Last Updated September 1, 2020

These Terms of Use (these “Terms of Use”) govern your Use (as defined below) of the websites offered by Western Digital Technologies, Inc. and/or its affiliates (collectively, “Western Digital,” “we,” or “our”) and the content, features, materials, software and related documentation, and services available on such websites (such websites, content, features, materials, software and related documentation, and services, collectively, the “Services”).

IMPORTANT – PLEASE READ CAREFULLY – If you do not agree to these Terms of Use, then you are not authorized to Use the Services.

To help you navigate and find specific sections of these Terms of Use, please refer to this table of contents below:

By Using (as defined below) the Services: you represent and warrant that you are at least the age of majority in your jurisdiction and have all power, authority, and permissions necessary to enter into and be bound by these Terms of Use; you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use; and you agree to comply with all applicable laws and regulations in connection with your Use of the Services.

If you Use the Services on behalf of a company, organization, or other entity, then:  “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf; and you agree that such entity is legally and financially responsible for your Use of the Services as well as for the use of your User Account (as defined below) by others affiliated with your entity, including any employees, agents, or contractors

For purposes of these Terms of Use: the capitalized verb “Use” means to access, browse, create a User Account (as defined below) on, upload content or material to, download content or material from, or otherwise use the Services (and the noun “Use” and term “Using” will have corollary meanings); the terms “you” and “your” refer to you as a user who Uses the Services; and all references to the words “includes,” “included,” or “including” are deemed to be followed by the words “without limitation.”

WE MAY, AT OUR SOLE DISCRETION, CHANGE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS PAGE.  IF YOU CONTINUE TO USE THE SERVICES AFTER ANY SUCH CHANGE, THEN YOU ARE BOUND BY SUCH CHANGE.  THEREFORE, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.  IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU ARE NOT PERMITTED TO CONTINUE USING THE SERVICES.

We offer a broad range of products and services, including software products and services.  Some products or services available on our websites may be subject to other or additional terms and conditions (“Additional Terms”).  Those Additional Terms will be made available with the relevant products or services, such as by being posted directly on the website of those products or services or being presented as a separate set of terms and conditions at the time of purchase, download, access, browsing, or use of those products or services.  To the extent these Terms of Use apply to those products or services (e.g., because they are made available on our websites) but are inconsistent with the Additional Terms applicable to those products or services, those Additional Terms will supersede any inconsistent provisions in these Terms of Use and will control with respect to those products or services.

The Services, including their “look and feel” (e.g., text, graphics, images, and logos), proprietary content, information, and other materials contained on the Services, are protected by law, including United States intellectual property, copyright, trademark, and other laws, and international treaties.  You acknowledge that Western Digital and/or our licensors own all right, title, and interest in and to the Services (including any and all patent, copyright, trade secret, trademark, show-how, and know-how, and any and all other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.

Except as expressly authorized herein, none of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner’s prior written permission.  Subject to your compliance with these Terms of Use, Western Digital hereby grants you a limited non-exclusive right to access and use the materials contained on the Services, in each case for personal, non-commercial use only, and provided you do not modify, re-sell, or make commercial use of such materials.  This permission terminates automatically if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any materials obtained from the Services.

You agree that you will not: remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; decompile, disassemble, reverse compile, reverse assemble, or otherwise reverse engineer any Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); use any means to discover any confidential source code of any portion of the Services; or circumvent any functionality that controls access to or otherwise protects the Services.

You further agree not to Use the Services in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that Western Digital is not in any way responsible for any such Use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of Using the Services. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your Use of the Services. If you breach any of the foregoing, you may be subject to prosecution and damages.

You acknowledge that, except as expressly set forth herein, nothing in these Terms of Use shall be construed as conferring any license to you in our or any of our licensors’ patents or other intellectual property rights, whether by estoppel, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement.  Unauthorized Use of any Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We may require you to register an account to Use certain features or sections of the Services (a “User Account”). You may create a User Account by completing the registration process set forth on the applicable section of the Services. You are responsible for providing accurate and current account information.

You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Western Digital for Using the Services. You are fully responsible for all activities that occur under your User Account. Western Digital may not have control over the use of your or any other user’s User Account, and Western Digital expressly disclaims any liability derived therefrom.

Your Use of the Services is also subject to our Privacy Statement, which is available by clicking here (the “Privacy Statement”).  Please review the Privacy Statement to learn about our privacy practices.

As a condition of your Use of the Services, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the Services (“Your Content”), you hereby grant to Western Digital a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, fully sublicenseable (including to other users of the Services) license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.  You represent and warrant: that you own or otherwise control all of the rights to Your Content, including all copyrights; that Your Content is accurate and does not infringe or misappropriate the intellectual property rights of any third party, including, the rights of publicity and privacy; and that use of Your Content does not violate these Terms of Use or the Privacy Statement and will not cause injury to any person or entity.  We take no responsibility and assume no liability for any content or other materials submitted or posted through the Services by you or any third party.  To the extent that Your Content contains any images, you further represent and warrant that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Terms of Use.

WE RESERVE THE RIGHT TO PRE-SCREEN, REFUSE, MODIFY, OR REMOVE ANY CONTENT OR MATERIAL ON THE SERVICES FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION THAT SUCH CONTENT OR MATERIAL VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES.

The Services are controlled and operated by us from our offices within the United States.  We make no representation that the Services are appropriate or available for Use in other locations, and access to them from territories where their contents are illegal is prohibited.  Those who choose to Use the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  If you Use the Services from other locations, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries.  You acknowledge that some or all of the Services, including the materials contained thereon, may be subject to the United States Export Administration Laws and Regulations, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) Economic Sanctions Regulations, as well as export laws of other countries and that diversion of the Services contrary to the law of the United States or other applicable countries is prohibited.  You agree that none of the Services, nor any direct product thereof, is being or will be acquired for, shipped, transferred, exported, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be Used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States government (or other relevant government) for such purposes.  By accessing the website, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by OFAC, and that you are not a military end user or engaged in supporting or contributing to military end uses, as those terms are defined under the applicable regulations (including under Parts 744.9, 744.17, and 744.21 of the EAR).  You agree to comply strictly with all export, re-export, and import laws and assume sole responsibility for obtaining licenses to export, re-export, or import as may be required.

The Services may contain links to third-party websites or applications.  However, please be aware that we are not responsible for and do not control these other websites or applications.  Western Digital makes no representations whatsoever about any other website or application that you may access through the Services.  When you access a third-party website or application, even one that may display a Western Digital company logo, it is up to you to take precautions to ensure that you agree with that website’s or application’s terms of use and that the website or application is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  You agree that under no circumstances will Western Digital be liable in any way for any third-party websites or applications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WESTERN DIGITAL PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICES OR BEING UNABLE TO DO ANY OF THE FOREGOING. IN NO EVENT SHALL THE WESTERN DIGITAL PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WESTERN DIGITAL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WESTERN DIGITAL PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU AGREE TO HOLD THE WESTERN DIGITAL PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WESTERN DIGITAL PARTIES FOR, ANY CLAIMS RELATED TO THE SERVICES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS OF USE) FROM ANY WESTERN DIGITAL PARTIES IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE WESTERN DIGITAL PARTIES DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO $100.00 IF THE CLAIMS RELATE TO ANY SERVICES THAT ARE FREE).

