2.Each
(a)“Software provided hereunder is copyrighted and licensed (not sold). Samsung expressly does not transfer title or any ownership rights in the Software to end user.”
(b)“Software provided hereunder may contain or be derived from portions of materials provided to Samsung under license by a third party supplier.”
SAMSUNG AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MER- CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. NEITHER LICENSOR OR ITS LICENSORS OR SUPPLIES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CON- SEQUENTIAL DAMAGES OR LOSS OF PROFITS OR LOSS OF DATA OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLO- GY OR SERVICES. ALL LIABILITY UNDER THIS AGREEMENT IS CUMU- LATIVE AND NOT PER INCIDENT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
(c)“In no event shall Samsung or its supplier be liable for special, incidental, consequential or punitive damages, including without limitation, damages for lost profits or data, even if such damages were foreseeable.”;
(d)“The limitations on liability set forth in this agreement are cumulative and are intended and acknowledged by end user to benefit Samsung third party suppliers.”