What Pocket - U.S. Government End User Rights; Applicable Law; Dispute Resolution

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INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF WHAT
WATCH 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, WHAT WATCH 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 AND/OR IP ON THIS DEVICE, OR ANY OTHER
PROVISION OF THIS EUA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY
FOR THIS DEVICE (WHICH CAN NOT EXCEED THE DEVICE’S MARKET PRICE). THE FOREGOING
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDYFAILS ITS ESSENTIAL PURPOSE. WE
SHALL NOT BE HELD RESPONSIBLE FOR ANY MALFUNCTIONING IF THE DEVICE WAS BOUGHT
NOT FROM THE OFFICIAL SELLER.
11. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS
The Software and IP 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 Devices 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.
12. APPLICABLE LAW
This EUA is governed by the laws of the jurisdiction where you are a resident or, if a resident of the United
States, by the laws of the state of Texas, without regard to its conict of law provisions. This EUA shall not
be governed by the UN Convention on Contracts for the International Sale of Goods (1980), the application
of which is expressly excluded.
13. DISPUTE RESOLUTION
ALL DISPUTES WITH WHAT WATCH ARISING IN ANY WAY FROM THIS EUA OR YOUR USE OF
THE SOFTWARE AND/OR IP SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR JURY.