THESE LIMITATIONS ON THE WESTERN DIGITAL PARTIES’ LIABILITY SHALL APPLY WHETHER OR NOT WESTERN DIGITAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL PARTS OFTHE SERVICES ARE PROVIDED BY WESTERN DIGITALON AN “AS IS,” “WITHALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WESTERNDIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,WARRANTIES, AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.WESTERN DIGITAL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE SERVICES.

Pursuant to Title 17, United States Code, Section 512(c), it is Western Digital’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws.  We respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please use the procedures as stated in our Copyright Policy.

The trademarks, logos, and service marks (collectively, “Marks”) displayed with the provision of our goods and services are the property of Western Digital or third parties.  Western Digital’s Marks may only be used under limited circumstances and with Western Digital’s prior written approval.  Approvals are provided on a case-by-case basis.  All approved uses must be in strict accordance with our Trademark and Logo Usage Guidelines.  Click here for a non-exhaustive list of Western Digital Trademarks.

The Services are provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq., its successor(s), or any other applicable laws and regulations.  Use of the Services by the United States government constitutes acknowledgment of our proprietary rights in them.

Any claim arising from or relating to the Services, including the Use of (or inability to Use) the Services, is governed by, the laws of the State of California without regard to conflicts of laws principles.  You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising from or relating to your Use of the Services.  If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.

California users of the Services are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Some of the information on our Services, including our websites such as investor.wdc.com, may contain forward-looking statements within the meaning of the federal securities laws, including statements regarding future events, our future operating or financial plans or performance, our anticipated growth, trends in our business and the markets in which we operate, and other characterizations of future events or circumstances.  All statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties that may cause actual results to differ materially from those expressed or implied in the forward-looking statements.  More information about the risks and uncertainties that could affect our business are listed in our filings with the United States Securities and Exchange Commission (the “SEC”) and available on the SEC’s website at www.sec.gov, including our most recently filed periodic report, to which your attention is directed.  You should not place undue reliance on these forward-looking statements.  We do not undertake any obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments, or otherwise, except as required by law.

Western Digital reserves the right to change or discontinue, temporarily or permanently, the Services (or any part thereof), or the products or services described therein, at any time without notice.  Upon any termination of the Services or any portion thereof, Western Digital has no obligation to maintain or provide Your Content or other data.

If you have questions, complaints, or comments about these Terms of Use, if you wish to receive further information regarding the Services, or if you wish to otherwise contact Western Digital, please contact us at the information located on our Contact Western Digital page.

Last Updated September 1, 2020

These Terms of Use (these “Terms of Use”) govern your Use (as defined below) of the websites offered by Western Digital Technologies, Inc. and/or its affiliates (collectively, “Western Digital,” “we,” or “our”) and the content, features, materials, software and related documentation, and services available on such websites (such websites, content, features, materials, software and related documentation, and services, collectively, the “Services”).

IMPORTANT – PLEASE READ CAREFULLY – If you do not agree to these Terms of Use, then you are not authorized to Use the Services.

To help you navigate and find specific sections of these Terms of Use, please refer to this table of contents below:

By Using (as defined below) the Services: you represent and warrant that you are at least the age of majority in your jurisdiction and have all power, authority, and permissions necessary to enter into and be bound by these Terms of Use; you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use; and you agree to comply with all applicable laws and regulations in connection with your Use of the Services.

If you Use the Services on behalf of a company, organization, or other entity, then:  “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf; and you agree that such entity is legally and financially responsible for your Use of the Services as well as for the use of your User Account (as defined below) by others affiliated with your entity, including any employees, agents, or contractors

For purposes of these Terms of Use: the capitalized verb “Use” means to access, browse, create a User Account (as defined below) on, upload content or material to, download content or material from, or otherwise use the Services (and the noun “Use” and term “Using” will have corollary meanings); the terms “you” and “your” refer to you as a user who Uses the Services; and all references to the words “includes,” “included,” or “including” are deemed to be followed by the words “without limitation.”

WE MAY, AT OUR SOLE DISCRETION, CHANGE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS PAGE.  IF YOU CONTINUE TO USE THE SERVICES AFTER ANY SUCH CHANGE, THEN YOU ARE BOUND BY SUCH CHANGE.  THEREFORE, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.  IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU ARE NOT PERMITTED TO CONTINUE USING THE SERVICES.

We offer a broad range of products and services, including software products and services.  Some products or services available on our websites may be subject to other or additional terms and conditions (“Additional Terms”).  Those Additional Terms will be made available with the relevant products or services, such as by being posted directly on the website of those products or services or being presented as a separate set of terms and conditions at the time of purchase, download, access, browsing, or use of those products or services.  To the extent these Terms of Use apply to those products or services (e.g., because they are made available on our websites) but are inconsistent with the Additional Terms applicable to those products or services, those Additional Terms will supersede any inconsistent provisions in these Terms of Use and will control with respect to those products or services.

The Services, including their “look and feel” (e.g., text, graphics, images, and logos), proprietary content, information, and other materials contained on the Services, are protected by law, including United States intellectual property, copyright, trademark, and other laws, and international treaties.  You acknowledge that Western Digital and/or our licensors own all right, title, and interest in and to the Services (including any and all patent, copyright, trade secret, trademark, show-how, and know-how, and any and all other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.

Except as expressly authorized herein, none of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner’s prior written permission.  Subject to your compliance with these Terms of Use, Western Digital hereby grants you a limited non-exclusive right to access and use the materials contained on the Services, in each case for personal, non-commercial use only, and provided you do not modify, re-sell, or make commercial use of such materials.  This permission terminates automatically if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any materials obtained from the Services.

You agree that you will not: remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; decompile, disassemble, reverse compile, reverse assemble, or otherwise reverse engineer any Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); use any means to discover any confidential source code of any portion of the Services; or circumvent any functionality that controls access to or otherwise protects the Services.

You further agree not to Use the Services in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that Western Digital is not in any way responsible for any such Use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of Using the Services. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your Use of the Services. If you breach any of the foregoing, you may be subject to prosecution and damages.

You acknowledge that, except as expressly set forth herein, nothing in these Terms of Use shall be construed as conferring any license to you in our or any of our licensors’ patents or other intellectual property rights, whether by estoppel, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement.  Unauthorized Use of any Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We may require you to register an account to Use certain features or sections of the Services (a “User Account”). You may create a User Account by completing the registration process set forth on the applicable section of the Services. You are responsible for providing accurate and current account information.

You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Western Digital for Using the Services. You are fully responsible for all activities that occur under your User Account. Western Digital may not have control over the use of your or any other user’s User Account, and Western Digital expressly disclaims any liability derived therefrom.

Your Use of the Services is also subject to our Privacy Statement, which is available by clicking here (the “Privacy Statement”).  Please review the Privacy Statement to learn about our privacy practices.

As a condition of your Use of the Services, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the Services (“Your Content”), you hereby grant to Western Digital a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, fully sublicenseable (including to other users of the Services) license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.  You represent and warrant: that you own or otherwise control all of the rights to Your Content, including all copyrights; that Your Content is accurate and does not infringe or misappropriate the intellectual property rights of any third party, including, the rights of publicity and privacy; and that use of Your Content does not violate these Terms of Use or the Privacy Statement and will not cause injury to any person or entity.  We take no responsibility and assume no liability for any content or other materials submitted or posted through the Services by you or any third party.  To the extent that Your Content contains any images, you further represent and warrant that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Terms of Use.

