99
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.
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
paylo M340.book Page 99 Monday, July 19, 2010 3:14 PM
