14
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.
PSW.book Page 14 Wednesday, February 27, 2013 2:49 PM
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