WE RESERVE THE RIGHT TO PRE-SCREEN, REFUSE, MODIFY, OR REMOVE ANY CONTENT OR MATERIAL ON THE SERVICES FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION THAT SUCH CONTENT OR MATERIAL VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES.

The Services are controlled and operated by us from our offices within the United States.  We make no representation that the Services are appropriate or available for Use in other locations, and access to them from territories where their contents are illegal is prohibited.  Those who choose to Use the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  If you Use the Services from other locations, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries.  You acknowledge that some or all of the Services, including the materials contained thereon, may be subject to the United States Export Administration Laws and Regulations, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) Economic Sanctions Regulations, as well as export laws of other countries and that diversion of the Services contrary to the law of the United States or other applicable countries is prohibited.  You agree that none of the Services, nor any direct product thereof, is being or will be acquired for, shipped, transferred, exported, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be Used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States government (or other relevant government) for such purposes.  By accessing the website, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by OFAC, and that you are not a military end user or engaged in supporting or contributing to military end uses, as those terms are defined under the applicable regulations (including under Parts 744.9, 744.17, and 744.21 of the EAR).  You agree to comply strictly with all export, re-export, and import laws and assume sole responsibility for obtaining licenses to export, re-export, or import as may be required.

The Services may contain links to third-party websites or applications.  However, please be aware that we are not responsible for and do not control these other websites or applications.  Western Digital makes no representations whatsoever about any other website or application that you may access through the Services.  When you access a third-party website or application, even one that may display a Western Digital company logo, it is up to you to take precautions to ensure that you agree with that website’s or application’s terms of use and that the website or application is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  You agree that under no circumstances will Western Digital be liable in any way for any third-party websites or applications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WESTERN DIGITAL PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICES OR BEING UNABLE TO DO ANY OF THE FOREGOING. IN NO EVENT SHALL THE WESTERN DIGITAL PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WESTERN DIGITAL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WESTERN DIGITAL PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU AGREE TO HOLD THE WESTERN DIGITAL PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WESTERN DIGITAL PARTIES FOR, ANY CLAIMS RELATED TO THE SERVICES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS OF USE) FROM ANY WESTERN DIGITAL PARTIES IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE WESTERN DIGITAL PARTIES DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO $100.00 IF THE CLAIMS RELATE TO ANY SERVICES THAT ARE FREE).

THESE LIMITATIONS ON THE WESTERN DIGITAL PARTIES’ LIABILITY SHALL APPLY WHETHER OR NOT WESTERN DIGITAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL PARTS OFTHE SERVICES ARE PROVIDED BY WESTERN DIGITALON AN “AS IS,” “WITHALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WESTERNDIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,WARRANTIES, AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.WESTERN DIGITAL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE SERVICES.

Pursuant to Title 17, United States Code, Section 512(c), it is Western Digital’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws.  We respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please use the procedures as stated in our Copyright Policy.

The trademarks, logos, and service marks (collectively, “Marks”) displayed with the provision of our goods and services are the property of Western Digital or third parties.  Western Digital’s Marks may only be used under limited circumstances and with Western Digital’s prior written approval.  Approvals are provided on a case-by-case basis.  All approved uses must be in strict accordance with our Trademark and Logo Usage Guidelines.  Click here for a non-exhaustive list of Western Digital Trademarks.

The Services are provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq., its successor(s), or any other applicable laws and regulations.  Use of the Services by the United States government constitutes acknowledgment of our proprietary rights in them.

Any claim arising from or relating to the Services, including the Use of (or inability to Use) the Services, is governed by, the laws of the State of California without regard to conflicts of laws principles.  You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising from or relating to your Use of the Services.  If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.

California users of the Services are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Some of the information on our Services, including our websites such as investor.wdc.com, may contain forward-looking statements within the meaning of the federal securities laws, including statements regarding future events, our future operating or financial plans or performance, our anticipated growth, trends in our business and the markets in which we operate, and other characterizations of future events or circumstances.  All statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties that may cause actual results to differ materially from those expressed or implied in the forward-looking statements.  More information about the risks and uncertainties that could affect our business are listed in our filings with the United States Securities and Exchange Commission (the “SEC”) and available on the SEC’s website at www.sec.gov, including our most recently filed periodic report, to which your attention is directed.  You should not place undue reliance on these forward-looking statements.  We do not undertake any obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments, or otherwise, except as required by law.

Western Digital reserves the right to change or discontinue, temporarily or permanently, the Services (or any part thereof), or the products or services described therein, at any time without notice.  Upon any termination of the Services or any portion thereof, Western Digital has no obligation to maintain or provide Your Content or other data.

If you have questions, complaints, or comments about these Terms of Use, if you wish to receive further information regarding the Services, or if you wish to otherwise contact Western Digital, please contact us at the information located on our Contact Western Digital page.

Last Updated September 1, 2020

These Terms of Use (these “Terms of Use”) govern your Use (as defined below) of the websites offered by Western Digital Technologies, Inc. and/or its affiliates (collectively, “Western Digital,” “we,” or “our”) and the content, features, materials, software and related documentation, and services available on such websites (such websites, content, features, materials, software and related documentation, and services, collectively, the “Services”).

IMPORTANT – PLEASE READ CAREFULLY – If you do not agree to these Terms of Use, then you are not authorized to Use the Services.

To help you navigate and find specific sections of these Terms of Use, please refer to this table of contents below:

By Using (as defined below) the Services: you represent and warrant that you are at least the age of majority in your jurisdiction and have all power, authority, and permissions necessary to enter into and be bound by these Terms of Use; you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use; and you agree to comply with all applicable laws and regulations in connection with your Use of the Services.

If you Use the Services on behalf of a company, organization, or other entity, then:  “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf; and you agree that such entity is legally and financially responsible for your Use of the Services as well as for the use of your User Account (as defined below) by others affiliated with your entity, including any employees, agents, or contractors

For purposes of these Terms of Use: the capitalized verb “Use” means to access, browse, create a User Account (as defined below) on, upload content or material to, download content or material from, or otherwise use the Services (and the noun “Use” and term “Using” will have corollary meanings); the terms “you” and “your” refer to you as a user who Uses the Services; and all references to the words “includes,” “included,” or “including” are deemed to be followed by the words “without limitation.”

WE MAY, AT OUR SOLE DISCRETION, CHANGE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS PAGE.  IF YOU CONTINUE TO USE THE SERVICES AFTER ANY SUCH CHANGE, THEN YOU ARE BOUND BY SUCH CHANGE.  THEREFORE, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.  IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU ARE NOT PERMITTED TO CONTINUE USING THE SERVICES.

We offer a broad range of products and services, including software products and services.  Some products or services available on our websites may be subject to other or additional terms and conditions (“Additional Terms”).  Those Additional Terms will be made available with the relevant products or services, such as by being posted directly on the website of those products or services or being presented as a separate set of terms and conditions at the time of purchase, download, access, browsing, or use of those products or services.  To the extent these Terms of Use apply to those products or services (e.g., because they are made available on our websites) but are inconsistent with the Additional Terms applicable to those products or services, those Additional Terms will supersede any inconsistent provisions in these Terms of Use and will control with respect to those products or services.

The Services, including their “look and feel” (e.g., text, graphics, images, and logos), proprietary content, information, and other materials contained on the Services, are protected by law, including United States intellectual property, copyright, trademark, and other laws, and international treaties.  You acknowledge that Western Digital and/or our licensors own all right, title, and interest in and to the Services (including any and all patent, copyright, trade secret, trademark, show-how, and know-how, and any and all other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.

