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10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING
OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
EULA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND
EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever
(including, without limitation, all damages referenced herein and all direct or general damages in contract or
anything else), the entire liability of Samsung under any provision of this EULA and your exclusive remedy hereunder
shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the
amount actually paid by you for the Software or US$5.00. 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.
t559.book Page 151 Friday, June 19, 2009 11:09 AM