30
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.
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.
