Beta Agreement

Last Updated October 1, 2024

This Beta Agreement (this "Agreement") is a legal contract between you as an individual non-commercial beta tester ("you" or "Beta Tester"), and SanDisk Technologies, Inc., its subsidiaries and affiliates (collectively, "Company") regarding your use and conduct related to the evaluation of data storage software and hardware products and other similar products as provided to you as part of an evaluation program ("Company Products").

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU REPRESENT AND WARRANT TO COMPANY THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING THE PRIVACY STATEMENT, WHICH IS INCORPORATED HERE BY REFERENCE AND AVAILABLE AT https://www.sandisk.com/legal/privacy-statement) GOVERNING YOUR PARTICIPATION IN THE BETA TEST PROGRAM.

BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU AGREE TO THE COLLECTION AND USE OF CERTAIN INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, AS DESCRIBED IN SECTION 7. YOU UNDERSTAND AND AGREE THAT SANDISK WILL TRANSFER, PROCESS AND STORE YOUR DATA TO/IN OTHER COUNTRIES, INCLUDING THE UNITED STATES.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY STATEMENT, DO NOT CLICK TO ACCEPT OR DO NOT SIGN THIS AGREEMENT, AND YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE BETA TEST PROGRAM.

By accepting the terms and conditions of this Agreement you agree and represent that: (i) you would like to participate in a beta test of certain Company Products, which may include pre-release versions of such Company Products ("Beta Test"); (ii) you and any members of your household are not employed by any competitor of Company; (iii) you do not work or consult for any competitor of Company or the Company Products; (iv) you are not otherwise employed by a company engaged in any product development that would compete with Company or the Company Products; and (v) you are not a member of the press.

1. Evaluation Materials. "Evaluation Materials" shall mean: (i) any pre-release version of the Company Products provided to Beta Tester by Company in connection with the Beta Test or this Agreement; (ii) any software included on, or provided in connection with, such pre-release version of the Company Products; (iii) any improvements, updates, or inventions related thereto; and (iv) any and all other related information, whether provided orally, visually, or in writing (including, without limitation, features, release dates, product specifications, etc.) provided by Company to Beta Tester in connection with the Beta Test or this Agreement.

2. Grant of License. Subject to the terms and conditions of this Agreement, Company grants to Beta Tester, a personal, limited, nonexclusive, fully revocable, royalty-free, nontransferable, and non-sublicensable right to use the Evaluation Materials solely for evaluating and providing Feedback (as defined below) to Company.

3. License Restrictions; Disclaimer.

   3.1 License Restrictions. Beta Tester shall not (and shall not allow any third party to): (i) remove, alter, or obscure any proprietary notices contained on or within the Evaluation Materials; (ii) modify, reverse compile, reverse assemble, or reverse engineer all or any portion of the Evaluation Materials; (iii) distribute, disclose, market, rent, lease, sell, or otherwise transfer the Evaluation Materials to any third party; (iv) modify, incorporate into or with other software, or create a derivative work of any part of the Evaluation Materials; (v) disclose the results of the Evaluation Materials' performance benchmarks to any third party without Company's prior written consent; or (vi) use the Evaluation Materials as a primary storage or networking solution or for production or commercial purposes. Beta Tester shall have no right to transfer, sublicense, or otherwise distribute the Evaluation Materials to any party without the prior written consent of Company.

   3.2 Disclaimer. Beta Tester agrees that the Evaluation Materials are pre-release versions and are not at the level of performance or compatibility of a final, generally available Company Product offering. The Evaluation Materials may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. In no event shall Company be liable for any damage whatsoever arising out of the use of or inability to use such Evaluation Materials (including, without limitation, loss of data), even if Company has been advised of the possibility of such damages.

4. Ownership. All right, title, and interest in and to the Evaluation Materials, including, without limitation, any improvements, modifications, and enhancements made thereto, are and shall remain in Company. Except for those rights expressly granted to Beta Tester in Section 2, no other rights are granted, either express or implied, to Beta Tester hereunder.

5. Feedback. Company may require Beta Tester to complete surveys and or provide suggestions, comments, technical information, evaluation results, or other feedback concerning the functionality and performance of the Evaluation Materials, including without limitation identifying potential errors and/or improvements ("Feedback") to Company in connection with this Agreement. Feedback and other information that is provided by Beta Tester to Company in connection with this Agreement may be used by Company to improve or enhance its products and, accordingly, Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback and information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the use or exploitation of the Feedback by Company.

6. Confidentiality.

   6.1 Confidential Information. Regardless of whether marked or designated "confidential" or "proprietary" by Company, the Evaluation Materials and all trade secrets, performance data, designs, features, layouts, configurations, processes, formulae, specifications, programs, test results, Feedback, technical know-how, methods and procedures of operation, and other information relating thereto (or otherwise obtained in connection with Beta Tester's use or evaluation of the Evaluation Materials) shall be deemed to be confidential information of Company ("Confidential Information").

   6.2 Protection of Confidential Information. Beta Tester acknowledges that Company claims Confidential Information as a special, valuable, and unique asset. Confidential Information is provided to Beta Tester solely for Beta Tester to evaluate and provide Feedback to Company, and Beta Tester shall not use Confidential Information in any other manner. Beta Tester agrees that it will not disclose Confidential Information to any third party. Beta Tester shall maintain the confidentiality of Confidential Information with at least the same degree of care that it uses to protect its own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. Without limiting the foregoing, Beta Tester shall not disclose to any third party, including, without limitation, any blog or website, Beta Tester's use of the Evaluation Materials or participation in the Beta Test program, the results of any tests of the Evaluation Materials, including, without limitation, any features, problems, on-screen displays, or any Feedback.

7. Collection of Information.

   7.1 Consent to Use Registration Information. Beta Tester represents and warrants that the information Beta Tester provides to Company during the Beta Test registration process ("Registration Information") is accurate and acknowledges that Beta Tester's selection as a beta tester may be based on Company's review of such information. Beta Tester acknowledges and consents to Company's use of Registration Information for: (i) qualifying Beta Tester into the Beta Test program, (ii) administrating the Beta Test program, and (iii) general marketing purposes. Registration Information shall be otherwise handled by Company in accordance with its Privacy Statement (currently available at: https://www.sandisk.com/legal/privacy-statement), which is hereby incorporated by reference.

   7.2 Consent to Collection and Use of Additional Information. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF ADDITIONAL INFORMATION AS DESCRIBED IN THIS SECTION. Beta Tester acknowledges that the Evaluation Materials may contain software that collects and automatically reports to Company certain data, Usage Data (as defined in this section), files, logs, and other related information that may include personally identifiable information (collectively, the "Additional Information"). "Usage Data" includes information about how you use the Company Products and includes items such as device information and configuration; CPU/device and other usage statistics by application; API calls; service crash information; network status; storage utilization; search terms; file attributes (for example, content metadata such as file size, type, source, creation/modification/access dates and times, camera make/model, location, and tags/descriptions); correlations among files; and third-party account information that you link to the service. You agree that Company may use Additional Information to improve the quality and performance of Company's products, services, and apps and to personalize your experience with Company's products, services, and apps, including by sending you in-app and push notifications. Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Additional Information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the transmission, collection, use, or exploitation of the Additional Information by Company.

