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MISCELLANEOUS TERMS.　The parties hereto are independent contractors. Nothing in this Agreement shall be deemed as preventing either party from seeking injunctive or other equitable relief from any court having jurisdiction over the parties and the subject matter of the dispute as necessary to protect either party’s confidential information, ownership, or any other proprietary rights.ġ3. The award rendered shall be final and binding upon the parties and shall not be subject to appeal to any courts, and may be enforced in any court of competent jurisdiction. The costs of the arbitration shall be borne equally pending the arbitrator’s award. The arbitrator(s) shall have the authority to permit discovery, to the extent deemed appropriate by the arbitrator(s), upon request of a party. In the case of a three-arbitrator panel, the chairman and one other arbitrator shall be attorneys at law, and the third arbitrator shall have a background or training in either computer law, computer science, computer engineering, or marketing of computer industry products. All arbitrators are to be selected from a panel provided by AAA.

Arbitration may be conducted by one (1) attorney arbitrator by mutual agreement or by three (3) arbitrators if the parties are unable to agree on a single arbitrator within thirty (30) days of first demand for arbitration.

The arbitration shall be held in San Francisco, California, U.S.A., under the current rules of the American Arbitration Association (“AAA”). ARBITRATION.　Any dispute between You and SDA arising out of this Agreement or the breach or alleged breach thereof, shall be determined by binding arbitration conducted in English.

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Notwithstanding the restriction in 3(a) above, if You are a European Community (“EC”) resident and required for interoperability, SDA agrees to make available to You the information necessary to achieve interoperability to the SDA Software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs upon written request.ġ2. (d) remove, obscure, or modify any markings or any notice of proprietary rights or(e) provide a third party with the results of any functional evaluation, or benchmarking, or performance tests, without SDA’s prior written approval. (c) alter, merge, modify, edit, translate, adapt in any way, or prepare any derivative work based upon the SDA Software (b) rent, lease, network, loan, sublicense, distribute, disclose, or otherwise transfer or provide the SDA Software to any third party (including without limitation, use in a service bureau or shared environment)

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(a) disassemble, reverse engineer, decompile, or otherwise attempt to derive any source code for the SDA Software from executable code In addition to the restrictions imposed under this Agreement, any other usage restrictions contained in the Product installation instructions or release notes shall apply to Your use of the Product. “Affiliate” is defined as an entity which controls, is controlled by, or shares common control with a party where such control may exist through ownership of securities or by contract.

“You” includes you and your employees and Affiliates. This Agreement (“Agreement”) is between the entity or individual entering into this Agreement (“You”) and the SD Card Association, a California Mutual Benefit Corporation (“SDA”).

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IF YOU REJECT THIS AGREEMENT, YOU WILL NOT ACQUIRE ANY LICENSE TO USE THE PRODUCT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE PRODUCT PROMPTLY RETURN (IF APPLICABLE) THE PRODUCT TO THE SDA OR YOUR SDA DISTRIBUTOR. BY DOWNLOADING, INSTALLING OR USING THE PRODUCT, THE ENTITY OR INDIVIDUAL ENTERING INTO THIS AGREEMENT AGREES TO BE BOUND BY THE FOLLOWING TERMS.

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