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DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT,
NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF
SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOT WITHSTANDING THE FOREGOING, SAMSUNG'S TOTAL LIABILITY
TO PURCHASER FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION,
INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT,
TORT, OR OTHERWISE, ARISING OUT OF PURCHASER'S USE OF
THIRD-PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY
OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT
PURCHASER PAID SPECIFICALLY FOR ANY SUCH THIRD-PARTY
APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE. 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.
DRAFT
12. U.S. Government End Users Restricted Rights. The Software is
licensed only with "restricted rights" and as "commercial items"
consisting of "commercial software" and "commercial software
Internal Use Only
documentation" with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. All Software and
Products provided to the United States Government pursuant to
solicitations issued on or after December 1, 1995 is provided with
the commercial rights and restrictions described elsewhere herein.
296
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