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200 4B. Manufacturer’s Warranty
OR ERROR-FREE, OR THAT DEFECTS IN THE THIRD-PARTY
APPLICATION WILL BE CORRECTED. PURCHASER ASSUMES
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
PURCHASER FROM SAMSUNG SHALL BE DEEMED TO
ALTER THIS DISCLAIMER OF WARRANTY REGARDING
THIRD-PARTY APPLICATIONS, OR TO CREATE ANY
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.
SPH-M930_Boost.book Page 200 Monday, August 15, 2011 12:02 PM