Except as expressly authorized herein, none of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner’s prior written permission.  Subject to your compliance with these Terms of Use, Western Digital hereby grants you a limited non-exclusive right to access and use the materials contained on the Services, in each case for personal, non-commercial use only, and provided you do not modify, re-sell, or make commercial use of such materials.  This permission terminates automatically if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any materials obtained from the Services.

You agree that you will not: remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; decompile, disassemble, reverse compile, reverse assemble, or otherwise reverse engineer any Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); use any means to discover any confidential source code of any portion of the Services; or circumvent any functionality that controls access to or otherwise protects the Services.

You further agree not to Use the Services in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that Western Digital is not in any way responsible for any such Use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of Using the Services. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your Use of the Services. If you breach any of the foregoing, you may be subject to prosecution and damages.

You acknowledge that, except as expressly set forth herein, nothing in these Terms of Use shall be construed as conferring any license to you in our or any of our licensors’ patents or other intellectual property rights, whether by estoppel, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement.  Unauthorized Use of any Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We may require you to register an account to Use certain features or sections of the Services (a “User Account”). You may create a User Account by completing the registration process set forth on the applicable section of the Services. You are responsible for providing accurate and current account information.

You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Western Digital for Using the Services. You are fully responsible for all activities that occur under your User Account. Western Digital may not have control over the use of your or any other user’s User Account, and Western Digital expressly disclaims any liability derived therefrom.

Your Use of the Services is also subject to our Privacy Statement, which is available by clicking here (the “Privacy Statement”).  Please review the Privacy Statement to learn about our privacy practices.

As a condition of your Use of the Services, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the Services (“Your Content”), you hereby grant to Western Digital a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, fully sublicenseable (including to other users of the Services) license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.  You represent and warrant: that you own or otherwise control all of the rights to Your Content, including all copyrights; that Your Content is accurate and does not infringe or misappropriate the intellectual property rights of any third party, including, the rights of publicity and privacy; and that use of Your Content does not violate these Terms of Use or the Privacy Statement and will not cause injury to any person or entity.  We take no responsibility and assume no liability for any content or other materials submitted or posted through the Services by you or any third party.  To the extent that Your Content contains any images, you further represent and warrant that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Terms of Use.

WE RESERVE THE RIGHT TO PRE-SCREEN, REFUSE, MODIFY, OR REMOVE ANY CONTENT OR MATERIAL ON THE SERVICES FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION THAT SUCH CONTENT OR MATERIAL VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES.

The Services are controlled and operated by us from our offices within the United States.  We make no representation that the Services are appropriate or available for Use in other locations, and access to them from territories where their contents are illegal is prohibited.  Those who choose to Use the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  If you Use the Services from other locations, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries.  You acknowledge that some or all of the Services, including the materials contained thereon, may be subject to the United States Export Administration Laws and Regulations, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) Economic Sanctions Regulations, as well as export laws of other countries and that diversion of the Services contrary to the law of the United States or other applicable countries is prohibited.  You agree that none of the Services, nor any direct product thereof, is being or will be acquired for, shipped, transferred, exported, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be Used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States government (or other relevant government) for such purposes.  By accessing the website, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by OFAC, and that you are not a military end user or engaged in supporting or contributing to military end uses, as those terms are defined under the applicable regulations (including under Parts 744.9, 744.17, and 744.21 of the EAR).  You agree to comply strictly with all export, re-export, and import laws and assume sole responsibility for obtaining licenses to export, re-export, or import as may be required.

The Services may contain links to third-party websites or applications.  However, please be aware that we are not responsible for and do not control these other websites or applications.  Western Digital makes no representations whatsoever about any other website or application that you may access through the Services.  When you access a third-party website or application, even one that may display a Western Digital company logo, it is up to you to take precautions to ensure that you agree with that website’s or application’s terms of use and that the website or application is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  You agree that under no circumstances will Western Digital be liable in any way for any third-party websites or applications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WESTERN DIGITAL PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICES OR BEING UNABLE TO DO ANY OF THE FOREGOING. IN NO EVENT SHALL THE WESTERN DIGITAL PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WESTERN DIGITAL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WESTERN DIGITAL PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU AGREE TO HOLD THE WESTERN DIGITAL PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WESTERN DIGITAL PARTIES FOR, ANY CLAIMS RELATED TO THE SERVICES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS OF USE) FROM ANY WESTERN DIGITAL PARTIES IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE WESTERN DIGITAL PARTIES DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO $100.00 IF THE CLAIMS RELATE TO ANY SERVICES THAT ARE FREE).

THESE LIMITATIONS ON THE WESTERN DIGITAL PARTIES’ LIABILITY SHALL APPLY WHETHER OR NOT WESTERN DIGITAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL PARTS OFTHE SERVICES ARE PROVIDED BY WESTERN DIGITALON AN “AS IS,” “WITHALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WESTERNDIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,WARRANTIES, AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.WESTERN DIGITAL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE SERVICES.

Pursuant to Title 17, United States Code, Section 512(c), it is Western Digital’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws.  We respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please use the procedures as stated in our Copyright Policy.

The trademarks, logos, and service marks (collectively, “Marks”) displayed with the provision of our goods and services are the property of Western Digital or third parties.  Western Digital’s Marks may only be used under limited circumstances and with Western Digital’s prior written approval.  Approvals are provided on a case-by-case basis.  All approved uses must be in strict accordance with our Trademark and Logo Usage Guidelines.  Click here for a non-exhaustive list of Western Digital Trademarks.

The Services are provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq., its successor(s), or any other applicable laws and regulations.  Use of the Services by the United States government constitutes acknowledgment of our proprietary rights in them.

Any claim arising from or relating to the Services, including the Use of (or inability to Use) the Services, is governed by, the laws of the State of California without regard to conflicts of laws principles.  You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising from or relating to your Use of the Services.  If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.

California users of the Services are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Some of the information on our Services, including our websites such as investor.wdc.com, may contain forward-looking statements within the meaning of the federal securities laws, including statements regarding future events, our future operating or financial plans or performance, our anticipated growth, trends in our business and the markets in which we operate, and other characterizations of future events or circumstances.  All statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties that may cause actual results to differ materially from those expressed or implied in the forward-looking statements.  More information about the risks and uncertainties that could affect our business are listed in our filings with the United States Securities and Exchange Commission (the “SEC”) and available on the SEC’s website at www.sec.gov, including our most recently filed periodic report, to which your attention is directed.  You should not place undue reliance on these forward-looking statements.  We do not undertake any obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments, or otherwise, except as required by law.

Western Digital reserves the right to change or discontinue, temporarily or permanently, the Services (or any part thereof), or the products or services described therein, at any time without notice.  Upon any termination of the Services or any portion thereof, Western Digital has no obligation to maintain or provide Your Content or other data.

If you have questions, complaints, or comments about these Terms of Use, if you wish to receive further information regarding the Services, or if you wish to otherwise contact Western Digital, please contact us at the information located on our Contact Western Digital page.

Last Updated September 1, 2020

These Terms of Use (these “Terms of Use”) govern your Use (as defined below) of the websites offered by Western Digital Technologies, Inc. and/or its affiliates (collectively, “Western Digital,” “we,” or “our”) and the content, features, materials, software and related documentation, and services available on such websites (such websites, content, features, materials, software and related documentation, and services, collectively, the “Services”).

