Samsung GH68_3XXXXA Warranty And Support, Limitation And Exclusion Of Liability, for fraud or

5. WARRANTY AND SUPPORT

The Software is provided "as is" with no representation, guarantee or warranty of any kind as to its functionality or that it does not and will not infringe any third party rights (including intellectual property rights). Licensor has no obligation under this License to provide technical or other support to you.

6.LIMITATION AND EXCLUSION OF LIABILITY

6.1Licensor does not exclude its liability (if any) to you:

6.1.1for personal injury or death resulting from Licensor's negligence;

6.1.2for fraud; or

6.1.3for any matter for which it would be illegal for Licensor to exclude or to attempt to exclude its liability.

6.2LICENSOR MAKES NO EXPRESS WARRANTIES WITH RESPECT TO THE SOFTWARE AND LICENSOR HEREBY EXCLUDES (TO THE FULLEST EXTENT PERMISSIBLE IN LAW), ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE) OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN FAVOUR OF

YOU. EXCEPT AS SET OUT IN THIS LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

6.3SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE UNDER NO LIABILITY TO YOU WHATSOEVER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE) FOR ANY INJURY, DEATH, DAMAGE OR DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF SAVINGS, DEPLETION OF GOODWILL AND LIKE LOSS) HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH:

6.3.1THE SOFTWARE, OR THE MANUFACTURE OR SALE OR SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE SOFTWARE BY LICENSOR OR ON THE PART OF LICENSOR'S EMPLOYEES, AGENTS OR SUB-CONTRACTORS;

6.3.2ANY BREACH BY LICENSOR OF ANY OF THE EXPRESS OR IMPLIED TERMS OF THIS LICENSE;

6.3.3ANY USE MADE OF THE SOFTWARE; OR

6.3.4ANY STATEMENT MADE OR NOT MADE, OR ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF OF LICENSOR.

Warranty Information 195