Application Guide

are transferring all rights in the Software and you must supply this Agreement to the purchaser or recipient of the product, at which time
all of your rights under this Agreement and in the Software 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”). WDT 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 may incorporate open source software owned and licensed by third parties (“Open Source
Software”) as set forth in “Third Party Notices.” Such Open Source Software is licensed to you under terms provided by the third party
licensors and not the terms of this Agreement.
11. iOS Users. This Section applies solely to iOS users. This Agreement is entered into by you and WDT. WDT, and not Apple, is
responsible for the Software; and Apple is not responsible for any maintenance or support services. In the event the Software does not
conform to Warranty terms described above, you may notify Apple, and to the maximum extent permitted by applicable law, Apple will
have no other warranty obligations whatsoever with respect to the Software. Subject to Sections 1 through 10, and 12 herein, you and
WDT acknowledge that: (a) any claims, losses, liabilities, damages costs or expenses attributed to any failure to conform to any warranty
will be borne by WDT and not Apple; (b) WDT and not Apple is responsible for addressing any claims made by you or a third party
related to product liability, conformity with applicable legal or regulatory requirements or consumer protection or similar legislation; (c)
WDT and not Apple will be responsible for any third party intellectual property right claims; and (d) Apple and its subsidiaries are third
party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this Agreement.
12. General. This Agreement contains the entire understanding between the parties with respect to your use of the Software. Any
subsequent EULA appearing upon software installation shall be of no force or effect, and this overlay EULA shall remain in full force
and effect. 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 represent and warrant that you are not located in a country subject to U.S.
government embargo or designated as a “terrorist supporting” country and that you are not on any U.S. government listing of prohibited
or restricted parties. 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, and 12 shall
survive the termination or expiration of this Agreement.
Western Digital Technologies, Inc.,
951 SanDisk Drive
Milpitas, CA 95035 USA
e-mail: [e-mail]
Tel: [phone]
NOTE: By clicking on the link(s) below, you have agreed to have read and agreed to the EULA.
- Download for PC (8MB)
- Download for Mac (13MB)
Languages Supported
English, French, German, Spanish, Italian, Portuguese (Brazilian), Simplified Chinese, Traditional
Chinese, Japanese and Korean