Warranty Information 146
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.
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.
