Samsung SPH-M840UWABST User Manual
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INCLUDED WITH THIS MOBILE DEVICE. THE
FOREGOING LIMITATIONS, EXCLUSIONS, AND
DISCLAIMERS (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.
178
2C. Settings
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