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Manufacturer’s Warranty 187
Warranty
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,
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.
SPH-M900.book Page 187 Thursday, October 29, 2009 3:51 PM