148
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. NOT
WITHSTANDING 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 Restricted Rights. 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.
All Software and Products provided to the United States
Government pursuant to solicitations issued on or after
December 1, 1995 is provided with the commercial rights and
restrictions described elsewhere herein. All Software and
Products provided to the United States Government pursuant to
solicitations issued prior to December 1, 1995 are provided with
RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
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
