Samsung PLS-M240, User Manual

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102 4B. Manufacturer’s Warranty
9. DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree
that use of the Software is at your sole risk and that the entire risk as to
satisfactory quality, performance, accuracy and effort is with you. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS
PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND SAMSUNG AND ITS LICENSORS (COLLECTIVELY REFERRED
TO AS "SAMSUNG" FOR THE PURPOSES OF SECTIONS 9, 10 and 11)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT
TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR
WORKMANLIKE EFFORT, OF FITNESS FOR A PARTICULAR PURPOSE, OF
RELIABILITY OR 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.
PLS-M240.book Page 102 Wednesday, September 23, 2009 3:55 PM