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(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 Samsung 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. 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 Samsung
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, 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
Samsung Software 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
SOFTWARE 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 limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall
be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable
law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules
applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the
State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the EULA and all disputes
that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this