Samsung SPH-M320 User Manual page 140

CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, OF FITNESS FOR A
PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF
ACCURACY, OF LACK OF VIRUSES, OF QUIET ENJOYMENT, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. SAMSUNG DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY SAMSUNG OR A SAMSUNG AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF
A CONSUMER, SO THESE EXCLUSIONS AND LIMITATIONS MAY NOT
APPLY TO YOU.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
126 Section 4B. Manufacturer's Warranty
OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF
THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS EULA, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF
SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU.
11. LIMITATION OF LIABILITY. Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general damages in
contract or anything else), the entire liability of Samsung under any
provision of this EULA and your exclusive remedy hereunder shall be
limited to the greater of the actual damages you incur in reasonable
reliance on the Software up to the amount actually paid by you for the
Software or US$5.00. 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. 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.