Samsung SCH-S380C User Manual page 120

WRITTEN, OBTAINED BY PURCHASER FROM SAMSUNG SHALL BE DEEMED TO
ALTER THIS DISCLAIMER OF WARRANTY REGARDING THIRD-PARTY
APPLICATIONS, OR TO CREATE ANY WARRANTY.
11. 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 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 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.
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 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
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