   7.3 Consent to Collection and Use of Personally Identifiable Information for Marketing Communications. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING COMMUNICATIONS AS DESCRIBED IN THIS SECTION. Company may use personally identifiable information from your use of Company's products and services to send you marketing communications, including targeted advertisements, via in-app messages, push notifications, and email. We may use personally identifiable information to provide you with ads that are relevant to you. This may include information related to your use of the Company Products, such as your name, email address, IP address, subscription information, and account preferences (for example, language and time zone preferences); Additional Information; information about your use of any third-party services (for example, cloud and social media services such as Facebook, Instagram, Dropbox, Google Drive, and OneDrive) connected to the Company Products; information about your use of SanDisk's services, such as the SanDisk Store, which may include your purchase history, location, and account preferences (for example, language preferences); and information about your use of SanDisk's sites and the use of cookies as described in our Cookie Statement, which is incorporated here by reference and available at https://www.sandisk.com/legal/cookie-statement.

8. Termination; Return of the Evaluation Materials.

   8.1 Termination. This Agreement shall terminate upon the delivery of written notice of termination by Company to Beta Tester (e-mail to suffice).

   8.2 Return of the Evaluation Materials. Beta Tester may be asked to return to Company and/or destroy all Evaluation Materials, Confidential Information, and related materials, and within five (5) days after termination of this Agreement, or within two (2) days of Company's request at any time, Beta Tester shall certify in writing its compliance thereto. If requested to return Evaluation Materials by Company, Beta Tester shall delete all data stored on any applicable Evaluation Materials prior to returning such Evaluation Materials. It is the Beta Tester's responsibility to delete data from all applicable Evaluation Materials. Company shall not be responsible for any possible disclosure of data, upon receipt of any Evaluation Materials.

   8.3 Survival. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive the termination of this Agreement for any reason.

9. Remedies. Beta Tester agrees that the obligations of Beta Tester provided herein are necessary and reasonable in order to protect Company and its business, and Beta Tester expressly agrees that monetary damages would be inadequate to compensate Company for any breach by Beta Tester of its covenants and agreements set forth herein. Accordingly, Beta Tester agrees and acknowledges that any such violation or threatened violation (including without limitation a violation or threatened violation of Section 6) will cause irreparable injury to Company and that, in addition to any other remedies that may be available in law, in equity, or otherwise, Company shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement or the continuation of any such breach by Beta Tester, without the necessity of proving actual damages or posting a bond.

10. WARRANTY DISCLAIMER. COMPANY MAKES NO REPRESENTATION AS TO THE NATURE OR TIMING OF THE DELIVERY OF THE EVALUATION MATERIALS. THE EVALUATION MATERIALS MAY CONTAIN DEFECTS, MAY RESULT IN LOSS OF DATA IN THE EVALUATION MATERIALS AND THE BETA TESTER'S COMPUTER SYSTEMS, AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE EVALUATION MATERIALS AND ANY ANCILLARY SERVICES (INCLUDING, WITHOUT LIMITATION, INSTALLATION OR SUPPORT) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY LOSS OF DATA IN THE EVALUATION MATERIALS OR THE BETA TESTER'S COMPUTER SYSTEM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUT FOR BETA TESTER'S ACCEPTANCE OF THIS SECTION 11, COMPANY WOULD NOT HAVE GRANTED THE LICENSE HEREIN.

12. Miscellaneous. This Agreement shall be governed by the laws of California without reference to conflict of laws principles. Jurisdiction and venue for any dispute arising from or related to this Agreement shall be in the federal and state courts of Santa Clara County, California, U.S.A., and each party hereby consents to the exclusive jurisdiction and venue of such courts. Beta Tester shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Company. Company shall have the right to assign this Agreement in connection with a merger, acquisition, sale of assets, change of control, or similar arrangement. Beta Tester shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the Evaluation Materials, technology, and documentation provided hereunder. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall supersede and replace any prior agreement on the subject matter hereto. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect. The headings contained herein are for reference only and shall not affect the scope or intent of any clause or provision of this Agreement.

Last Updated October 1, 2024

This Beta Agreement (this "Agreement") is a legal contract between you as an individual non-commercial beta tester ("you" or "Beta Tester"), and SanDisk Technologies, Inc., its subsidiaries and affiliates (collectively, "Company") regarding your use and conduct related to the evaluation of data storage software and hardware products and other similar products as provided to you as part of an evaluation program ("Company Products").

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU REPRESENT AND WARRANT TO COMPANY THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING THE PRIVACY STATEMENT, WHICH IS INCORPORATED HERE BY REFERENCE AND AVAILABLE AT https://www.sandisk.com/legal/privacy-statement) GOVERNING YOUR PARTICIPATION IN THE BETA TEST PROGRAM.

BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU AGREE TO THE COLLECTION AND USE OF CERTAIN INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, AS DESCRIBED IN SECTION 7. YOU UNDERSTAND AND AGREE THAT SANDISK WILL TRANSFER, PROCESS AND STORE YOUR DATA TO/IN OTHER COUNTRIES, INCLUDING THE UNITED STATES.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY STATEMENT, DO NOT CLICK TO ACCEPT OR DO NOT SIGN THIS AGREEMENT, AND YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE BETA TEST PROGRAM.

By accepting the terms and conditions of this Agreement you agree and represent that: (i) you would like to participate in a beta test of certain Company Products, which may include pre-release versions of such Company Products ("Beta Test"); (ii) you and any members of your household are not employed by any competitor of Company; (iii) you do not work or consult for any competitor of Company or the Company Products; (iv) you are not otherwise employed by a company engaged in any product development that would compete with Company or the Company Products; and (v) you are not a member of the press.

1. Evaluation Materials. "Evaluation Materials" shall mean: (i) any pre-release version of the Company Products provided to Beta Tester by Company in connection with the Beta Test or this Agreement; (ii) any software included on, or provided in connection with, such pre-release version of the Company Products; (iii) any improvements, updates, or inventions related thereto; and (iv) any and all other related information, whether provided orally, visually, or in writing (including, without limitation, features, release dates, product specifications, etc.) provided by Company to Beta Tester in connection with the Beta Test or this Agreement.

2. Grant of License. Subject to the terms and conditions of this Agreement, Company grants to Beta Tester, a personal, limited, nonexclusive, fully revocable, royalty-free, nontransferable, and non-sublicensable right to use the Evaluation Materials solely for evaluating and providing Feedback (as defined below) to Company.

3. License Restrictions; Disclaimer.

   3.1 License Restrictions. Beta Tester shall not (and shall not allow any third party to): (i) remove, alter, or obscure any proprietary notices contained on or within the Evaluation Materials; (ii) modify, reverse compile, reverse assemble, or reverse engineer all or any portion of the Evaluation Materials; (iii) distribute, disclose, market, rent, lease, sell, or otherwise transfer the Evaluation Materials to any third party; (iv) modify, incorporate into or with other software, or create a derivative work of any part of the Evaluation Materials; (v) disclose the results of the Evaluation Materials' performance benchmarks to any third party without Company's prior written consent; or (vi) use the Evaluation Materials as a primary storage or networking solution or for production or commercial purposes. Beta Tester shall have no right to transfer, sublicense, or otherwise distribute the Evaluation Materials to any party without the prior written consent of Company.

