258
6.4 Disclaimer 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.
6.5 You acknowledge that the above provisions
of this clause 6 are reasonable for the Software
and you will accept such risk and/or insure
accordingly.
6.6 Any rights that you have as a consumer are
not affected by this clause 6.
7.TERM AND TERMINATION
7.1 This 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.
7.2 This 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.
7.3 Upon termination of this License for any
reason whatsoever Licensor retains the right to
permanently disable your access to the
Software.
7.4 The 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,
9 and 10 of this License will continue to be
enforceable notwithstanding termination.
8.GOVERNING LAW AND JURISDICTION
8.1 The 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.