Samsung Galaxy exhibit 4G User Manual page 240

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,
PRODUCTS LIABILITY, INTELLECTUAL PROPERTY
INFRINGEMENT, OR ANY OTHER THEORY
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REGARDLESS OF WHETHER OR NOT SAMSUNG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK,
AND HEREBY WAIVE, ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES
FROM SAMSUNG. THIS LIMITATION AND WAIVER
ALSO APPLIES TO ANY CLAIMS YOU MAY BRING
AGAINST ANY OTHER PARTY TO THE EXTENT THAT
SAMSUNG WOULD BE REQUIRED TO INDEMNIFY
THAT PARTY FOR SUCH CLAIM.
6.5 You acknowledge that the above provisions of
this clause 6 are reasonable for the Software and
you will accept such risk and/or insure accordingly.
6.6 Any rights that you have as a consumer are not
affected by this clause 6.
7. TERM AND TERMINATION
7.1 This License shall commence upon the earlier
of your acceptance of this License or your activation
of the Software and shall continue until terminated
in accordance with clause 7.2 or otherwise in
accordance with this License.
7.2 This License will terminate automatically if you
fail to comply with any term or condition of this
License or if you cease to use the Software for any
reason.
7.3 Upon termination of this License for any reason
whatsoever Licensor retains the right to
permanently disable your access to the Software.
7.4 The termination of this License howsoever
arising is without prejudice to the rights, duties and
liabilities of either party accrued prior to termination.