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Warranty Information 92
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.
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.
To avoid unintended information leaks and other
problems of this sort, it is recommended that the
device be returned to Samsung’s Customer Care
Virgin M340.book Page 92 Tuesday, April 14, 2009 4:14 PM