Samsung SPH-M830 Online User's Manual page 173

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.
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.
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.
4B. Manufacturer's Warranty 159