Application Guide

For software with a release date prior to July 2, 2016, this EULA shall constitute our agreement rather than the click-through EULA in
the program you are downloading (if applicable), such that the click-through EULA shall be of no force or effect.
END USER LICENSE AGREEMENT
DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ THE TERMS OF THIS
END USER LICENSE AGREEMENT (“AGREEMENT”). BY DOWNLOADING, INSTALLING OR THE SOFTWARE, YOU
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT
DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, PROMPTLY RETURN IT TO YOUR PLACE OF
PURCHASE FOR A REFUND. IF THE SOFTWARE WAS INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST
RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IF THE SOFTWARE WAS
ACCESSED ELECTRONICALLY, CLICK “DECLINE” TO STOP THE DOWNLOAD PROCESS.
The firmware, computer programs, device drivers, mobile applications, data or information (“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 Western Digital
Technologies, Inc. (“WDT,” “we,” or “us”), and may be subject to different terms and conditions in an agreement between you and
WDT’s or its affiliates’ third party licensors (“Licensors”). The Software is owned by WDT’s affiliates or WDT’s 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 and terms and conditions herein, is your
responsibility.
1. Software License. The Software is licensed and not sold. Subject to the terms and conditions contained herein, you are hereby granted
a limited, non-exclusive, non-sublicensable, transferable in accordance with these terms, royalty-free license under the intellectual
property rights of Western Digital Corporation and/or its affiliates to use the Software in executable form solely for your personal use
and only on the SanDisk-brand product on which the Software was pre-loaded (the "License"). The Software is “in use” when it is either
downloaded, copied, loaded on the SanDisk-brand device or the client device on which the Software is installed. 2. Restrictions. WDT
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. To the full extent allowed by applicable law,
you may not reverse engineer, disassemble, decompile, rent, lease, or encumber the Software, or reverse engineer 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 WDT and its Licensors, which you agree not to 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.
3. Privacy. Your privacy matters. Please see WDT’s Privacy Statement for further 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 AND NEITHER WDT 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, 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. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT WDT, ITS LICENSORS OR RESELLERS, ASSUME THE
ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. WDT 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 WDT 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 WDT 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 WDT’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 WDT’s proprietary rights therein. Contractor or Manufacturer is Western Digital Technologies, Inc., 951 SanDisk Drive, Milpitas, CA
95035 USA. The Software is a “commercial item” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer
software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.
12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, the Software is licensed to U.S. Government as an End User only and pursuant to
the terms and conditions therein.
7. Transfer. If you sell or otherwise transfer the SanDisk-brand product that incorporates the Software, you understand and agree that you