Samsung Dart SGH-T499 User Manual page 185

PURSUANT TO APPLICABLE LAW, SAMSUNG
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 DOES NOT WARRANT AGAINST
INTERFERENE WITH YOUR ENJOYMENT OF THE
THRID-PARTY APPLICATION, THAT THE FUNCTIONS
CONTAINED IN THE THIRD-PARTY APPLICATION
WILL MEET PURCHASER'S 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. PURCHASER ASSUMES THE
ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW EXCLUSIONS OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. NO ADVICE OR INFORMATION,
WHETHER ORAL OR 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
Warranty Information 181