Samsung SGH-I777 User Manual page 223

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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. NOTWITHSTANDING
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 documentation" with only those
rights as are granted to all other end users pursuant to the
terms and conditions herein. All Software and Products
provided to the United States Government pursuant to
solicitations issued on or after December 1, 1995 is provided
with the commercial rights and restrictions described
elsewhere herein. All Software and Products provided to the
United States Government pursuant to solicitations issued
prior to December 1, 1995 are provided with RESTRICTED
RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE
1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
13. 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. 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.
14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the
entire agreement between you and Samsung relating to the
Software and supersedes all prior or contemporaneous oral
Warranty Information
217

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