User's Manual

Warranty Information 187
NOTWITHSTANDING THE FOREGOING, SAMSUNG’S TOTAL LIABILITY
TO PURCHASER FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION,
INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT,
TORT, OR OTHERWISE, ARISING OUT OF PURCHASER’S USE OF
THIRD-PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY
OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT
PURCHASER PAID SPECIFICALLY FOR ANY SUCH THIRD-PARTY
APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE
FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS
(INCLUDING SECTIONS 9, 10, AND 11) SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY
REMEDY FAILS ITS ESSENTIAL PURPOSE.
12. U.S. GOVERNMENT END USERS. 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.
13. 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. 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.