging libraries (http://commons.apache.org), the Apache James Mime4j library (http://james.apache.org/mime4j/index.html), the Apache HttpComponents™ libraries (http://hc.apache.org/index.html), and the Facebook Android SDK (https://developers.facebook.com/docs/mobile/android/build/) are from Apache Software Foundation under Apache License Version 2.0, January 2004 (http://www.apache.org/licenses/LICENSE-2.0); the Jaxen (http://jaxen.codehaus.org/) library of Codehaus, the Oauth-Signpost (http://code.google.com/p/oauth-signpost/) libraries, the JSON.simple (http://code.google.com/p/json-simple/) library, the BOX platform source codes (http://developers.box.net/w/page/12923917/ApiExamples) of Box, and the Vcard source codes for Android 2.2 (http://source.android.com/) of Android Open Source Project are under Apache License Version 2.0, January 2004 (http://www.apache.org/licenses/LICENSE-2.0); the dom4j (http://dom4j.sourceforge.net/) library under BSD license (http://dom4j.sourceforge.net/license.html); the Dropbox SDK (https://www.dropbox.com/developers/releases) of Dropbox under MIT license. Such Open Source Software is licensed to you under terms provided by the third party open source licensors and not the terms of this Agreement. You agree not to remove and to reproduce any third party copyright notices, licensing statements or list of disclaimers included with the Software with regard to each copy of the Software you receive or make subject to the terms of this Agreement. You acknowledge and agree that the provisions of Sections 5 and 6 apply to such Open Source Software. In addition to other applicable disclaimers and other provisions in this Agreement, any Open Source Software is not licensed by SanDisk, is not under warranty nor indemnified by SanDisk of any kind. You agree to comply strictly with and provide attribution in accordance with the terms of any Open Source Software license. Further, you agree to indemnify, defend and hold SanDisk and its affiliates and licensors harmless, from any failure to comply with and/or provide proper attribution under, any such Open Source Software license. 11. Third Party Attributions. The Software has links to websites offering third party services: Box, Dropbox, GoogleDocs, Picasa, SugarSync, Facebook, Microsoft SkyDrive, and Admob. This application uses the SugarSync API but is not certified or endorsed by SugarSync. This application uses the AdMob SDK (http://www.admob.com/home/terms). 12. General. This Agreement contains the entire understanding between the parties with respect to your use of the Software. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement is governed by and construed under the laws of the State of California and controlling U.S. federal law without regard to conflicts of laws provisions thereof. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement shall be adjudicated in the state or federal courts of Santa Clara County, California, and the parties hereby agree to the exclusive jurisdiction and venue of such courts. You will not remove or export from the United States or re-export from anywhere any part of the Software or any direct product thereof to any country in violation of U.S. Export Administration Regulations, or a successor thereto, except in compliance with and with all licenses and approvals required under applicable export laws and regulations including, without limitation, those of the U.S. Department of Commerce. Any waivers or amendments of this Agreement shall be effective only if made in writing and signed by an authorized representative of each party. You agree that the Licensors are third party beneficiaries of this Agreement to enforce your performance of the terms and conditions of this Agreement. The provisions of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall survive the termination or expiration of this Agreement. Revised: May 24, 2012