User Guide

Warranty Information 173
6.2 LICENSOR MAKES NO EXPRESS WARRANTIES WITH
RESPECT TO THE SOFTWARE AND LICENSOR HEREBY
EXCLUDES (TO THE FULLEST EXTENT PERMISSIBLE IN LAW),
ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT
LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL
BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS,
EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE)
OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE
WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT
SUBSIST IN FAVOUR OF YOU. EXCEPT AS SET OUT IN THIS
LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE.
6.3 SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE UNDER NO
LIABILITY TO YOU WHATSOEVER (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY
DUTY, RESTITUTION OR OTHERWISE) FOR ANY INJURY,
DEATH, DAMAGE OR DIRECT, INDIRECT OR CONSEQUENTIAL
LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT
LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS,
LOSS OF BUSINESS, LOSS OF DATA, LOSS OF SAVINGS,
DEPLETION OF GOODWILL AND LIKE LOSS) HOWSOEVER
CAUSED ARISING OUT OF OR IN CONNECTION WITH:
6.3.1 THE SOFTWARE, OR THE MANUFACTURE OR SALE OR
SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE
SOFTWARE BY LICENSOR OR ON THE PART OF LICENSOR'S
EMPLOYEES, AGENTS OR SUB-CONTRACTORS;
6.3.2 ANY BREACH BY LICENSOR OF ANY OF THE EXPRESS
OR IMPLIED TERMS OF THIS LICENSE;
6.3.3 ANY USE MADE OF THE SOFTWARE; OR
6.3.4 ANY STATEMENT MADE OR NOT MADE, OR ADVICE
GIVEN OR NOT GIVEN, BY OR ON BEHALF OF LICENSOR.
6.4 Disclaimer of Certain Damages. IN NO EVENT SHALL
SAMSUNG BE LIABLE TO YOU OR ANY PARTY RELATED TO
YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST
PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL
APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
FRAUD, MISREPRESENTATION, BREACH OF CONTRACT,
NEGILIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY,
INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER
THEORY REGARDLESS OF WHETHER OR NOT SAMSUNG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS MEANS THAT YOU WILL NOT SEEK, AND HEREBY
WAIVE, ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE,