Samsung GH68-37463A user manual Term and Termination, 258

6.4Disclaimer of Certain Damages. IN NO EVENT SHALL SAMSUNG BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK, AND HEREBY WAIVE, ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM SAMSUNG. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.

6.5You acknowledge that the above provisions of this clause 6 are reasonable for the Software and you will accept such risk and/or insure accordingly.

6.6Any rights that you have as a consumer are not affected by this clause 6.

7.TERM AND TERMINATION

7.1This License shall commence upon the earlier of your acceptance of this License or your activation of the Software and shall continue until terminated in accordance with clause 7.2 or otherwise in accordance with this License.

7.2This License will terminate automatically if you fail to comply with any term or condition of this License or if you cease to use the Software for any reason.

7.3Upon termination of this License for any reason whatsoever Licensor retains the right to permanently disable your access to the Software.

7.4The termination of this License howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. Clauses 2.2, 2.3, 3, 4, 5, 6, 7.3, 8,

9and 10 of this License will continue to be

enforceable notwithstanding termination.

8.GOVERNING LAW AND JURISDICTION

8.1The formation, existence, construction, performance, validity and all aspects whatsoever of this License or of any term of this License will be governed by the laws of the State of New York.

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