Warranty Information 179
11. 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 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, 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
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, SAMSUNG'S
TOTAL LIABILITY TO PURCHASER FOR ALL LOSSES,
DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT
LIMITED TO THOSE BASED ON CONTRACT, TORT, OR
OTHERWISE, ARISING OUT OF PURCHASER'S USE OF
THIRD-PARTY APPLICATIONS ON THIS MOBILE
DEVICE, OR ANY OTHER PROVISION OF THIS EULA,
SHALL NOT EXCEED THE AMOUNT PURCHASER PAID
SPECIFICALLY FOR ANY SUCH THIRD-PARTY
APPLICATION THAT WAS INCLUDED WITH THIS
MOBILE DEVICE. 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.
14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is
the entire agreement between you and Samsung
relating to the Software and supersedes all prior or
contemporaneous oral or written communications,
proposals and representations with respect to the
Software or any other subject matter covered by this
EULA. If any provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other provisions
shall continue in full force and effect.
Precautions for Transfer and Disposal
If data stored on this device is deleted or reformatted
using the standard methods, the data only appears to
be removed on a superficial level, and it may be
possible for someone to retrieve and reuse the data
by means of special software.
