User Guide
137 Health & Safety
Health & Safety
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, 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 EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITH-
STANDING THE FOREGOING, SAMSUNG ELECTRONIC CO.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF
ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF
THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT
EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT
WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SEC-
TIONS 10, 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.
14. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. The Software is licensed only with “restricted rights” and as “com-
mercial 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. All Products are provided only with “restricted
rights” with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Software
and Products are provided subject to Federal Acquisition Regulation (FAR) 52.227.19.
15. APPLICABLE LAW. This EULA is governed by the laws of the jurisdiction where you are a resident or, if a resident of the Unit-
ed States, by the laws of the state of Texas, without regard to its conict of law provisions. 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.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute, controversy or difference arising in any way from this EULA or your use of the Soft-
ware is not amicably settled, it shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction where you are
a resident. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
(b) United States residents. ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE SOFT-
WARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such
dispute shall not be combined or consolidated with any other person’s or entity’s claim or dispute, and specically, without