Samsung SPH-M390ZSAVMU - Manual (Page 129)

Warranty Information 125
OPERATION OF THE THIRD-PARTY APPLICATION
WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE THIRD-PARTY
APPLICATION WILL BE CORRECTED. PURCHASER
ASSUMES THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR
LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. NO
ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY PURCHASER FROM
SAMSUNG SHALL BE DEEMED TO ALTER THIS
DISCLAIMER OF WARRANTY REGARDING
THIRD-PARTY APPLICATIONS, OR TO CREATE
ANY WARRANTY.
11. Limitation of Liability. SAMSUNG WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING OUT OF OR RELATING TO THE USE OR
THE INABILITY TO USE ANY THIRD-PARTY
APPLICATION, ITS CONTENT OR FUNCTIONALITY,
INCLUDING BUT NOT LIMITED TO DAMAGES
CAUSED BY OR RELATED TO ERRORS,
OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, FAILURE TO CONNECT, NETWORK
CHARGES, AND ALL OTHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. NOT WITHSTANDING THE
FOREGOING, SAMSUNG’S TOTAL LIABILITY TO
PURCHASER FOR ALL LOSSES, DAMAGES,
CAUSES OF ACTION, INCLUDING BUT NOT
LIMITED TO THOSE BASED ON CONTRACT, TORT,
OR OTHERWISE, ARISING OUT OF PURCHASER’S
USE OF THIRD-PARTY APPLICATIONS ON THIS
MOBILE DEVICE, OR ANY OTHER PROVISION OF
THIS EULA, SHALL NOT EXCEED THE AMOUNT
PURCHASER PAID SPECIFICALLY FOR ANY SUCH
THIRD-PARTY APPLICATION THAT WAS
INCLUDED WITH THIS MOBILE DEVICE. 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 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
Software and Products provided to the United
States Government pursuant to solicitations
issued on or after December 1, 1995 is provided
with the commercial rights and restrictions