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4B. Manufacturer’s Warranty 193
you may not retain any copies of the Software. The transfer may
not be an indirect transfer, such as a consignment. Prior to the
transfer, the end user receiving the Software must agree to all
the EULA terms.
7. EXPORT RESTRICTIONS. You acknowledge that the
Software is subject to export restrictions of various countries.
You agree to comply with all applicable international and
national laws that apply to the Software, including the U.S.
Export Administration Regulations, as well as end user, end
use, and destination restrictions issued by U.S. and other
governments.
8. TERMINATION. This EULA is effective until terminated. Your
rights under this License will terminate automatically without
notice from Samsung if you fail to comply with any of the terms
and conditions of this EULA. Upon termination of this EULA,
you shall cease all use of the Software and destroy all copies,
full or partial, of the Software.
9. DISCLAIMER OF WARRANTIES. You expressly acknowledge
and agree that use of the Software is at your sole risk and that
the entire risk as to satisfactory quality, performance, accuracy
and effort is with you. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS"
AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND SAMSUNG AND ITS LICENSORS (COLLECTIVELY
REFERRED TO AS "SAMSUNG" FOR THE PURPOSES OF
SECTIONS 9, 10 and 11) HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, OF
FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR
AVAILABILITY, OF ACCURACY, OF LACK OF VIRUSES, OF
QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. SAMSUNG DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY SAMSUNG OR A SAMSUNG
AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THESE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
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,
Sprint M560.book Page 193 Monday, June 29, 2009 3:09 PM