   3.2 Disclaimer. Beta Tester agrees that the Evaluation Materials are pre-release versions and are not at the level of performance or compatibility of a final, generally available Company Product offering. The Evaluation Materials may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. In no event shall Company be liable for any damage whatsoever arising out of the use of or inability to use such Evaluation Materials (including, without limitation, loss of data), even if Company has been advised of the possibility of such damages.

4. Ownership. All right, title, and interest in and to the Evaluation Materials, including, without limitation, any improvements, modifications, and enhancements made thereto, are and shall remain in Company. Except for those rights expressly granted to Beta Tester in Section 2, no other rights are granted, either express or implied, to Beta Tester hereunder.

5. Feedback. Company may require Beta Tester to complete surveys and or provide suggestions, comments, technical information, evaluation results, or other feedback concerning the functionality and performance of the Evaluation Materials, including without limitation identifying potential errors and/or improvements ("Feedback") to Company in connection with this Agreement. Feedback and other information that is provided by Beta Tester to Company in connection with this Agreement may be used by Company to improve or enhance its products and, accordingly, Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback and information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the use or exploitation of the Feedback by Company.

6. Confidentiality.

   6.1 Confidential Information. Regardless of whether marked or designated "confidential" or "proprietary" by Company, the Evaluation Materials and all trade secrets, performance data, designs, features, layouts, configurations, processes, formulae, specifications, programs, test results, Feedback, technical know-how, methods and procedures of operation, and other information relating thereto (or otherwise obtained in connection with Beta Tester's use or evaluation of the Evaluation Materials) shall be deemed to be confidential information of Company ("Confidential Information").

   6.2 Protection of Confidential Information. Beta Tester acknowledges that Company claims Confidential Information as a special, valuable, and unique asset. Confidential Information is provided to Beta Tester solely for Beta Tester to evaluate and provide Feedback to Company, and Beta Tester shall not use Confidential Information in any other manner. Beta Tester agrees that it will not disclose Confidential Information to any third party. Beta Tester shall maintain the confidentiality of Confidential Information with at least the same degree of care that it uses to protect its own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. Without limiting the foregoing, Beta Tester shall not disclose to any third party, including, without limitation, any blog or website, Beta Tester's use of the Evaluation Materials or participation in the Beta Test program, the results of any tests of the Evaluation Materials, including, without limitation, any features, problems, on-screen displays, or any Feedback.

7. Collection of Information.

   7.1 Consent to Use Registration Information. Beta Tester represents and warrants that the information Beta Tester provides to Company during the Beta Test registration process ("Registration Information") is accurate and acknowledges that Beta Tester's selection as a beta tester may be based on Company's review of such information. Beta Tester acknowledges and consents to Company's use of Registration Information for: (i) qualifying Beta Tester into the Beta Test program, (ii) administrating the Beta Test program, and (iii) general marketing purposes. Registration Information shall be otherwise handled by Company in accordance with its Privacy Statement (currently available at: https://www.sandisk.com/legal/privacy-statement), which is hereby incorporated by reference.

   7.2 Consent to Collection and Use of Additional Information. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF ADDITIONAL INFORMATION AS DESCRIBED IN THIS SECTION. Beta Tester acknowledges that the Evaluation Materials may contain software that collects and automatically reports to Company certain data, Usage Data (as defined in this section), files, logs, and other related information that may include personally identifiable information (collectively, the "Additional Information"). "Usage Data" includes information about how you use the Company Products and includes items such as device information and configuration; CPU/device and other usage statistics by application; API calls; service crash information; network status; storage utilization; search terms; file attributes (for example, content metadata such as file size, type, source, creation/modification/access dates and times, camera make/model, location, and tags/descriptions); correlations among files; and third-party account information that you link to the service. You agree that Company may use Additional Information to improve the quality and performance of Company's products, services, and apps and to personalize your experience with Company's products, services, and apps, including by sending you in-app and push notifications. Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Additional Information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the transmission, collection, use, or exploitation of the Additional Information by Company.

   7.3 Consent to Collection and Use of Personally Identifiable Information for Marketing Communications. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING COMMUNICATIONS AS DESCRIBED IN THIS SECTION. Company may use personally identifiable information from your use of Company's products and services to send you marketing communications, including targeted advertisements, via in-app messages, push notifications, and email. We may use personally identifiable information to provide you with ads that are relevant to you. This may include information related to your use of the Company Products, such as your name, email address, IP address, subscription information, and account preferences (for example, language and time zone preferences); Additional Information; information about your use of any third-party services (for example, cloud and social media services such as Facebook, Instagram, Dropbox, Google Drive, and OneDrive) connected to the Company Products; information about your use of SanDisk's services, such as the SanDisk Store, which may include your purchase history, location, and account preferences (for example, language preferences); and information about your use of SanDisk's sites and the use of cookies as described in our Cookie Statement, which is incorporated here by reference and available at https://www.sandisk.com/legal/cookie-statement.

8. Termination; Return of the Evaluation Materials.

   8.1 Termination. This Agreement shall terminate upon the delivery of written notice of termination by Company to Beta Tester (e-mail to suffice).

   8.2 Return of the Evaluation Materials. Beta Tester may be asked to return to Company and/or destroy all Evaluation Materials, Confidential Information, and related materials, and within five (5) days after termination of this Agreement, or within two (2) days of Company's request at any time, Beta Tester shall certify in writing its compliance thereto. If requested to return Evaluation Materials by Company, Beta Tester shall delete all data stored on any applicable Evaluation Materials prior to returning such Evaluation Materials. It is the Beta Tester's responsibility to delete data from all applicable Evaluation Materials. Company shall not be responsible for any possible disclosure of data, upon receipt of any Evaluation Materials.

   8.3 Survival. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive the termination of this Agreement for any reason.

9. Remedies. Beta Tester agrees that the obligations of Beta Tester provided herein are necessary and reasonable in order to protect Company and its business, and Beta Tester expressly agrees that monetary damages would be inadequate to compensate Company for any breach by Beta Tester of its covenants and agreements set forth herein. Accordingly, Beta Tester agrees and acknowledges that any such violation or threatened violation (including without limitation a violation or threatened violation of Section 6) will cause irreparable injury to Company and that, in addition to any other remedies that may be available in law, in equity, or otherwise, Company shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement or the continuation of any such breach by Beta Tester, without the necessity of proving actual damages or posting a bond.

