Samsung SPH-D710ZWABST - Manual (Page 221)

4B. Manufacturer’s Warranty 206
ELECTRONIC CO.'S TOTAL LIABILITY TO YOU FOR
ALL LOSSES, DAMAGES, CAUSES OF ACTION,
INCLUDING BUT NOT LIMITED TO THOSE BASED ON
CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF
YOUR USE OF THE SOFTWARE OR THIRD PARTY
APPLICATIONS ON THIS MOBILE DEVICE, OR ANY
OTHER PROVISION OF THIS EULA, SHALL NOT
EXCEED THE AMOUNT PURCHASER PAID
SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY
SUCH THIRD PARTY APPLICATION THAT WAS
INCLUDED WITH THIS MOBILE DEVICE. THE
FOREGOING LIMITATIONS, EXCLUSIONS, AND
DISCLAIMERS (INCLUDING SECTIONS 9, 10, 11 AND
12) SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY
REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. 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
Products are provided only with "restricted rights" with only those
rights as are granted to all other end users pursuant to the terms
and conditions herein. All Software and Products are provided
subject to Federal Acquisition Regulation (FAR) 52.227.19.
14. 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.
15. DISPUTE RESOLUTION.
(a) Non-United States residents. 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.
(b) United States residents. ALL DISPUTES WITH
SAMSUNG ELECTRONICS CO. ARISING IN ANY WAY
FROM THIS EULA OR YOUR USE OF THE SOFTWARE
SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL
AND BINDING ARBITRATION, AND NOT BY A COURT
OR JURY. Any such dispute shall not be combined or
consolidated with any other person's or entity's claim
or dispute, and specifically, without limitation of the
foregoing, shall not under any circumstances proceed
as part of a class action. The arbitration shall be
conducted before a single arbitrator, whose award may
not exceed, in form or amount, the relief allowed by the
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