IMPORTANT – PLEASE READ CAREFULLY – If you do not agree to these Terms of Use, then you are not authorized to Use the Services.

To help you navigate and find specific sections of these Terms of Use, please refer to this table of contents below:

By Using (as defined below) the Services: you represent and warrant that you are at least the age of majority in your jurisdiction and have all power, authority, and permissions necessary to enter into and be bound by these Terms of Use; you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use; and you agree to comply with all applicable laws and regulations in connection with your Use of the Services.

If you Use the Services on behalf of a company, organization, or other entity, then:  “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf; and you agree that such entity is legally and financially responsible for your Use of the Services as well as for the use of your User Account (as defined below) by others affiliated with your entity, including any employees, agents, or contractors

For purposes of these Terms of Use: the capitalized verb “Use” means to access, browse, create a User Account (as defined below) on, upload content or material to, download content or material from, or otherwise use the Services (and the noun “Use” and term “Using” will have corollary meanings); the terms “you” and “your” refer to you as a user who Uses the Services; and all references to the words “includes,” “included,” or “including” are deemed to be followed by the words “without limitation.”

WE MAY, AT OUR SOLE DISCRETION, CHANGE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS PAGE.  IF YOU CONTINUE TO USE THE SERVICES AFTER ANY SUCH CHANGE, THEN YOU ARE BOUND BY SUCH CHANGE.  THEREFORE, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.  IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU ARE NOT PERMITTED TO CONTINUE USING THE SERVICES.

We offer a broad range of products and services, including software products and services.  Some products or services available on our websites may be subject to other or additional terms and conditions (“Additional Terms”).  Those Additional Terms will be made available with the relevant products or services, such as by being posted directly on the website of those products or services or being presented as a separate set of terms and conditions at the time of purchase, download, access, browsing, or use of those products or services.  To the extent these Terms of Use apply to those products or services (e.g., because they are made available on our websites) but are inconsistent with the Additional Terms applicable to those products or services, those Additional Terms will supersede any inconsistent provisions in these Terms of Use and will control with respect to those products or services.

The Services, including their “look and feel” (e.g., text, graphics, images, and logos), proprietary content, information, and other materials contained on the Services, are protected by law, including United States intellectual property, copyright, trademark, and other laws, and international treaties.  You acknowledge that Western Digital and/or our licensors own all right, title, and interest in and to the Services (including any and all patent, copyright, trade secret, trademark, show-how, and know-how, and any and all other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.

Except as expressly authorized herein, none of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner’s prior written permission.  Subject to your compliance with these Terms of Use, Western Digital hereby grants you a limited non-exclusive right to access and use the materials contained on the Services, in each case for personal, non-commercial use only, and provided you do not modify, re-sell, or make commercial use of such materials.  This permission terminates automatically if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any materials obtained from the Services.

You agree that you will not: remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; decompile, disassemble, reverse compile, reverse assemble, or otherwise reverse engineer any Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); use any means to discover any confidential source code of any portion of the Services; or circumvent any functionality that controls access to or otherwise protects the Services.

You further agree not to Use the Services in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that Western Digital is not in any way responsible for any such Use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of Using the Services. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your Use of the Services. If you breach any of the foregoing, you may be subject to prosecution and damages.

You acknowledge that, except as expressly set forth herein, nothing in these Terms of Use shall be construed as conferring any license to you in our or any of our licensors’ patents or other intellectual property rights, whether by estoppel, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement.  Unauthorized Use of any Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We may require you to register an account to Use certain features or sections of the Services (a “User Account”). You may create a User Account by completing the registration process set forth on the applicable section of the Services. You are responsible for providing accurate and current account information.

You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Western Digital for Using the Services. You are fully responsible for all activities that occur under your User Account. Western Digital may not have control over the use of your or any other user’s User Account, and Western Digital expressly disclaims any liability derived therefrom.

Your Use of the Services is also subject to our Privacy Statement, which is available by clicking here (the “Privacy Statement”).  Please review the Privacy Statement to learn about our privacy practices.

As a condition of your Use of the Services, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the Services (“Your Content”), you hereby grant to Western Digital a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, fully sublicenseable (including to other users of the Services) license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.  You represent and warrant: that you own or otherwise control all of the rights to Your Content, including all copyrights; that Your Content is accurate and does not infringe or misappropriate the intellectual property rights of any third party, including, the rights of publicity and privacy; and that use of Your Content does not violate these Terms of Use or the Privacy Statement and will not cause injury to any person or entity.  We take no responsibility and assume no liability for any content or other materials submitted or posted through the Services by you or any third party.  To the extent that Your Content contains any images, you further represent and warrant that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Terms of Use.

WE RESERVE THE RIGHT TO PRE-SCREEN, REFUSE, MODIFY, OR REMOVE ANY CONTENT OR MATERIAL ON THE SERVICES FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION THAT SUCH CONTENT OR MATERIAL VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES.

The Services are controlled and operated by us from our offices within the United States.  We make no representation that the Services are appropriate or available for Use in other locations, and access to them from territories where their contents are illegal is prohibited.  Those who choose to Use the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  If you Use the Services from other locations, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries.  You acknowledge that some or all of the Services, including the materials contained thereon, may be subject to the United States Export Administration Laws and Regulations, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) Economic Sanctions Regulations, as well as export laws of other countries and that diversion of the Services contrary to the law of the United States or other applicable countries is prohibited.  You agree that none of the Services, nor any direct product thereof, is being or will be acquired for, shipped, transferred, exported, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be Used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States government (or other relevant government) for such purposes.  By accessing the website, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by OFAC, and that you are not a military end user or engaged in supporting or contributing to military end uses, as those terms are defined under the applicable regulations (including under Parts 744.9, 744.17, and 744.21 of the EAR).  You agree to comply strictly with all export, re-export, and import laws and assume sole responsibility for obtaining licenses to export, re-export, or import as may be required.

The Services may contain links to third-party websites or applications.  However, please be aware that we are not responsible for and do not control these other websites or applications.  Western Digital makes no representations whatsoever about any other website or application that you may access through the Services.  When you access a third-party website or application, even one that may display a Western Digital company logo, it is up to you to take precautions to ensure that you agree with that website’s or application’s terms of use and that the website or application is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  You agree that under no circumstances will Western Digital be liable in any way for any third-party websites or applications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WESTERN DIGITAL PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICES OR BEING UNABLE TO DO ANY OF THE FOREGOING. IN NO EVENT SHALL THE WESTERN DIGITAL PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WESTERN DIGITAL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WESTERN DIGITAL PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU AGREE TO HOLD THE WESTERN DIGITAL PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WESTERN DIGITAL PARTIES FOR, ANY CLAIMS RELATED TO THE SERVICES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS OF USE) FROM ANY WESTERN DIGITAL PARTIES IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE WESTERN DIGITAL PARTIES DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO $100.00 IF THE CLAIMS RELATE TO ANY SERVICES THAT ARE FREE).

THESE LIMITATIONS ON THE WESTERN DIGITAL PARTIES’ LIABILITY SHALL APPLY WHETHER OR NOT WESTERN DIGITAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL PARTS OFTHE SERVICES ARE PROVIDED BY WESTERN DIGITALON AN “AS IS,” “WITHALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WESTERNDIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,WARRANTIES, AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.WESTERN DIGITAL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE SERVICES.

Pursuant to Title 17, United States Code, Section 512(c), it is Western Digital’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws.  We respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please use the procedures as stated in our Copyright Policy.