10. WARRANTY DISCLAIMER. COMPANY MAKES NO REPRESENTATION AS TO THE NATURE OR TIMING OF THE DELIVERY OF THE EVALUATION MATERIALS. THE EVALUATION MATERIALS MAY CONTAIN DEFECTS, MAY RESULT IN LOSS OF DATA IN THE EVALUATION MATERIALS AND THE BETA TESTER'S COMPUTER SYSTEMS, AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE EVALUATION MATERIALS AND ANY ANCILLARY SERVICES (INCLUDING, WITHOUT LIMITATION, INSTALLATION OR SUPPORT) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY LOSS OF DATA IN THE EVALUATION MATERIALS OR THE BETA TESTER'S COMPUTER SYSTEM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUT FOR BETA TESTER'S ACCEPTANCE OF THIS SECTION 11, COMPANY WOULD NOT HAVE GRANTED THE LICENSE HEREIN.

12. Miscellaneous. This Agreement shall be governed by the laws of California without reference to conflict of laws principles. Jurisdiction and venue for any dispute arising from or related to this Agreement shall be in the federal and state courts of Santa Clara County, California, U.S.A., and each party hereby consents to the exclusive jurisdiction and venue of such courts. Beta Tester shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Company. Company shall have the right to assign this Agreement in connection with a merger, acquisition, sale of assets, change of control, or similar arrangement. Beta Tester shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the Evaluation Materials, technology, and documentation provided hereunder. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall supersede and replace any prior agreement on the subject matter hereto. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect. The headings contained herein are for reference only and shall not affect the scope or intent of any clause or provision of this Agreement.

Last Updated October 1, 2024

This Beta Agreement (this "Agreement") is a legal contract between you as an individual non-commercial beta tester ("you" or "Beta Tester"), and SanDisk Technologies, Inc., its subsidiaries and affiliates (collectively, "Company") regarding your use and conduct related to the evaluation of data storage software and hardware products and other similar products as provided to you as part of an evaluation program ("Company Products").

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU REPRESENT AND WARRANT TO COMPANY THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING THE PRIVACY STATEMENT, WHICH IS INCORPORATED HERE BY REFERENCE AND AVAILABLE AT https://www.sandisk.com/legal/privacy-statement) GOVERNING YOUR PARTICIPATION IN THE BETA TEST PROGRAM.

BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU AGREE TO THE COLLECTION AND USE OF CERTAIN INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, AS DESCRIBED IN SECTION 7. YOU UNDERSTAND AND AGREE THAT SANDISK WILL TRANSFER, PROCESS AND STORE YOUR DATA TO/IN OTHER COUNTRIES, INCLUDING THE UNITED STATES.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY STATEMENT, DO NOT CLICK TO ACCEPT OR DO NOT SIGN THIS AGREEMENT, AND YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE BETA TEST PROGRAM.

By accepting the terms and conditions of this Agreement you agree and represent that: (i) you would like to participate in a beta test of certain Company Products, which may include pre-release versions of such Company Products ("Beta Test"); (ii) you and any members of your household are not employed by any competitor of Company; (iii) you do not work or consult for any competitor of Company or the Company Products; (iv) you are not otherwise employed by a company engaged in any product development that would compete with Company or the Company Products; and (v) you are not a member of the press.

1. Evaluation Materials. "Evaluation Materials" shall mean: (i) any pre-release version of the Company Products provided to Beta Tester by Company in connection with the Beta Test or this Agreement; (ii) any software included on, or provided in connection with, such pre-release version of the Company Products; (iii) any improvements, updates, or inventions related thereto; and (iv) any and all other related information, whether provided orally, visually, or in writing (including, without limitation, features, release dates, product specifications, etc.) provided by Company to Beta Tester in connection with the Beta Test or this Agreement.

2. Grant of License. Subject to the terms and conditions of this Agreement, Company grants to Beta Tester, a personal, limited, nonexclusive, fully revocable, royalty-free, nontransferable, and non-sublicensable right to use the Evaluation Materials solely for evaluating and providing Feedback (as defined below) to Company.

3. License Restrictions; Disclaimer.

   3.1 License Restrictions. Beta Tester shall not (and shall not allow any third party to): (i) remove, alter, or obscure any proprietary notices contained on or within the Evaluation Materials; (ii) modify, reverse compile, reverse assemble, or reverse engineer all or any portion of the Evaluation Materials; (iii) distribute, disclose, market, rent, lease, sell, or otherwise transfer the Evaluation Materials to any third party; (iv) modify, incorporate into or with other software, or create a derivative work of any part of the Evaluation Materials; (v) disclose the results of the Evaluation Materials' performance benchmarks to any third party without Company's prior written consent; or (vi) use the Evaluation Materials as a primary storage or networking solution or for production or commercial purposes. Beta Tester shall have no right to transfer, sublicense, or otherwise distribute the Evaluation Materials to any party without the prior written consent of Company.

   3.2 Disclaimer. Beta Tester agrees that the Evaluation Materials are pre-release versions and are not at the level of performance or compatibility of a final, generally available Company Product offering. The Evaluation Materials may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. In no event shall Company be liable for any damage whatsoever arising out of the use of or inability to use such Evaluation Materials (including, without limitation, loss of data), even if Company has been advised of the possibility of such damages.

4. Ownership. All right, title, and interest in and to the Evaluation Materials, including, without limitation, any improvements, modifications, and enhancements made thereto, are and shall remain in Company. Except for those rights expressly granted to Beta Tester in Section 2, no other rights are granted, either express or implied, to Beta Tester hereunder.

5. Feedback. Company may require Beta Tester to complete surveys and or provide suggestions, comments, technical information, evaluation results, or other feedback concerning the functionality and performance of the Evaluation Materials, including without limitation identifying potential errors and/or improvements ("Feedback") to Company in connection with this Agreement. Feedback and other information that is provided by Beta Tester to Company in connection with this Agreement may be used by Company to improve or enhance its products and, accordingly, Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback and information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the use or exploitation of the Feedback by Company.

6. Confidentiality.

   6.1 Confidential Information. Regardless of whether marked or designated "confidential" or "proprietary" by Company, the Evaluation Materials and all trade secrets, performance data, designs, features, layouts, configurations, processes, formulae, specifications, programs, test results, Feedback, technical know-how, methods and procedures of operation, and other information relating thereto (or otherwise obtained in connection with Beta Tester's use or evaluation of the Evaluation Materials) shall be deemed to be confidential information of Company ("Confidential Information").

   6.2 Protection of Confidential Information. Beta Tester acknowledges that Company claims Confidential Information as a special, valuable, and unique asset. Confidential Information is provided to Beta Tester solely for Beta Tester to evaluate and provide Feedback to Company, and Beta Tester shall not use Confidential Information in any other manner. Beta Tester agrees that it will not disclose Confidential Information to any third party. Beta Tester shall maintain the confidentiality of Confidential Information with at least the same degree of care that it uses to protect its own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. Without limiting the foregoing, Beta Tester shall not disclose to any third party, including, without limitation, any blog or website, Beta Tester's use of the Evaluation Materials or participation in the Beta Test program, the results of any tests of the Evaluation Materials, including, without limitation, any features, problems, on-screen displays, or any Feedback.

