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11. LIMITATION OF LIABILITY. Notwithstanding any damages that
you might incur for any reason whatsoever (including, without
limitation, all damages referenced herein and all direct or general
damages in contract or anything else), the entire liability of
Samsung under any provision of this EULA and your exclusive
remedy hereunder shall be limited to the greater of the actual
damages you incur in reasonable reliance on the Software up to
the amount actually paid by you for the Software or US$5.00. 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.
14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire
agreement between you and Samsung relating to the Software
and supersedes all prior or contemporaneous oral or written
communications, proposals and representations with respect to
the Software or any other subject matter covered by this EULA. If
any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full
force and effect.
Precautions for Transfer and Disposal
If data stored on this device is deleted or reformatted using the
standard methods, the data only appears to be removed on a
superficial level, and it may be possible for someone to retrieve
and reuse the data by means of special software.
To avoid unintended information leaks and other problems of this
sort, it is recommended that the device be returned to Samsung’s
Customer Care Center for an Extended File System (EFS) Clear
which will eliminate all user memory and return all settings to
default settings. Please contact the
Samsung Customer Care
Center
for details.
