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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
u320.book Page 161 Friday, April 9, 2010 4:44 PM