7. Collection of Information.

   7.1 Consent to Use Registration Information. Beta Tester represents and warrants that the information Beta Tester provides to Company during the Beta Test registration process ("Registration Information") is accurate and acknowledges that Beta Tester's selection as a beta tester may be based on Company's review of such information. Beta Tester acknowledges and consents to Company's use of Registration Information for: (i) qualifying Beta Tester into the Beta Test program, (ii) administrating the Beta Test program, and (iii) general marketing purposes. Registration Information shall be otherwise handled by Company in accordance with its Privacy Statement (currently available at: https://www.sandisk.com/legal/privacy-statement), which is hereby incorporated by reference.

   7.2 Consent to Collection and Use of Additional Information. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF ADDITIONAL INFORMATION AS DESCRIBED IN THIS SECTION. Beta Tester acknowledges that the Evaluation Materials may contain software that collects and automatically reports to Company certain data, Usage Data (as defined in this section), files, logs, and other related information that may include personally identifiable information (collectively, the "Additional Information"). "Usage Data" includes information about how you use the Company Products and includes items such as device information and configuration; CPU/device and other usage statistics by application; API calls; service crash information; network status; storage utilization; search terms; file attributes (for example, content metadata such as file size, type, source, creation/modification/access dates and times, camera make/model, location, and tags/descriptions); correlations among files; and third-party account information that you link to the service. You agree that Company may use Additional Information to improve the quality and performance of Company's products, services, and apps and to personalize your experience with Company's products, services, and apps, including by sending you in-app and push notifications. Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Additional Information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the transmission, collection, use, or exploitation of the Additional Information by Company.

   7.3 Consent to Collection and Use of Personally Identifiable Information for Marketing Communications. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING COMMUNICATIONS AS DESCRIBED IN THIS SECTION. Company may use personally identifiable information from your use of Company's products and services to send you marketing communications, including targeted advertisements, via in-app messages, push notifications, and email. We may use personally identifiable information to provide you with ads that are relevant to you. This may include information related to your use of the Company Products, such as your name, email address, IP address, subscription information, and account preferences (for example, language and time zone preferences); Additional Information; information about your use of any third-party services (for example, cloud and social media services such as Facebook, Instagram, Dropbox, Google Drive, and OneDrive) connected to the Company Products; information about your use of SanDisk's services, such as the SanDisk Store, which may include your purchase history, location, and account preferences (for example, language preferences); and information about your use of SanDisk's sites and the use of cookies as described in our Cookie Statement, which is incorporated here by reference and available at https://www.sandisk.com/legal/cookie-statement.

8. Termination; Return of the Evaluation Materials.

   8.1 Termination. This Agreement shall terminate upon the delivery of written notice of termination by Company to Beta Tester (e-mail to suffice).

   8.2 Return of the Evaluation Materials. Beta Tester may be asked to return to Company and/or destroy all Evaluation Materials, Confidential Information, and related materials, and within five (5) days after termination of this Agreement, or within two (2) days of Company's request at any time, Beta Tester shall certify in writing its compliance thereto. If requested to return Evaluation Materials by Company, Beta Tester shall delete all data stored on any applicable Evaluation Materials prior to returning such Evaluation Materials. It is the Beta Tester's responsibility to delete data from all applicable Evaluation Materials. Company shall not be responsible for any possible disclosure of data, upon receipt of any Evaluation Materials.

   8.3 Survival. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive the termination of this Agreement for any reason.

9. Remedies. Beta Tester agrees that the obligations of Beta Tester provided herein are necessary and reasonable in order to protect Company and its business, and Beta Tester expressly agrees that monetary damages would be inadequate to compensate Company for any breach by Beta Tester of its covenants and agreements set forth herein. Accordingly, Beta Tester agrees and acknowledges that any such violation or threatened violation (including without limitation a violation or threatened violation of Section 6) will cause irreparable injury to Company and that, in addition to any other remedies that may be available in law, in equity, or otherwise, Company shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement or the continuation of any such breach by Beta Tester, without the necessity of proving actual damages or posting a bond.

10. WARRANTY DISCLAIMER. COMPANY MAKES NO REPRESENTATION AS TO THE NATURE OR TIMING OF THE DELIVERY OF THE EVALUATION MATERIALS. THE EVALUATION MATERIALS MAY CONTAIN DEFECTS, MAY RESULT IN LOSS OF DATA IN THE EVALUATION MATERIALS AND THE BETA TESTER'S COMPUTER SYSTEMS, AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE EVALUATION MATERIALS AND ANY ANCILLARY SERVICES (INCLUDING, WITHOUT LIMITATION, INSTALLATION OR SUPPORT) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY LOSS OF DATA IN THE EVALUATION MATERIALS OR THE BETA TESTER'S COMPUTER SYSTEM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUT FOR BETA TESTER'S ACCEPTANCE OF THIS SECTION 11, COMPANY WOULD NOT HAVE GRANTED THE LICENSE HEREIN.

12. Miscellaneous. This Agreement shall be governed by the laws of California without reference to conflict of laws principles. Jurisdiction and venue for any dispute arising from or related to this Agreement shall be in the federal and state courts of Santa Clara County, California, U.S.A., and each party hereby consents to the exclusive jurisdiction and venue of such courts. Beta Tester shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Company. Company shall have the right to assign this Agreement in connection with a merger, acquisition, sale of assets, change of control, or similar arrangement. Beta Tester shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the Evaluation Materials, technology, and documentation provided hereunder. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall supersede and replace any prior agreement on the subject matter hereto. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect. The headings contained herein are for reference only and shall not affect the scope or intent of any clause or provision of this Agreement.

Last Updated October 1, 2024

This Beta Agreement (this "Agreement") is a legal contract between you as an individual non-commercial beta tester ("you" or "Beta Tester"), and SanDisk Technologies, Inc., its subsidiaries and affiliates (collectively, "Company") regarding your use and conduct related to the evaluation of data storage software and hardware products and other similar products as provided to you as part of an evaluation program ("Company Products").

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU REPRESENT AND WARRANT TO COMPANY THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING THE PRIVACY STATEMENT, WHICH IS INCORPORATED HERE BY REFERENCE AND AVAILABLE AT https://www.sandisk.com/legal/privacy-statement) GOVERNING YOUR PARTICIPATION IN THE BETA TEST PROGRAM.

BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU AGREE TO THE COLLECTION AND USE OF CERTAIN INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, AS DESCRIBED IN SECTION 7. YOU UNDERSTAND AND AGREE THAT SANDISK WILL TRANSFER, PROCESS AND STORE YOUR DATA TO/IN OTHER COUNTRIES, INCLUDING THE UNITED STATES.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY STATEMENT, DO NOT CLICK TO ACCEPT OR DO NOT SIGN THIS AGREEMENT, AND YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE BETA TEST PROGRAM.

By accepting the terms and conditions of this Agreement you agree and represent that: (i) you would like to participate in a beta test of certain Company Products, which may include pre-release versions of such Company Products ("Beta Test"); (ii) you and any members of your household are not employed by any competitor of Company; (iii) you do not work or consult for any competitor of Company or the Company Products; (iv) you are not otherwise employed by a company engaged in any product development that would compete with Company or the Company Products; and (v) you are not a member of the press.

