Samsung SPH-M340 User Manual (user Manual) (ver.f4) (English) - Page 96

Or Losses, Arising Out Of Or Related To Your, Even If Samsung Has Been Advised Of

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OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 11. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Samsung under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. 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. The Software is licensed only with "restricted rights" and as 93 "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. 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 or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Precautions for Transfer and Disposal If data stored on this device is deleted or reformatted using the standard methods, the data only appears to be removed on a superficial level, and it may be possible for someone to retrieve and reuse the data by means of special software.

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OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE THE SOFTWARE, THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATION, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE OR
OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS EULA,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND
EVEN IF SAMSUNG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. Notwithstanding any
damages that you might incur for any reason
whatsoever (including, without limitation, all damages
referenced herein and all direct or general damages
in contract or anything else), the entire liability of
Samsung under any provision of this EULA and your
exclusive remedy hereunder shall be limited to the
greater of the actual damages you incur in reasonable
reliance on the Software up to the amount actually
paid by you for the Software or US$5.00. 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. 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.
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 or written communications,
proposals and representations with respect to the
Software or any other subject matter covered by this
EULA. If any provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other provisions
shall continue in full force and effect.
Precautions for Transfer and Disposal
If data stored on this device is deleted or reformatted
using the standard methods, the data only appears to
be removed on a superficial level, and it may be
possible for someone to retrieve and reuse the data
by means of special software.