Warranty and support, Limitation and exclusion of liability – Samsung SPH-D710AAABST User Manual
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such disclosure shall not be a breach of this clause 4 provided
you do what you can to prevent any such disclosure.
5.WARRANTY AND SUPPORT
The Software is provided "as is" with no representation,
guarantee or warranty of any kind as to its functionality or that it
does not and will not infringe any third party rights (including
intellectual property rights). Licensor has no obligation under
this License to provide technical or other support to you.
6.LIMITATION AND EXCLUSION OF LIABILITY
6.1 Licensor does not exclude its liability (if any) to you:
6.1.1 for personal injury or death resulting from Licensor's
negligence;
6.1.2 for fraud; or
6.1.3 for any matter for which it would be illegal for Licensor to
exclude or to attempt to exclude its liability.
6.2 LICENSOR MAKES NO EXPRESS WARRANTIES WITH
RESPECT TO THE SOFTWARE AND LICENSOR HEREBY
EXCLUDES (TO THE FULLEST EXTENT PERMISSIBLE IN LAW),
ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT
LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL
BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS,
EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE)
OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE
WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT
SUBSIST IN FAVOUR OF YOU. EXCEPT AS SET OUT IN THIS
LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE.
6.3 SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE UNDER NO
LIABILITY TO YOU WHATSOEVER (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