The trademarks, logos, and service marks (collectively, “Marks”) displayed with the provision of our goods and services are the property of Western Digital or third parties.  Western Digital’s Marks may only be used under limited circumstances and with Western Digital’s prior written approval.  Approvals are provided on a case-by-case basis.  All approved uses must be in strict accordance with our Trademark and Logo Usage Guidelines.  Click here for a non-exhaustive list of Western Digital Trademarks.

The Services are provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq., its successor(s), or any other applicable laws and regulations.  Use of the Services by the United States government constitutes acknowledgment of our proprietary rights in them.

Any claim arising from or relating to the Services, including the Use of (or inability to Use) the Services, is governed by, the laws of the State of California without regard to conflicts of laws principles.  You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising from or relating to your Use of the Services.  If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.

California users of the Services are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Some of the information on our Services, including our websites such as investor.wdc.com, may contain forward-looking statements within the meaning of the federal securities laws, including statements regarding future events, our future operating or financial plans or performance, our anticipated growth, trends in our business and the markets in which we operate, and other characterizations of future events or circumstances.  All statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties that may cause actual results to differ materially from those expressed or implied in the forward-looking statements.  More information about the risks and uncertainties that could affect our business are listed in our filings with the United States Securities and Exchange Commission (the “SEC”) and available on the SEC’s website at www.sec.gov, including our most recently filed periodic report, to which your attention is directed.  You should not place undue reliance on these forward-looking statements.  We do not undertake any obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments, or otherwise, except as required by law.

Western Digital reserves the right to change or discontinue, temporarily or permanently, the Services (or any part thereof), or the products or services described therein, at any time without notice.  Upon any termination of the Services or any portion thereof, Western Digital has no obligation to maintain or provide Your Content or other data.

If you have questions, complaints, or comments about these Terms of Use, if you wish to receive further information regarding the Services, or if you wish to otherwise contact Western Digital, please contact us at the information located on our Contact Western Digital page.

Last Updated September 1, 2020

These Terms of Use (these “Terms of Use”) govern your Use (as defined below) of the websites offered by Western Digital Technologies, Inc. and/or its affiliates (collectively, “Western Digital,” “we,” or “our”) and the content, features, materials, software and related documentation, and services available on such websites (such websites, content, features, materials, software and related documentation, and services, collectively, the “Services”).

IMPORTANT – PLEASE READ CAREFULLY – If you do not agree to these Terms of Use, then you are not authorized to Use the Services.

To help you navigate and find specific sections of these Terms of Use, please refer to this table of contents below:

By Using (as defined below) the Services: you represent and warrant that you are at least the age of majority in your jurisdiction and have all power, authority, and permissions necessary to enter into and be bound by these Terms of Use; you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use; and you agree to comply with all applicable laws and regulations in connection with your Use of the Services.

If you Use the Services on behalf of a company, organization, or other entity, then:  “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf; and you agree that such entity is legally and financially responsible for your Use of the Services as well as for the use of your User Account (as defined below) by others affiliated with your entity, including any employees, agents, or contractors

For purposes of these Terms of Use: the capitalized verb “Use” means to access, browse, create a User Account (as defined below) on, upload content or material to, download content or material from, or otherwise use the Services (and the noun “Use” and term “Using” will have corollary meanings); the terms “you” and “your” refer to you as a user who Uses the Services; and all references to the words “includes,” “included,” or “including” are deemed to be followed by the words “without limitation.”

WE MAY, AT OUR SOLE DISCRETION, CHANGE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS PAGE.  IF YOU CONTINUE TO USE THE SERVICES AFTER ANY SUCH CHANGE, THEN YOU ARE BOUND BY SUCH CHANGE.  THEREFORE, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.  IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU ARE NOT PERMITTED TO CONTINUE USING THE SERVICES.

We offer a broad range of products and services, including software products and services.  Some products or services available on our websites may be subject to other or additional terms and conditions (“Additional Terms”).  Those Additional Terms will be made available with the relevant products or services, such as by being posted directly on the website of those products or services or being presented as a separate set of terms and conditions at the time of purchase, download, access, browsing, or use of those products or services.  To the extent these Terms of Use apply to those products or services (e.g., because they are made available on our websites) but are inconsistent with the Additional Terms applicable to those products or services, those Additional Terms will supersede any inconsistent provisions in these Terms of Use and will control with respect to those products or services.

The Services, including their “look and feel” (e.g., text, graphics, images, and logos), proprietary content, information, and other materials contained on the Services, are protected by law, including United States intellectual property, copyright, trademark, and other laws, and international treaties.  You acknowledge that Western Digital and/or our licensors own all right, title, and interest in and to the Services (including any and all patent, copyright, trade secret, trademark, show-how, and know-how, and any and all other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.

Except as expressly authorized herein, none of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner’s prior written permission.  Subject to your compliance with these Terms of Use, Western Digital hereby grants you a limited non-exclusive right to access and use the materials contained on the Services, in each case for personal, non-commercial use only, and provided you do not modify, re-sell, or make commercial use of such materials.  This permission terminates automatically if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any materials obtained from the Services.

You agree that you will not: remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; decompile, disassemble, reverse compile, reverse assemble, or otherwise reverse engineer any Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); use any means to discover any confidential source code of any portion of the Services; or circumvent any functionality that controls access to or otherwise protects the Services.

You further agree not to Use the Services in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that Western Digital is not in any way responsible for any such Use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of Using the Services. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your Use of the Services. If you breach any of the foregoing, you may be subject to prosecution and damages.

You acknowledge that, except as expressly set forth herein, nothing in these Terms of Use shall be construed as conferring any license to you in our or any of our licensors’ patents or other intellectual property rights, whether by estoppel, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement.  Unauthorized Use of any Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We may require you to register an account to Use certain features or sections of the Services (a “User Account”). You may create a User Account by completing the registration process set forth on the applicable section of the Services. You are responsible for providing accurate and current account information.

You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Western Digital for Using the Services. You are fully responsible for all activities that occur under your User Account. Western Digital may not have control over the use of your or any other user’s User Account, and Western Digital expressly disclaims any liability derived therefrom.

Your Use of the Services is also subject to our Privacy Statement, which is available by clicking here (the “Privacy Statement”).  Please review the Privacy Statement to learn about our privacy practices.

As a condition of your Use of the Services, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the Services (“Your Content”), you hereby grant to Western Digital a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, fully sublicenseable (including to other users of the Services) license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.  You represent and warrant: that you own or otherwise control all of the rights to Your Content, including all copyrights; that Your Content is accurate and does not infringe or misappropriate the intellectual property rights of any third party, including, the rights of publicity and privacy; and that use of Your Content does not violate these Terms of Use or the Privacy Statement and will not cause injury to any person or entity.  We take no responsibility and assume no liability for any content or other materials submitted or posted through the Services by you or any third party.  To the extent that Your Content contains any images, you further represent and warrant that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Terms of Use.

WE RESERVE THE RIGHT TO PRE-SCREEN, REFUSE, MODIFY, OR REMOVE ANY CONTENT OR MATERIAL ON THE SERVICES FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION THAT SUCH CONTENT OR MATERIAL VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES.

