Term and termination, Governing law and jurisdiction – Samsung SCH-R760IBAXAR User Manual
Page 197
Warranty Information 193
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, OR
PUNITIVE DAMAGES FROM SAMSUNG. THIS LIMITATION AND
WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST
ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE
REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
6.5 You acknowledge that the above provisions of this clause 6
are reasonable for the Software and you will accept such risk
and/or insure accordingly.
6.6 Any rights that you have as a consumer are not affected by
this clause 6.
7. TERM AND TERMINATION
7.1 This License shall commence upon the earlier of your
acceptance of this License or your activation of the Software and
shall continue until terminated in accordance with clause 7.2 or
otherwise in accordance with this License.
7.2 This License will terminate automatically if you fail to comply
with any term or condition of this License or if you cease to use
the Software for any reason.
7.3 Upon termination of this License for any reason whatsoever
Licensor retains the right to permanently disable your access to
the Software.
7.4 The termination of this License howsoever arising is without
prejudice to the rights, duties and liabilities of either party
accrued prior to termination. Clauses 2.2, 2.3, 3, 4, 5, 6, 7.3, 8,
9 and 10 of this License will continue to be enforceable
notwithstanding termination.
8. GOVERNING LAW AND JURISDICTION
8.1 The formation, existence, construction, performance, validity
and all aspects whatsoever of this License or of any term of this
License will be governed by the laws of the State of New York.
8.2 The courts in New York City will have non-exclusive
jurisdiction to settle any disputes which may arise out of or in
connection with this License. The parties irrevocably agree to
submit to that jurisdiction.