Samsung SPH-M910 User Manual (user Manual) (ver.f3) (English) - Page 150

Of Or Related To Your Use Or Inability To Use, Out Of The Use Of The Software, Or Otherwise

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PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY, OF LACK OF VIRUSES, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SAMSUNG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAMSUNG OR A SAMSUNG AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES 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 144 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.

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144
PARTICULAR PURPOSE, OF RELIABILITY OR
AVAILABILITY, OF ACCURACY, OF LACK OF VIRUSES,
OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. SAMSUNG DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE, THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SAMSUNG OR A
SAMSUNG AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF
A CONSUMER, SO THESE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
AND CERTAIN OTHER DAMAGES. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG
BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS,
LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR
ANY PECUNIARY DAMAGES 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.