Samsung SGH-I827 User Manual Ver.lc6_f6 (English(north America)) - Page 196

If There Is A Claim That We Have Breached Any Of

Page 196 highlights

SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT FROM VARIOUS SOURCES. SAMSUNG SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD PARTY CONTENT OR SERVICE THAT MAY BE ACCESSED THROUGH THE SERVICE, NOR SHALL SAMSUNG BE HELD RESPONSIBLE FOR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH BY THIRD PARTIES. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SAMSUNG DISCLAIMS ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SERVICE (INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES). IF THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THE PROVISIONS IN THE TERMS, THIS DOES NOT AFFECT OR INVALIDATE THE OTHER PROVISIONS. CERTAIN STATUTORY PROVISIONS UNDER APPLICABLE LAW MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON SAMSUNG WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE 191 STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH SAMSUNG IS ABLE TO DO SO, SAMSUNG LIMITS ITS LIABILITY UNDER THOSE PROVISIONS TO, AT ITS OPTION, IN THE CASE OF SERVICES (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED. Indemnification You agree to defend, indemnify and hold harmless Samsung from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made possible due to your failure to take reasonable measures to protect your username and password against misuse.

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191
SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT FROM
VARIOUS SOURCES.
SAMSUNG SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD
PARTY CONTENT OR SERVICE THAT MAY BE ACCESSED
THROUGH THE SERVICE, NOR SHALL SAMSUNG BE HELD
RESPONSIBLE FOR MALICIOUS CODE CONTAINED ON OR
DISTRIBUTED THROUGH BY THIRD PARTIES.
YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES,
LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF OR
INABILITY TO USE THE SERVICE. TO THE EXTENT PERMITTED BY
LAW, EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT,
SAMSUNG DISCLAIMS ALL LIABILITIES WITH RESPECT TO YOUR
USE OF THE SERVICE (INCLUDING DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES).
IF THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THE
PROVISIONS IN THE TERMS, THIS DOES NOT AFFECT OR
INVALIDATE THE OTHER PROVISIONS.
CERTAIN STATUTORY PROVISIONS UNDER APPLICABLE LAW MAY
IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS
UPON SAMSUNG WHICH CANNOT BE EXCLUDED, RESTRICTED
OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR
MODIFIED EXCEPT TO A LIMITED EXTENT. THE TERMS MUST BE
READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE
STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH
SAMSUNG IS ABLE TO DO SO, SAMSUNG LIMITS ITS LIABILITY
UNDER THOSE PROVISIONS TO, AT ITS OPTION, IN THE CASE OF
SERVICES (A) THE SUPPLYING OF THE SERVICES AGAIN;
OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES
SUPPLIED AGAIN AND, IN THE CASE OF GOODS, (A) THE
REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT
GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF
THE COST OF REPLACING THE GOODS OR OF ACQUIRING
EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF
HAVING THE GOODS REPAIRED.
Indemnification
You agree to defend, indemnify and hold harmless Samsung from
and against any and all third party claims and all liabilities,
assessments, losses, costs or damages resulting from or arising
out of i) your breach of the Terms, ii) your infringement or
violation of any intellectual property, other rights or privacy of a
third party, iii) misuse of the Service by a third party where such
misuse was made possible due to your failure to take reasonable
measures to protect your username and password against
misuse.