NOlWITHSTANDING THE FOREGOING, SAMSUNG ELECTRONIC Co.·sTOTAL 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 9, 10, 11 AND 12) SHALL APPLY TO THE MAXIMUM EXTENT PERMITIED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

13. U.S. Government End Users Restricted Rights. The Software is licensed only with ..restricted rights.. and as

..commercial itemsll consisting of IIcommercial software'' and II 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 rightsII 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.

14.APPLICABLE LAW. This EULA is governed by the laws of

the State of New York without regard to conflicts of laws

principles. 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.

15. DISPUTE RESOLUTION.

 

If a dispute, controversy or difference is not amicably

settled, it shall be finally resolved by arbitration in Seoul,

Korea in accordance with the Arbitration Rules of the Korean

Commercial Arbitration Board.

 

The award of arbitration shall be final and binding upon the

parties.

 

16. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the

entire agreement between you and Samsung Electronics Co.

relating to the Software and supersedes all prior or

contemporaneous oral or written communications, proposals

and representations with respect to the Software or any other

subject matter covered by this

EULA. If any provision of this

EULA is held to be void, invalid

, unenforceable or illegal, the

other provisions shall continue in full force and effect.

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Warranty Information 165

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Samsung EKGC200ZKAXAR State of New York without regard to conflicts of laws, Which is expressly excluded, Parties