Warranty Information 73
their separate terms and conditions and privacy policies. You
expressly acknowledge and agree that your use of such
applications and services will be subject to the applicable terms
and conditions and privacy policies.
13.
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 THE SOFTWARE OR 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, IN-APP
PURCHASES, 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 EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING,
SAMSUNG ELECTRONIC CO.'S TOTAL LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT
LIMITED TO THOSE BASED ON CONTRACT, TORT, OR
OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR
THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY
OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE
AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE
DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS
INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING
SECTIONS 10, 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
14.
U.S. GOVERNMENT END USERS RESTRICTED RIGHTS
. 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. All Products are provided only with "restricted
rights" with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. All Software
and Products are provided subject to Federal Acquisition
Regulation (FAR) 52.227.19.
15.
APPLICABLE LAW
. This EULA is governed by the laws of the
jurisdiction where you are a resident or, if a resident of the United
States, by the laws of the state of Texas, without regard to its
conflict of law provisions. 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.
