End user license agreement | 49 |
COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR OR ITS SOFTWARE SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUN- TRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF LI- CENSOR, ITS SOFTWARE SUPPLIERS AND THEIR RESPECTIVE AFFILIATES AND EMPLOYEES SHALL BE LIMITED TO, AT LICENSOR'S OPTION, EITHER
(A)RETURN OF THE PRICE PAID LESS A REASONABLE AMOUNT FOR US- AGE, OR (B) REPAIR OR REPLACMENT OF THE SOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY PRO- VIDED WITH THE PHONE AND WHICH IS RETURNED IN ACCORDANCE WITH THE REQUIREMENTS OF THE LIMITED WARRANTY.
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a con- sumer. Nothing contained in this Agreement limits Licensor's liability to You in the event of death or personal injury resulting from Licensor's negligence if law prohibits such a
limitation. Licensor is acting on behalf of its software suppliers and their respective employees and affiliates for the purpose of disclaiming, excluding and/or restricting obliga- tions, warranties and liability as provided in this clause 9, but in no other respects and for no other purpose.
10. Technical support.
Licensor has no obligation to furnish You with technical support except as agreed in writing between You and Licensor in the Limited Warranty provided with the phone.
11. Export control.
The Software may be subject to export regulations of the United States and other countries. You agree that You shall comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of