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11. Limitation of Liability. SAMSUNG WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE ANY THIRD-PARTY
APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT
NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO
ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO
CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, SAMSUNG'S TOTAL
LIABILITY TO PURCHASER FOR ALL LOSSES, DAMAGES, CAUSES
OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON
CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF
PURCHASER'S USE OF THIRD-PARTY APPLICATIONS ON THIS
MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA,
SHALL NOT EXCEED THE AMOUNT PURCHASER PAID
SPECIFICALLY FOR ANY SUCH THIRD-PARTY APPLICATION THAT
WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING
SECTIONS 9, 10, AND 11) SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
12. U.S. GOVERNMENT END USERS. The Software is licensed
only with "restricted rights" and as "commercial items"
consisting of "commercial software" and "commercial software
documentation" with only those rights as are granted to all other
end users pursuant to the terms and conditions herein.
13. APPLICABLE LAW. This EULA is governed by the laws of
TEXAS, without regard to conflicts of laws principles. This EULA
shall not be governed by the UN Convention on Contracts for the
International Sale of Goods, the application of which is expressly
excluded. If a dispute, controversy or difference is not amicably
settled, it shall be finally resolved by arbitration in Seoul, Korea in
accordance with the Arbitration Rules of the Korean Commercial
Arbitration Board. The award of arbitration shall be final and
binding upon the parties.
14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire
agreement between you and Samsung relating to the Software
and supersedes all prior or contemporaneous oral or written
communications, proposals and representations with respect to
the Software or any other subject matter covered by this EULA. If
any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full
force and effect.