The Services are controlled and operated by us from our offices within the United States.  We make no representation that the Services are appropriate or available for Use in other locations, and access to them from territories where their contents are illegal is prohibited.  Those who choose to Use the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  If you Use the Services from other locations, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries.  You acknowledge that some or all of the Services, including the materials contained thereon, may be subject to the United States Export Administration Laws and Regulations, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) Economic Sanctions Regulations, as well as export laws of other countries and that diversion of the Services contrary to the law of the United States or other applicable countries is prohibited.  You agree that none of the Services, nor any direct product thereof, is being or will be acquired for, shipped, transferred, exported, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be Used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States government (or other relevant government) for such purposes.  By accessing the website, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by OFAC, and that you are not a military end user or engaged in supporting or contributing to military end uses, as those terms are defined under the applicable regulations (including under Parts 744.9, 744.17, and 744.21 of the EAR).  You agree to comply strictly with all export, re-export, and import laws and assume sole responsibility for obtaining licenses to export, re-export, or import as may be required.

The Services may contain links to third-party websites or applications.  However, please be aware that we are not responsible for and do not control these other websites or applications.  Western Digital makes no representations whatsoever about any other website or application that you may access through the Services.  When you access a third-party website or application, even one that may display a Western Digital company logo, it is up to you to take precautions to ensure that you agree with that website’s or application’s terms of use and that the website or application is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  You agree that under no circumstances will Western Digital be liable in any way for any third-party websites or applications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WESTERN DIGITAL PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICES OR BEING UNABLE TO DO ANY OF THE FOREGOING. IN NO EVENT SHALL THE WESTERN DIGITAL PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WESTERN DIGITAL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WESTERN DIGITAL PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU AGREE TO HOLD THE WESTERN DIGITAL PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WESTERN DIGITAL PARTIES FOR, ANY CLAIMS RELATED TO THE SERVICES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS OF USE) FROM ANY WESTERN DIGITAL PARTIES IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE WESTERN DIGITAL PARTIES DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO $100.00 IF THE CLAIMS RELATE TO ANY SERVICES THAT ARE FREE).

THESE LIMITATIONS ON THE WESTERN DIGITAL PARTIES’ LIABILITY SHALL APPLY WHETHER OR NOT WESTERN DIGITAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL PARTS OFTHE SERVICES ARE PROVIDED BY WESTERN DIGITALON AN “AS IS,” “WITHALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WESTERNDIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,WARRANTIES, AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.WESTERN DIGITAL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE SERVICES.

Pursuant to Title 17, United States Code, Section 512(c), it is Western Digital’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws.  We respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please use the procedures as stated in our Copyright Policy.

The trademarks, logos, and service marks (collectively, “Marks”) displayed with the provision of our goods and services are the property of Western Digital or third parties.  Western Digital’s Marks may only be used under limited circumstances and with Western Digital’s prior written approval.  Approvals are provided on a case-by-case basis.  All approved uses must be in strict accordance with our Trademark and Logo Usage Guidelines.  Click here for a non-exhaustive list of Western Digital Trademarks.

The Services are provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq., its successor(s), or any other applicable laws and regulations.  Use of the Services by the United States government constitutes acknowledgment of our proprietary rights in them.

Any claim arising from or relating to the Services, including the Use of (or inability to Use) the Services, is governed by, the laws of the State of California without regard to conflicts of laws principles.  You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising from or relating to your Use of the Services.  If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.

California users of the Services are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Some of the information on our Services, including our websites such as investor.wdc.com, may contain forward-looking statements within the meaning of the federal securities laws, including statements regarding future events, our future operating or financial plans or performance, our anticipated growth, trends in our business and the markets in which we operate, and other characterizations of future events or circumstances.  All statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties that may cause actual results to differ materially from those expressed or implied in the forward-looking statements.  More information about the risks and uncertainties that could affect our business are listed in our filings with the United States Securities and Exchange Commission (the “SEC”) and available on the SEC’s website at www.sec.gov, including our most recently filed periodic report, to which your attention is directed.  You should not place undue reliance on these forward-looking statements.  We do not undertake any obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments, or otherwise, except as required by law.

Western Digital reserves the right to change or discontinue, temporarily or permanently, the Services (or any part thereof), or the products or services described therein, at any time without notice.  Upon any termination of the Services or any portion thereof, Western Digital has no obligation to maintain or provide Your Content or other data.

If you have questions, complaints, or comments about these Terms of Use, if you wish to receive further information regarding the Services, or if you wish to otherwise contact Western Digital, please contact us at the information located on our Contact Western Digital page.

上次更新时间：2020 年 9 月 1 日

这些使用条款（“使用条款”）针对您使用（见下述定义）Western Digital Technologies，Inc.和/或其关联方（统称“Western Digital”、“我们”或“我们的”）提供的网站以及此类网站的内容、功能、资料、软件和相关文档及可用服务（统称为“服务”）的行为进行监管。

重要 - 请仔细阅读 - 如果您不同意使用条款，则您无权使用服务。

为帮助您浏览和查阅使用条款的特定部分，请参考下面的目录：

通过使用（见下文定义）服务：您声明并保证，您至少处于您所在辖区规定的成年年龄，并且拥有签订和接受使用条款的所有权力、权限和许可；您承认，您已阅读并理解使用条款，并同意受其约束；同时，您同意遵守与您使用服务相关的所有适用法律和法规。

如果您代表公司、组织或其他实体使用服务，则：“您”包括您和该实体；您声明并保证，您是该实体的授权代表并有权使该实体受到使用条款的约束，而且您能够代表该实体接受使用条款；此外，您同意，该实体对您使用服务的行为以及该实体其他关联方（包括任何雇员、代理商或承包商）使用您的用户帐户（见下文定义）的行为承担法律和财务责任。

就使用条款而言：大写动词“使用”指访问、浏览、创建用户帐户（见下文定义）、上传内容或资料、下载内容或资料或以其他方式使用服务（而且，名词“使用”和术语“使用”将具有对应含义）；术语“您”和“您的”指您作为使用服务的用户本人；并且本文所有“包括”都被视为“包括但不限于”。

我们可以随时自行决定通过更新本页面来修改使用条款。如果您在该修改后继续使用服务，那么您将受到此类修改的约束。因此，您应该定期访问本页面查阅使用条款。如果您不接受修改，您不得继续使用服务。

我们提供广泛的产品和服务，包括软件产品和服务。我们网站上提供的某些产品或服务可能需要遵守其他或额外的条款和条件（“额外条款”）。此类额外条款将与相关产品或服务一起提供，例如，直接在这些产品或服务的网站上发布，或在您购买、下载、访问、浏览或使用这些产品或服务时作为单独的一组条款和条件显示。如果使用条款适用于此类产品或服务（例如，因为我们的网站上提供此类产品或服务），但与适用于此类产品或服务的额外条款不一致，那么额外条款将取代使用条款中的不一致部分，并将对此类产品或服务具备约束力。

服务，包括服务中包含的“外观和感受”（例如，文本、图形、图像和标识）、专有内容、信息和其他资料，均受法律（包括美国知识产权法、版权法、商标法及其他法律和国际条约）保护。您承认Western Digital和/或我们的许可人拥有服务之中及与服务相关的所有权利、所有权和权益（包括任何和所有专利、版权、商业机密、商标、展示方法和专有技术，以及任何和所有在该等专利、版权、商业机密、商标、展示方法和专有技术之中或与其相关的其他知识产权）。您同意不采取与此类所有权权益不符的任何行动。

