User's Manual

261
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 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
DRAFT
FOR INTERNAL USE ONLY