Samsung SGH-T769 User Manual page 294

6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Licensor does not exclude its liability (if any) to you:
6.1.1 for personal injury or death resulting from Licensor's
negligence;
6.1.2 for fraud; or
6.1.3 for any matter for which it would be illegal for Licensor to
exclude or to attempt to exclude its liability.
6.2 LICENSOR MAKES NO EXPRESS WARRANTIES WITH
RESPECT TO THE SOFTWARE AND LICENSOR HEREBY EXCLUDES
(TO THE FULLEST EXTENT PERMISSIBLE IN LAW), ALL
CONDITIONS, WARRANTIES (INCLUDING WITHOUT LIMITATION
ANY WARRANTY THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS, EXPRESS
(OTHER THAN THOSE SET OUT IN THIS LICENSE) OR IMPLIED,
STATUTORY, CUSTOMARY OR OTHERWISE WHICH, BUT FOR
SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN FAVOUR OF
YOU. EXCEPT AS SET OUT IN THIS LICENSE YOU ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE.
6.3 SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE UNDER NO
LIABILITY TO YOU WHATSOEVER (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY,
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RESTITUTION OR OTHERWISE) FOR ANY INJURY, DEATH, DAMAGE
OR DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (ALL THREE OF
WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE ECONOMIC
LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA,
LOSS OF SAVINGS, DEPLETION OF GOODWILL AND LIKE LOSS)
HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION
WITH:
6.3.1 THE SOFTWARE, OR THE MANUFACTURE OR SALE OR
SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE SOFTWARE BY
LICENSOR OR ON THE PART OF LICENSOR'S EMPLOYEES,
AGENTS OR SUB-CONTRACTORS;
6.3.2 ANY BREACH BY LICENSOR OF ANY OF THE EXPRESS OR
IMPLIED TERMS OF THIS LICENSE;
6.3.3 ANY USE MADE OF THE SOFTWARE; OR
6.3.4 ANY STATEMENT MADE OR NOT MADE, OR ADVICE GIVEN
OR NOT GIVEN, BY OR ON BEHALF OF LICENSOR.
6.4 Disclaimer of Certain Damages. IN NO EVENT SHALL
SAMSUNG BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF
SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE
THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION,
BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY,