Samsung SCM-100R User Manual

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Each end-user sublicense agreement shall also include the
following statement of their equivalents:

(a) “Software provided hereunder is copyrighted and licensed (not sold).

Samsung expressly does not transfer title or any ownership rights in the
Software to end user.”

(b) “Software provided hereunder may contain or be derived from portions of

materials provided to Samsung under license by a third party supplier.”

SAMSUNG AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS

OR IMPLIED, WITH RESPECT TO THE USE OF THE SOFTWARE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MER-

CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
AGAINST INFRINGEMENT. NEITHER LICENSOR OR ITS LICENSORS OR

SUPPLIES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CON-
SEQUENTIAL DAMAGES OR LOSS OF PROFITS OR LOSS OF DATA OR

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLO-

GY OR SERVICES. ALL LIABILITY UNDER THIS AGREEMENT IS CUMU-
LATIVE AND NOT PER INCIDENT. THIS LIMITATION WILL APPLY

NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY PROVIDED HEREIN.

consequential or punitive damages, including without limitation, damages
for lost profits or data, even if such damages were foreseeable.”;

(d) “The limitations on liability set forth in this agreement are cumulative

and are intended and acknowledged by end user to benefit Samsung

third party suppliers.”