Warranty Information 156
WITHOUT WARRANTY OF ANY KIND, AND SAMSUNG AND ITS LICENSORS (COLLECTIVELY REFERRED TO AS
"SAMSUNG" FOR THE PURPOSES OF SECTIONS 9, 10 and 11) HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY
OR WORKMANLIKE EFFORT, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF
ACCURACY, OF LACK OF VIRUSES, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
SAMSUNG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAMSUNG OR A SAMSUNG AUTHORIZED
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.
