Samsung SCH-I535MBPVZW - Manual (Page 43)

Warranty Information 38
(INCLUDING SECTIONS 10, 11, 12 AND 13) SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY
REMEDY FAILS ITS ESSENTIAL PURPOSE.
14. 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.
15. APPLICABLE LAW. This EULA is governed by the laws of the jurisdiction
where you are a resident or, if a resident of the United States, by the laws
of the state of Texas, without regard to its conflict of law provisions. 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.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute, controversy or difference
arising in any way from this EULA or your use of the Software is not
amicably settled, it shall be subject to the non-exclusive jurisdiction of the
courts of the jurisdiction where you are a resident. Notwithstanding the
foregoing, Samsung may apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
(b) United States residents. ALL DISPUTES WITH SAMSUNG ARISING IN
ANY WAY FROM THIS EULA OR YOUR USE OF THE SOFTWARE SHALL BE
RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION,
AND NOT BY A COURT OR JURY. Any such dispute shall not be combined
or consolidated with any other person’s or entity’s claim or dispute, and
specifically, without limitation of the foregoing, shall not under any
circumstances proceed as part of a class action. The arbitration shall be
conducted before a single arbitrator, whose award may not exceed, in
form or amount, the relief allowed by the applicable law. The arbitration
shall be conducted according to the American Arbitration Association (AAA)
Commercial Arbitration Rules applicable to consumer disputes. This
arbitration provision is entered pursuant to the Federal Arbitration Act. The
VZW_i535_Eng_PSW_.book Page 38 Monday, February 10, 2014 2:15 PM