Samsung SMT3100ZWYXAR, SM-T3100ZWYXAR Indemnification, Choice of Law, Miscellaneous, 194

EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH SAMSUNG IS ABLE TO DO SO, SAMSUNG LIMITS ITS LIABILITY UNDER THOSE PROVISIONS TO, AT ITS OPTION, IN THE CASE OF SERVICES (A) THE SUPPLYING OF THE SERVICES AGAIN; OR

(B)THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

Indemnification

You agree to defend, indemnify and hold harmless Samsung from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by

a third party where such misuse was made possible due to your failure to take reasonable measures to protect your username and password against misuse.

Choice of Law

Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in the State of New York to resolve any legal matters arising from the Terms. Notwithstanding this, you agree that Samsung shall still be allowed to apply for injunctive remedies (or equivalent type of urgent legal relief) in any jurisdiction.

Miscellaneous

The Terms (including all documents comprising the Terms) constitute the entire agreement between you and Samsung, and supersedes any prior agreement between you and Samsung, with respect to your use of the Service. Your use of any third-party content or service accessed via the Service will be governed by the terms and conditions furnished with, and applicable to that content or service. If any provision of the Terms is held invalid, illegal or unenforceable, that

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