Samsung SPH-D710ZWABST - Manual (Page 241)

4B. Manufacturer’s Warranty 226
(WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF STATUTORY DUTY,
RESTITUTION OR OTHERWISE) FOR ANY INJURY,
DEATH, DAMAGE OR DIRECT, INDIRECT OR
CONSEQUENTIAL LOSS (ALL THREE OF WHICH
TERMS INCLUDE, WITHOUT LIMITATION, PURE
ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF
BUSINESS, LOSS OF DATA, LOSS OF SAVINGS,
DEPLETION OF GOODWILL AND LIKE LOSS)
HOWSOEVER CAUSED ARISING OUT OF OR IN
CONNECTION WITH:
6.3.1 THE SOFTWARE, OR THE MANUFACTURE OR
SALE OR SUPPLY, OR FAILURE OR DELAY IN SUPPLY,
OF THE SOFTWARE BY LICENSOR OR ON THE PART
OF LICENSOR'S EMPLOYEES, AGENTS OR
SUB-CONTRACTORS;
6.3.2 ANY BREACH BY LICENSOR OF ANY OF THE
EXPRESS OR IMPLIED TERMS OF THIS LICENSE;
6.3.3 ANY USE MADE OF THE SOFTWARE; OR
6.3.4 ANY STATEMENT MADE OR NOT MADE, OR
ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF
OF LICENSOR.
6.4 Disclaimer of Certain Damages. IN NO EVENT
SHALL SAMSUNG BE LIABLE TO YOU OR ANY PARTY
RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF
SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION WILL APPLY
REGARDLESS OF THE THEORY OF LIABILITY,
WHETHER FRAUD, MISREPRESENTATION, BREACH
OF CONTRACT, NEGILIGENCE, PERSONAL INJURY,
PRODUCTS LIABILITY, INTELLECTUAL PROPERTY
INFRINGEMENT, OR ANY OTHER THEORY
REGARDLESS OF WHETHER OR NOT SAMSUNG
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK,
AND HEREBY WAIVE, ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES
FROM SAMSUNG. THIS LIMITATION AND WAIVER
ALSO APPLIES TO ANY CLAIMS YOU MAY BRING
AGAINST ANY OTHER PARTY TO THE EXTENT THAT
SAMSUNG WOULD BE REQUIRED TO INDEMNIFY
THAT PARTY FOR SUCH CLAIM.
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