1. Evaluation Materials. "Evaluation Materials" shall mean: (i) any pre-release version of the Company Products provided to Beta Tester by Company in connection with the Beta Test or this Agreement; (ii) any software included on, or provided in connection with, such pre-release version of the Company Products; (iii) any improvements, updates, or inventions related thereto; and (iv) any and all other related information, whether provided orally, visually, or in writing (including, without limitation, features, release dates, product specifications, etc.) provided by Company to Beta Tester in connection with the Beta Test or this Agreement.

2. Grant of License. Subject to the terms and conditions of this Agreement, Company grants to Beta Tester, a personal, limited, nonexclusive, fully revocable, royalty-free, nontransferable, and non-sublicensable right to use the Evaluation Materials solely for evaluating and providing Feedback (as defined below) to Company.

3. License Restrictions; Disclaimer.

   3.1 License Restrictions. Beta Tester shall not (and shall not allow any third party to): (i) remove, alter, or obscure any proprietary notices contained on or within the Evaluation Materials; (ii) modify, reverse compile, reverse assemble, or reverse engineer all or any portion of the Evaluation Materials; (iii) distribute, disclose, market, rent, lease, sell, or otherwise transfer the Evaluation Materials to any third party; (iv) modify, incorporate into or with other software, or create a derivative work of any part of the Evaluation Materials; (v) disclose the results of the Evaluation Materials' performance benchmarks to any third party without Company's prior written consent; or (vi) use the Evaluation Materials as a primary storage or networking solution or for production or commercial purposes. Beta Tester shall have no right to transfer, sublicense, or otherwise distribute the Evaluation Materials to any party without the prior written consent of Company.

   3.2 Disclaimer. Beta Tester agrees that the Evaluation Materials are pre-release versions and are not at the level of performance or compatibility of a final, generally available Company Product offering. The Evaluation Materials may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. In no event shall Company be liable for any damage whatsoever arising out of the use of or inability to use such Evaluation Materials (including, without limitation, loss of data), even if Company has been advised of the possibility of such damages.

4. Ownership. All right, title, and interest in and to the Evaluation Materials, including, without limitation, any improvements, modifications, and enhancements made thereto, are and shall remain in Company. Except for those rights expressly granted to Beta Tester in Section 2, no other rights are granted, either express or implied, to Beta Tester hereunder.

5. Feedback. Company may require Beta Tester to complete surveys and or provide suggestions, comments, technical information, evaluation results, or other feedback concerning the functionality and performance of the Evaluation Materials, including without limitation identifying potential errors and/or improvements ("Feedback") to Company in connection with this Agreement. Feedback and other information that is provided by Beta Tester to Company in connection with this Agreement may be used by Company to improve or enhance its products and, accordingly, Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback and information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the use or exploitation of the Feedback by Company.

6. Confidentiality.

   6.1 Confidential Information. Regardless of whether marked or designated "confidential" or "proprietary" by Company, the Evaluation Materials and all trade secrets, performance data, designs, features, layouts, configurations, processes, formulae, specifications, programs, test results, Feedback, technical know-how, methods and procedures of operation, and other information relating thereto (or otherwise obtained in connection with Beta Tester's use or evaluation of the Evaluation Materials) shall be deemed to be confidential information of Company ("Confidential Information").

   6.2 Protection of Confidential Information. Beta Tester acknowledges that Company claims Confidential Information as a special, valuable, and unique asset. Confidential Information is provided to Beta Tester solely for Beta Tester to evaluate and provide Feedback to Company, and Beta Tester shall not use Confidential Information in any other manner. Beta Tester agrees that it will not disclose Confidential Information to any third party. Beta Tester shall maintain the confidentiality of Confidential Information with at least the same degree of care that it uses to protect its own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. Without limiting the foregoing, Beta Tester shall not disclose to any third party, including, without limitation, any blog or website, Beta Tester's use of the Evaluation Materials or participation in the Beta Test program, the results of any tests of the Evaluation Materials, including, without limitation, any features, problems, on-screen displays, or any Feedback.

7. Collection of Information.

   7.1 Consent to Use Registration Information. Beta Tester represents and warrants that the information Beta Tester provides to Company during the Beta Test registration process ("Registration Information") is accurate and acknowledges that Beta Tester's selection as a beta tester may be based on Company's review of such information. Beta Tester acknowledges and consents to Company's use of Registration Information for: (i) qualifying Beta Tester into the Beta Test program, (ii) administrating the Beta Test program, and (iii) general marketing purposes. Registration Information shall be otherwise handled by Company in accordance with its Privacy Statement (currently available at: https://www.sandisk.com/legal/privacy-statement), which is hereby incorporated by reference.

   7.2 Consent to Collection and Use of Additional Information. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF ADDITIONAL INFORMATION AS DESCRIBED IN THIS SECTION. Beta Tester acknowledges that the Evaluation Materials may contain software that collects and automatically reports to Company certain data, Usage Data (as defined in this section), files, logs, and other related information that may include personally identifiable information (collectively, the "Additional Information"). "Usage Data" includes information about how you use the Company Products and includes items such as device information and configuration; CPU/device and other usage statistics by application; API calls; service crash information; network status; storage utilization; search terms; file attributes (for example, content metadata such as file size, type, source, creation/modification/access dates and times, camera make/model, location, and tags/descriptions); correlations among files; and third-party account information that you link to the service. You agree that Company may use Additional Information to improve the quality and performance of Company's products, services, and apps and to personalize your experience with Company's products, services, and apps, including by sending you in-app and push notifications. Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Additional Information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the transmission, collection, use, or exploitation of the Additional Information by Company.

   7.3 Consent to Collection and Use of Personally Identifiable Information for Marketing Communications. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING COMMUNICATIONS AS DESCRIBED IN THIS SECTION. Company may use personally identifiable information from your use of Company's products and services to send you marketing communications, including targeted advertisements, via in-app messages, push notifications, and email. We may use personally identifiable information to provide you with ads that are relevant to you. This may include information related to your use of the Company Products, such as your name, email address, IP address, subscription information, and account preferences (for example, language and time zone preferences); Additional Information; information about your use of any third-party services (for example, cloud and social media services such as Facebook, Instagram, Dropbox, Google Drive, and OneDrive) connected to the Company Products; information about your use of SanDisk's services, such as the SanDisk Store, which may include your purchase history, location, and account preferences (for example, language preferences); and information about your use of SanDisk's sites and the use of cookies as described in our Cookie Statement, which is incorporated here by reference and available at https://www.sandisk.com/legal/cookie-statement.

8. Termination; Return of the Evaluation Materials.

   8.1 Termination. This Agreement shall terminate upon the delivery of written notice of termination by Company to Beta Tester (e-mail to suffice).

   8.2 Return of the Evaluation Materials. Beta Tester may be asked to return to Company and/or destroy all Evaluation Materials, Confidential Information, and related materials, and within five (5) days after termination of this Agreement, or within two (2) days of Company's request at any time, Beta Tester shall certify in writing its compliance thereto. If requested to return Evaluation Materials by Company, Beta Tester shall delete all data stored on any applicable Evaluation Materials prior to returning such Evaluation Materials. It is the Beta Tester's responsibility to delete data from all applicable Evaluation Materials. Company shall not be responsible for any possible disclosure of data, upon receipt of any Evaluation Materials.