除非本文有明确授权，否则未经我们的事先书面许可或版权所有人的事先书面许可，您不得以任何形式或通过任何方式（包括电子、机械、影印、录制或其他方式）复制、转载、分发、重新发表、下载、展示、发布或传播任何服务。在您遵守使用条款的前提下，Western Digital特此授予您一项有限的非专有权利，以访问和使用服务中包含的资料并在任何情况下仅供个人、非商业化使用；但前提是，您不得修改、再销售或商业化此类资料。如果您违反任何使用条款，该权限将自动终止。终止后，您必须立即销毁从服务中获得的所有资料。

您同意不会：删除或更改服务中包含或包括的任何版权或其他专有权利声明或限制性权利标志；对任何服务、任何更新或其任何部分进行反编译、反汇编、逆向编译、逆向汇编或以其他方式进行反向工程（除非且仅在适用法律禁止任何上述限制时除外）；使用任何方式取得任何服务部分的机密源代码；或规避任何控制访问或以其他方式保护服务的措施。

您进一步同意不通过使用服务来以任何方式骚扰、滥用、追踪、威胁、诽谤、侵犯或以其他方式妨碍任何其他方的权利，或上传、发布、以电子邮件发送、传播或以其他方式提供任何非法、有害、威胁性、辱骂性、骚扰性、不正当、中伤性、粗俗、淫秽、诽谤性、侵犯他人隐私、仇恨性或种族性、民族性或其他令人反感的内容。您同意Western Digital对您的任何上述使用以及因使用服务而可能收到的任何骚扰性、威胁性、中伤性、冒犯性或非法性信息或传播不负任何责任。您同意不会有意或无意地违反任何与您使用服务有关的适用法律。如果您违反上述任何规定，您可能受到起诉并承担损害赔偿。

您承认，除非本文有明确规定，否则使用条款中的任何内容都不应被视为通过禁止反言、默示或其他方式向您授予我们或我们的任何许可方的专利或其他知识产权的许可；您同意对通过单独的书面协议获得此类许可承担全部责任。未经授权使用任何服务的行为可能违反版权法、商标法、隐私和公示法以及通讯条例和法规。

我们可能要求您注册帐户来使用服务的某些功能或部分（“用户帐户”）。您可以通过完成服务中相关部分规定的注册过程来创建用户帐户。您有责任提供准确和最新的帐户信息。

您是用户帐户的唯一授权用户。您有责任保持自身或Western Digital为您使用服务而设置或提供的任何密码和帐号的机密性。您对自身用户帐户下发生的所有活动负完全责任。Western Digital可能无法控制您或其他用户之用户帐户的使用情况，且Western Digital明确表示不承担任何由此引起的责任。

您对服务的使用也受我们的隐私声明的约束。您可以点击这里查看隐私声明（“隐私声明”）。请查看隐私声明以了解我们的隐私惯例。

作为您使用服务的条件，当您通过服务来发布、上传、发表、提交、展示或传输任何内容或其他资料（“您的内容”）时，您特此授予Western Digital一项非独占、永久性、不可撤销、免版税、全球性、可转让、完全可再许可（包括向服务的其他用户进行再许可）的许可，以便后者为任何和所有商业或非商业目的而访问、使用、转载、传输、展示、发表、分发、公开展演、公开展示、修改或改编您的内容，或基于该内容创建衍生作品并将您的内容纳入任何格式或媒介的其他作品中。您声明并保证：您拥有或以其他方式控制有关您的内容的所有权利，包括所有版权；您的内容准确无误并且不侵犯或盗用任何第三方的知识产权，包括公开权和隐私权；并且使用您的内容不违反使用条款或隐私声明，且不会对任何个人或实体造成伤害。对于您或任何第三方通过服务提交或发布的任何内容或其他资料，我们不承担任何责任。如果您的内容包含任何图像，则您进一步声明并保证该图像中的每个人（如有）已同意您根据使用条款的规定使用图像。

我们保留以任何理由预先屏蔽、拒绝、修改或删除服务上的任何内容或资料的权利，包括我们自行判断后认为此类内容或资料违反任何法律或任何人的权利、侵犯任何人的权利或者不适宜在服务上发布。

本服务由我们在美国境内的办事处控制和运营。 我们未对服务在其他地点的适合性或可用性作出任何声明，并且禁止在服务内容不合法的地区访问这些服务。 选择从其他地点使用服务纯属个人行为，且您有责任遵守适用的地方法律。 如果从其他地点使用服务，则您有责任遵守适用的地方法律，包括其他国家/地区的进出口法规。 您承认，本服务的部分或全部内容，包括其中包含的材料，可能受美国出口管理法律法规、美国财政部外国资产控制办公室（“OFAC”）经济制裁法规，以及其他国家/地区的出口法律的约束，禁止违反美国法律或其他适用国家/地区的法律转让本服务。 您同意，除非美国政府（或其他相关政府）明确授权，否则本服务的任何部分或任何直接产品，均不得/不会直接或间接运输、传输、出口或再出口到被禁止或禁运的国家/地区或其国民，也不得用于核活动、化学生物武器或导弹项目。 访问本网站，即表示您声明并保证根据适用法规下的相关术语（包括 EAR 的 744.9、744.17 和 744.21 部分），您不是任何受美国政府禁运约束的国家或地区的公民或居民，也不是这些国家/地区的常住居民；您未在 OFAC 维护的“特别指定国民及被封锁人士”名单上被列为受制裁方；您并非军事最终用户，也不参与支持或促进军事最终用途。 您同意严格遵守所有出口、再出口和进口法律，并对取得可能需要的出口、再出口或者进口许可证承担全部责任。

服务可能包含指向第三方网站或应用程序的链接。但请注意，我们对此类网站或应用程序不承担责任也无法做出控制。Western Digital对您可能通过服务访问的任何其他网站或应用程序不做任何陈述。当您访问第三方网站或应用程序（即使其中可能显示Western Digital标识）时，您需要预先采取措施以确保您同意该网站或应用程序的使用条款，并确保该网站或应用程序并无病毒、蠕虫、特洛伊木马和其他破坏性项目。您同意，Western Digital在任何情况下都不会以任何方式对任何第三方网站或应用程序承担责任。

在适用法律允许的最大范围内，我们及我们的董事、高级管理人员、雇员和顾问（统称为“Western Digital各方”）不对由于使用、修改、提供、复制、分发或下载服务或无法执行上述任何一项活动导致的损害赔偿承担责任。在任何情况下，Western Digital均不对任何间接性、特别性、示范性，惩罚性、特殊性、附带性或后果性损害赔偿（包括数据、收入、利润、使用或其他经济利益的丢失或损失）负责，无论此类损害如何发生或是否因违约或侵权行为出现，即使Western Digital事先已被告知此类损害的可能性。

您同意，您有责任对与服务相关的数据和/或设备进行充分的保护和备份，并且不会因您使用或无法使用服务导致的数据丢失、输出不准确、工作延迟或利润损失对Western Digital提出任何性质的索赔要求。

针对有关服务的索赔，您同意使Western Digital各方免受损害，且不会为此起诉Western Digital各方。如果您有权从Western Digital各方获得有关服务或使用条款的损害赔偿（包括因违反使用条款引起的损害赔偿），您同意您的唯一补偿金额不超过从Western Digital各方追回的违约所在月份的服务费（如果索赔与免费服务有关，则最高为100.00美元）。

无论Western Digital是否已被告知或应该知道此类损失的可能性，Western Digital各方的责任限制均适用。某些州不允许免除或限制附带或间接性损害赔偿，因此上述免除或限制条款可能不适用于您。