Samsung SGH-T589HBBTMB - Manual (Page 228)

223
THE THRID-PARTY APPLICATION, THAT THE FUNCTIONS
CONTAINED IN THE THIRD-PARTY APPLICATION WILL MEET
PURCHASER'S REQUIREMENTS, THAT THE OPERATION OF THE
THIRD-PARTY APPLICATION WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE THIRD-PARTY
APPLICATION WILL BE CORRECTED. PURCHASER ASSUMES THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM
SAMSUNG SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF
WARRANTY REGARDING THIRD-PARTY APPLICATIONS, OR TO
CREATE ANY WARRANTY.
11. Limitation of Liability. SAMSUNG WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE ANY THIRD-PARTY
APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT
NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO
ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO
CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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