   8.3 Survival. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive the termination of this Agreement for any reason.

9. Remedies. Beta Tester agrees that the obligations of Beta Tester provided herein are necessary and reasonable in order to protect Company and its business, and Beta Tester expressly agrees that monetary damages would be inadequate to compensate Company for any breach by Beta Tester of its covenants and agreements set forth herein. Accordingly, Beta Tester agrees and acknowledges that any such violation or threatened violation (including without limitation a violation or threatened violation of Section 6) will cause irreparable injury to Company and that, in addition to any other remedies that may be available in law, in equity, or otherwise, Company shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement or the continuation of any such breach by Beta Tester, without the necessity of proving actual damages or posting a bond.

10. WARRANTY DISCLAIMER. COMPANY MAKES NO REPRESENTATION AS TO THE NATURE OR TIMING OF THE DELIVERY OF THE EVALUATION MATERIALS. THE EVALUATION MATERIALS MAY CONTAIN DEFECTS, MAY RESULT IN LOSS OF DATA IN THE EVALUATION MATERIALS AND THE BETA TESTER'S COMPUTER SYSTEMS, AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE EVALUATION MATERIALS AND ANY ANCILLARY SERVICES (INCLUDING, WITHOUT LIMITATION, INSTALLATION OR SUPPORT) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY LOSS OF DATA IN THE EVALUATION MATERIALS OR THE BETA TESTER'S COMPUTER SYSTEM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUT FOR BETA TESTER'S ACCEPTANCE OF THIS SECTION 11, COMPANY WOULD NOT HAVE GRANTED THE LICENSE HEREIN.

12. Miscellaneous. This Agreement shall be governed by the laws of California without reference to conflict of laws principles. Jurisdiction and venue for any dispute arising from or related to this Agreement shall be in the federal and state courts of Santa Clara County, California, U.S.A., and each party hereby consents to the exclusive jurisdiction and venue of such courts. Beta Tester shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Company. Company shall have the right to assign this Agreement in connection with a merger, acquisition, sale of assets, change of control, or similar arrangement. Beta Tester shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the Evaluation Materials, technology, and documentation provided hereunder. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall supersede and replace any prior agreement on the subject matter hereto. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect. The headings contained herein are for reference only and shall not affect the scope or intent of any clause or provision of this Agreement.

Last Updated October 1, 2024

This Beta Agreement (this "Agreement") is a legal contract between you as an individual non-commercial beta tester ("you" or "Beta Tester"), and SanDisk Technologies, Inc., its subsidiaries and affiliates (collectively, "Company") regarding your use and conduct related to the evaluation of data storage software and hardware products and other similar products as provided to you as part of an evaluation program ("Company Products").

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU REPRESENT AND WARRANT TO COMPANY THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING THE PRIVACY STATEMENT, WHICH IS INCORPORATED HERE BY REFERENCE AND AVAILABLE AT https://www.sandisk.com/legal/privacy-statement) GOVERNING YOUR PARTICIPATION IN THE BETA TEST PROGRAM.

BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT YOU AGREE TO THE COLLECTION AND USE OF CERTAIN INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, AS DESCRIBED IN SECTION 7. YOU UNDERSTAND AND AGREE THAT SANDISK WILL TRANSFER, PROCESS AND STORE YOUR DATA TO/IN OTHER COUNTRIES, INCLUDING THE UNITED STATES.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY STATEMENT, DO NOT CLICK TO ACCEPT OR DO NOT SIGN THIS AGREEMENT, AND YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE BETA TEST PROGRAM.

By accepting the terms and conditions of this Agreement you agree and represent that: (i) you would like to participate in a beta test of certain Company Products, which may include pre-release versions of such Company Products ("Beta Test"); (ii) you and any members of your household are not employed by any competitor of Company; (iii) you do not work or consult for any competitor of Company or the Company Products; (iv) you are not otherwise employed by a company engaged in any product development that would compete with Company or the Company Products; and (v) you are not a member of the press.

1. Evaluation Materials. "Evaluation Materials" shall mean: (i) any pre-release version of the Company Products provided to Beta Tester by Company in connection with the Beta Test or this Agreement; (ii) any software included on, or provided in connection with, such pre-release version of the Company Products; (iii) any improvements, updates, or inventions related thereto; and (iv) any and all other related information, whether provided orally, visually, or in writing (including, without limitation, features, release dates, product specifications, etc.) provided by Company to Beta Tester in connection with the Beta Test or this Agreement.

2. Grant of License. Subject to the terms and conditions of this Agreement, Company grants to Beta Tester, a personal, limited, nonexclusive, fully revocable, royalty-free, nontransferable, and non-sublicensable right to use the Evaluation Materials solely for evaluating and providing Feedback (as defined below) to Company.

3. License Restrictions; Disclaimer.

   3.1 License Restrictions. Beta Tester shall not (and shall not allow any third party to): (i) remove, alter, or obscure any proprietary notices contained on or within the Evaluation Materials; (ii) modify, reverse compile, reverse assemble, or reverse engineer all or any portion of the Evaluation Materials; (iii) distribute, disclose, market, rent, lease, sell, or otherwise transfer the Evaluation Materials to any third party; (iv) modify, incorporate into or with other software, or create a derivative work of any part of the Evaluation Materials; (v) disclose the results of the Evaluation Materials' performance benchmarks to any third party without Company's prior written consent; or (vi) use the Evaluation Materials as a primary storage or networking solution or for production or commercial purposes. Beta Tester shall have no right to transfer, sublicense, or otherwise distribute the Evaluation Materials to any party without the prior written consent of Company.

   3.2 Disclaimer. Beta Tester agrees that the Evaluation Materials are pre-release versions and are not at the level of performance or compatibility of a final, generally available Company Product offering. The Evaluation Materials may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. In no event shall Company be liable for any damage whatsoever arising out of the use of or inability to use such Evaluation Materials (including, without limitation, loss of data), even if Company has been advised of the possibility of such damages.

4. Ownership. All right, title, and interest in and to the Evaluation Materials, including, without limitation, any improvements, modifications, and enhancements made thereto, are and shall remain in Company. Except for those rights expressly granted to Beta Tester in Section 2, no other rights are granted, either express or implied, to Beta Tester hereunder.

5. Feedback. Company may require Beta Tester to complete surveys and or provide suggestions, comments, technical information, evaluation results, or other feedback concerning the functionality and performance of the Evaluation Materials, including without limitation identifying potential errors and/or improvements ("Feedback") to Company in connection with this Agreement. Feedback and other information that is provided by Beta Tester to Company in connection with this Agreement may be used by Company to improve or enhance its products and, accordingly, Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback and information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the use or exploitation of the Feedback by Company.

