136
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.