427
13.
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 THE SOFTWARE OR 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, 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. NOTWITHSTANDING 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 SECTIONS 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 "commercial items"
consisting of "commercial software" and "commercial software
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