Samsung SCH-S950C User Manual - Page 160

Any Damages Of Any Kind Arising Out Of Or Relating To, Not Limited To Damages Caused By Or Related

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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 156 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 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

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156
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 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