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Manufacturer’s Warranty 105
Warranty
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.
Boost SPH-M390.book Page 105 Friday, August 31, 2012 6:30 PM