Term and termination, Governing law and jurisdiction – Samsung SPH-D710AAABST User Manual
Page 193
179
Warranty
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.
6.5 You acknowledge that the above provisions of this clause
6 are reasonable for the Software and you will accept such risk
and/or insure accordingly.
6.6 Any rights that you have as a consumer are not affected by
this clause 6.
7.TERM AND TERMINATION
7.1 This License shall commence upon the earlier of your
acceptance of this License or your activation of the Software
and shall continue until terminated in accordance with clause
7.2 or otherwise in accordance with this License.
7.2 This License will terminate automatically if you fail to
comply with any term or condition of this License or if you
cease to use the Software for any reason.
7.3 Upon termination of this License for any reason whatsoever
Licensor retains the right to permanently disable your access to
the Software.
7.4 The termination of this License howsoever arising is without
prejudice to the rights, duties and liabilities of either party
accrued prior to termination. Clauses 2.2, 2.3, 3, 4, 5, 6, 7.3, 8, 9
and 10 of this License will continue to be enforceable
notwithstanding termination.
8.GOVERNING LAW AND JURISDICTION
8.1 The formation, existence, construction, performance,
validity and all aspects whatsoever of this License or of any
term of this License will be governed by the laws of the State of
New York.
8.2 The courts in New York City will have non-exclusive
jurisdiction to settle any disputes which may arise out of or in
connection with this License. The parties irrevocably agree to
submit to that jurisdiction.