Samsung Galaxy S Captivate User Manual

Contents

Warranty Information 182REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILLBE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THESOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BY SAMSUNG OR A SAMSUNGAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THEENTIRE COST OF ALL NECESSARY SERVICING, REPAIR ORCORRECTION. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ONAPPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THESEEXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAINOTHER DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, INNO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY,OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIALDAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OFDATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARYDAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOURUSE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OFOR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGHTHE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OFTHE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTIONWITH ANY PROVISION OF THIS EULA, HOWEVER CAUSED,REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORTOR OTHERWISE) AND EVEN IF SAMSUNG HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DONOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONALINJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHIS LIMITATION MAY NOT APPLY TO YOU.11. LIMITATION OF LIABILITY. Notwithstanding any damages thatyou might incur for any reason whatsoever (including, withoutlimitation, all damages referenced herein and all direct or generaldamages in contract or anything else), the entire liability ofSamsung under any provision of this EULA and your exclusiveremedy hereunder shall be limited to the greater of the actualdamages you incur in reasonable reliance on the Software up tothe amount actually paid by you for the Software or US$5.00. Theforegoing limitations, exclusions and disclaimers (includingSections 9, 10 and 11) shall apply to the maximum extentpermitted by applicable law, even if any remedy fails its essentialpurpose.12. U.S. GOVERNMENT END USERS. The Software is licensedonly with "restricted rights" and as "commercial items"consisting of "commercial software" and "commercial softwaredocumentation" with only those rights as are granted to all otherend users pursuant to the terms and conditions herein.13. APPLICABLE LAW. This EULA is governed by the laws ofTEXAS, without regard to conflicts of laws principles. This EULAi897 Vegas.book Page 182 Monday, July 19, 2010 12:26 PM