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200 4B. Manufacturer’s Warranty
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.
Precautions for Transfer and Disposal
If data stored on this device is deleted or reformatted using the
standard methods, the data only appears to be removed on a
superficial level, and it may be possible for someone to retrieve
and reuse the data by means of special software.
To avoid unintended information leaks and other problems of
this sort, it is recommended that the device be returned to
Sprint M550.book Page 200 Monday, April 13, 2009 1:03 PM