166
to you to take precautions to ensure that whatever you select
to use is free of such items as viruses, worms, Trojan horses,
and other items of a destructive nature. References on this
mobile device to any names, marks, products, or services of
any third-parties are provided solely as a convenience to you,
and do not constitute or imply an endorsement, sponsorship,
or recommendation of, or affiliation with the third party or its
products and services. You agree that Samsung shall not be
responsible or liable, directly or indirectly, for any damage or
loss, including but not limited to any damage to the mobile
device or loss of data, caused or alleged to be caused by, or
in connection with, use of or reliance on any such third party
content, products, or services available on or through any
such application. You acknowledge and agree that the use of
any third-party application is governed by such third party
application provider's Terms of Use, License Agreement,
Privacy Policy, or other such agreement and that any
information or personal data you provide, whether knowingly
or unknowingly, to such third-party application provider, will
be subject to such third party application provider's privacy
policy, if such a policy exists. SAMSUNG DISCLAIMS ANY
RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR
ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION
PROVIDER. SAMSUNG EXPRESSLY DISCLAIMS ANY
WARRANTY REGARDING WHETHER YOUR PERSONAL
INFORMATION IS CAPTURED BY ANY THIRD PARTY
APPLICATION PROVIDER OR THE USE TO WHICH SUCH
PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD
PARTY APPLICATION PROVIDER.
12.
SAMSUNG APPLICATIONS
. Certain Samsung applications
and services may be included with, or downloaded to, this
mobile device. Many of them require Samsung Services
membership registration (“Samsung Account”), and your
rights and obligations will be set forth in separate Samsung
Account terms and conditions and privacy policies. There are
non-Samsung Account applications and services that require
your consent to their separate terms and conditions and
privacy policies. You expressly acknowledge and agree that
your use of such applications and services will be subject to
the applicable terms and conditions and privacy policies.
13.
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 THE
SOFTWARE OR 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