Samsung SPH-D710 User Manual page 152

RELATING TO THE USE OR THE INABILITY TO USE
THE 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 ELECTRONICS CO. 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 SOFTWARE OR THIRD PARTY
APPLICATIONS ON THIS MOBILE DEVICE, OR ANY
OTHER PROVISION OF THIS EULA, SHALL NOT
EXCEED 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
148
DISCLAIMERS (INCLUDING SECTIONS 9, 10, 11
AND 12) SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. 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
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 Software and Products are
provided subject to Federal Acquisition
Regulation (FAR) 52.227.19.
14. 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.
15. DISPUTE RESOLUTION.
(a) Non-United States residents. 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