Samsung GALAXY CENTURA Service Manual page 34

11. Disclaimer of Warranty Regarding Third Party Applications. SAMSUNG ELECTRONICS CO.
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE,
TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE
USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF ANY THIRD PARTY APPLICATION
WHETHER SUCH THIRD PARTY APPLICATION IS INCLUDED WITH THE PRODUCT DISTRIBUTED
BY SAMSUNG ELECTRONICS CO., IS DOWNLOADED, OR OTHERWISE OBTAINED. USE OF ANY
THIRD PARTY APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MOBILE DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOADING OR USE OF SUCH THIRD PARTY APPLICATIONS.
SAMSUNG ELECTRONICS CO. EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER
YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER
OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY
APPLICATION PROVIDER. ANY THIRD PARTY APPLICATIONS PROVIDED WITH THIS MOBILE
DEVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND FROM SAMSUNG ELECTRONICS CO., EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG ELECTRONICS
CO. DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR
WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR
AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT
OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SAMSUNG ELECTRONICS CO.
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE THIRD PARTY
APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE THIRD PARTY APPLICATION WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE THIRD PARTY APPLICATION WILL
BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE THIRD PARTY APPLICATION
WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR
LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM SAMSUNG ELECTRONICS CO. OR ANY OTHER PERSON OR ENTITY SHALL BE
DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY REGARDING THIRD PARTY
APPLICATIONS, OR TO CREATE ANY WARRANTY BY SAMSUNG ELECTRONICS CO.
12. Limitation of Liability. SAMSUNG ELECTRONICS CO. WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE
OR 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, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG ELECTRONICS
CO. 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 EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING
THE FOREGOING, SAMSUNG ELECTRONIC CO.'S TOTAL LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON
CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD
PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA,
SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE
OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE.
THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 9, 10,
11 AND 12) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. 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 Products are provided only with "restricted rights" with only those rights
as are granted to all other end users pursuant to the terms and conditions herein. All Software and
Products are provided subject to Federal Acquisition Regulation (FAR) 52.227.19.
14. 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.
15. DISPUTE RESOLUTION.
(a) Non-United States residents. 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. (b) United States residents. ALL DISPUTES WITH SAMSUNG ELECTRONICS CO. ARISING IN ANY
WAY FROM THIS EULA OR YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY
THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such
dispute shall not be combined or consolidated with any other person's or entity's claim or dispute,
and specifically, without limitation of the foregoing, shall not under any circumstances proceed as
part of a class action. The arbitration shall be conducted before a single arbitrator, whose award
may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall
be conducted according to the American Arbitration Association (AAA) Commercial Arbitration
Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal
Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles,
shall govern the interpretation of the EULA and all disputes that are subject to this arbitration
provision. The arbitrator shall decide all issues of interpretation and application of this arbitration
provision and the EULA. For any arbitration in which your total damage claims, exclusive of attorney
fees and expert witness fees, are $5,000.00 or less ("Small Claim"), the arbitrator may, if you
prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award,
but may not grant Samsung Electronics Co. its attorney fees, expert witness fees or costs unless it
is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required
to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of
such fees, whichever is less, and Samsung Electronics Co. shall pay the remainder of such fees.
Administrative, facility and arbitrator fees for arbitrations in which your total damage claims,
exclusive of attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim") shall be
determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the
prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees
and costs. Judgment may be entered on the arbitrator's award in any court of competent
jurisdiction. This arbitration provision also applies to claims against Samsung Electronics Co.'s
employees, representatives and affiliates if any such claim arises from the licensing or use of the