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13. 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 THE SAMSUNG 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
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 SAMSUNG SOFTWARE OR THIRD PARTY
APPLICATIONS ON THIS MOBILE DEVICE, OR ANY
OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED
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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 10, 11, 12
AND 13) SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY
REMEDY FAILS ITS ESSENTIAL PURPOSE.
14. U.S. GOVERNMENT END USERS RESTRICTED
RIGHTS. The Samsung 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 Samsung Software and Products are provided subject
to Federal Acquisition Regulation (FAR)52.227.19.
15. APPLICABLE LAW. This EULA is governed by the
laws of the jurisdiction where you are a resident, without
regard to its conflict of law provisions. 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.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute, controversy
or difference arising in any way from this EULA or your
use of the Samsung Software is not amicably settled,
it shall be subject to the non-exclusive jurisdiction of
the courts of the jurisdiction where you are a resident.
Notwithstanding the foregoing, Samsung may apply for
injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
(b) United States residents. ALL DISPUTES WITH
SAMSUNG 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 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 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.
Section 2: Product Warranty
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2017-08-03 오전 8:16:08
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