THE FOREGOING, SAMSUNG ELECTRONIC CO.'S TOTALLIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OFACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ONCONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOURUSE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ONTHIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THISEULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAIDSPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCHTHIRD PARTY APPLICATION THAT WAS INCLUDED WITH THISMOBILE DEVICE. THE FOREGOING LIMITATIONS,EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 10,11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDYFAILS ITS ESSENTIAL PURPOSE.14. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. TheSoftware is licensed only with "restricted rights" and as"commercial items" consisting of "commercial software"and "commercial software documentation" with only thoserights as are granted to all other end users pursuant to theterms and conditions herein. All Products are provided onlywith "restricted rights" with only those rights as are grantedto all other end users pursuant to the terms and conditionsherein. All Software and Products are provided subject toFederal Acquisition Regulation (FAR) 52.227.19.15. APPLICABLE LAW. This EULA is governed by the laws ofthe jurisdiction where you are a resident or, if a resident ofthe United States, by the laws of the state of Texas, withoutregard to its conflict of law provisions. This EULA shall not begoverned by the UN Convention on Contracts for theInternational Sale of Goods, the application of which isexpressly excluded.16. DISPUTE RESOLUTION.(a) Non-United States residents. If a dispute, controversy ordifference arising in any way from this EULA or your use ofthe Software is not amicably settled, it shall be subject to thenon-exclusive jurisdiction of the courts of the jurisdictionwhere you are a resident. Notwithstanding the foregoing,Samsung may apply for injunctive remedies (or an equivalenttype of urgent legal relief) in any jurisdiction.(b) United States residents. ALL DISPUTES WITH SAMSUNGARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THESOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGHFINAL AND BINDING ARBITRATION, AND NOT BY A COURT ORJURY. Any such dispute shall not be combined orconsolidated with any other person’s or entity’s claim ordispute, and specifically, without limitation of the foregoing,shall not under any circumstances proceed as part of a class213
