Samsung SPH-M260ZKABST - Manual (Page 115)

12. Limitation of Liability. SAMSUNG ELECTRONICS CO. WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE USE OR THE INABILITY TO
USE THE SOFTWARE OR 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, IN-APP
PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
EVEN IF SAMSUNG ELECTRONICS CO. 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 EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU. NOTWITHSTANDING THE FOREGOING,
SAMSUNG 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,