6. Confidentiality.

   6.1 Confidential Information. Regardless of whether marked or designated "confidential" or "proprietary" by Company, the Evaluation Materials and all trade secrets, performance data, designs, features, layouts, configurations, processes, formulae, specifications, programs, test results, Feedback, technical know-how, methods and procedures of operation, and other information relating thereto (or otherwise obtained in connection with Beta Tester's use or evaluation of the Evaluation Materials) shall be deemed to be confidential information of Company ("Confidential Information").

   6.2 Protection of Confidential Information. Beta Tester acknowledges that Company claims Confidential Information as a special, valuable, and unique asset. Confidential Information is provided to Beta Tester solely for Beta Tester to evaluate and provide Feedback to Company, and Beta Tester shall not use Confidential Information in any other manner. Beta Tester agrees that it will not disclose Confidential Information to any third party. Beta Tester shall maintain the confidentiality of Confidential Information with at least the same degree of care that it uses to protect its own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. Without limiting the foregoing, Beta Tester shall not disclose to any third party, including, without limitation, any blog or website, Beta Tester's use of the Evaluation Materials or participation in the Beta Test program, the results of any tests of the Evaluation Materials, including, without limitation, any features, problems, on-screen displays, or any Feedback.

7. Collection of Information.

   7.1 Consent to Use Registration Information. Beta Tester represents and warrants that the information Beta Tester provides to Company during the Beta Test registration process ("Registration Information") is accurate and acknowledges that Beta Tester's selection as a beta tester may be based on Company's review of such information. Beta Tester acknowledges and consents to Company's use of Registration Information for: (i) qualifying Beta Tester into the Beta Test program, (ii) administrating the Beta Test program, and (iii) general marketing purposes. Registration Information shall be otherwise handled by Company in accordance with its Privacy Statement (currently available at: https://www.sandisk.com/legal/privacy-statement), which is hereby incorporated by reference.

   7.2 Consent to Collection and Use of Additional Information. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF ADDITIONAL INFORMATION AS DESCRIBED IN THIS SECTION. Beta Tester acknowledges that the Evaluation Materials may contain software that collects and automatically reports to Company certain data, Usage Data (as defined in this section), files, logs, and other related information that may include personally identifiable information (collectively, the "Additional Information"). "Usage Data" includes information about how you use the Company Products and includes items such as device information and configuration; CPU/device and other usage statistics by application; API calls; service crash information; network status; storage utilization; search terms; file attributes (for example, content metadata such as file size, type, source, creation/modification/access dates and times, camera make/model, location, and tags/descriptions); correlations among files; and third-party account information that you link to the service. You agree that Company may use Additional Information to improve the quality and performance of Company's products, services, and apps and to personalize your experience with Company's products, services, and apps, including by sending you in-app and push notifications. Company shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Additional Information for any purpose and in any medium or product without restriction. Such right and license shall survive any termination or expiration of this Agreement for any reason. Beta Tester covenants that it will not assert against Company or any of its directors, officers, employees, subcontractors, or agents any claim or action arising from the transmission, collection, use, or exploitation of the Additional Information by Company.

   7.3 Consent to Collection and Use of Personally Identifiable Information for Marketing Communications. BY CLICKING TO ACCEPT THE TERMS IN THIS AGREEMENT OR BY SIGNING THIS AGREEMENT, YOU CONSENT TO COMPANY'S COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING COMMUNICATIONS AS DESCRIBED IN THIS SECTION. Company may use personally identifiable information from your use of Company's products and services to send you marketing communications, including targeted advertisements, via in-app messages, push notifications, and email. We may use personally identifiable information to provide you with ads that are relevant to you. This may include information related to your use of the Company Products, such as your name, email address, IP address, subscription information, and account preferences (for example, language and time zone preferences); Additional Information; information about your use of any third-party services (for example, cloud and social media services such as Facebook, Instagram, Dropbox, Google Drive, and OneDrive) connected to the Company Products; information about your use of SanDisk's services, such as the SanDisk Store, which may include your purchase history, location, and account preferences (for example, language preferences); and information about your use of SanDisk's sites and the use of cookies as described in our Cookie Statement, which is incorporated here by reference and available at https://www.sandisk.com/legal/cookie-statement.

8. Termination; Return of the Evaluation Materials.

   8.1 Termination. This Agreement shall terminate upon the delivery of written notice of termination by Company to Beta Tester (e-mail to suffice).

   8.2 Return of the Evaluation Materials. Beta Tester may be asked to return to Company and/or destroy all Evaluation Materials, Confidential Information, and related materials, and within five (5) days after termination of this Agreement, or within two (2) days of Company's request at any time, Beta Tester shall certify in writing its compliance thereto. If requested to return Evaluation Materials by Company, Beta Tester shall delete all data stored on any applicable Evaluation Materials prior to returning such Evaluation Materials. It is the Beta Tester's responsibility to delete data from all applicable Evaluation Materials. Company shall not be responsible for any possible disclosure of data, upon receipt of any Evaluation Materials.

   8.3 Survival. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive the termination of this Agreement for any reason.

9. Remedies. Beta Tester agrees that the obligations of Beta Tester provided herein are necessary and reasonable in order to protect Company and its business, and Beta Tester expressly agrees that monetary damages would be inadequate to compensate Company for any breach by Beta Tester of its covenants and agreements set forth herein. Accordingly, Beta Tester agrees and acknowledges that any such violation or threatened violation (including without limitation a violation or threatened violation of Section 6) will cause irreparable injury to Company and that, in addition to any other remedies that may be available in law, in equity, or otherwise, Company shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement or the continuation of any such breach by Beta Tester, without the necessity of proving actual damages or posting a bond.

10. WARRANTY DISCLAIMER. COMPANY MAKES NO REPRESENTATION AS TO THE NATURE OR TIMING OF THE DELIVERY OF THE EVALUATION MATERIALS. THE EVALUATION MATERIALS MAY CONTAIN DEFECTS, MAY RESULT IN LOSS OF DATA IN THE EVALUATION MATERIALS AND THE BETA TESTER'S COMPUTER SYSTEMS, AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE EVALUATION MATERIALS AND ANY ANCILLARY SERVICES (INCLUDING, WITHOUT LIMITATION, INSTALLATION OR SUPPORT) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COMPANY HAVE LIABILITY FOR ANY LOSS OF DATA IN THE EVALUATION MATERIALS OR THE BETA TESTER'S COMPUTER SYSTEM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUT FOR BETA TESTER'S ACCEPTANCE OF THIS SECTION 11, COMPANY WOULD NOT HAVE GRANTED THE LICENSE HEREIN.

12. Miscellaneous. This Agreement shall be governed by the laws of California without reference to conflict of laws principles. Jurisdiction and venue for any dispute arising from or related to this Agreement shall be in the federal and state courts of Santa Clara County, California, U.S.A., and each party hereby consents to the exclusive jurisdiction and venue of such courts. Beta Tester shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Company. Company shall have the right to assign this Agreement in connection with a merger, acquisition, sale of assets, change of control, or similar arrangement. Beta Tester shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the Evaluation Materials, technology, and documentation provided hereunder. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall supersede and replace any prior agreement on the subject matter hereto. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect. The headings contained herein are for reference only and shall not affect the scope or intent of any clause or provision of this Agreement.