91indirect transfer, such as a consignment. Prior to thetransfer, the end user receiving the Software mustagree to all the EULA terms.7. EXPORT RESTRICTIONS. You acknowledge that theSoftware is subject to export restrictions of variouscountries. You agree to comply with all applicableinternational and national laws that apply to theSoftware, including the U.S. Export AdministrationRegulations, as well as end user, end use, anddestination restrictions issued by U.S. and othergovernments.8. TERMINATION. This EULA is effective untilterminated. Your rights under this License willterminate automatically without notice from Samsungif you fail to comply with any of the terms andconditions of this EULA. Upon termination of thisEULA, you shall cease all use of the Software anddestroy all copies, full or partial, of the Software.9. DISCLAIMER OF WARRANTIES. You expresslyacknowledge and agree that use of the Software is atyour sole risk and that the entire risk as tosatisfactory quality, performance, accuracy and effortis with you. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, THE SOFTWARE IS PROVIDED"AS IS" AND WITH ALL FAULTS AND WITHOUTWARRANTY OF ANY KIND, AND SAMSUNG AND ITSLICENSORS (COLLECTIVELY REFERRED TO AS"SAMSUNG" FOR THE PURPOSES OF SECTIONS 9, 10and 11) HEREBY DISCLAIM ALL WARRANTIES ANDCONDITIONS WITH RESPECT TO THE SOFTWARE,EITHER EXPRESS, IMPLIED OR STATUTORY,INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES AND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORY QUALITY ORWORKMANLIKE EFFORT, OF FITNESS FOR APARTICULAR PURPOSE, OF RELIABILITY ORAVAILABILITY, OF ACCURACY, OF LACK OF VIRUSES,OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OFTHIRD PARTY RIGHTS. SAMSUNG DOES NOTWARRANT AGAINST INTERFERENCE WITH YOURENJOYMENT OF THE SOFTWARE, THAT THEFUNCTIONS CONTAINED IN THE SOFTWARE WILLMEET YOUR REQUIREMENTS, THAT THE OPERATIONOF THE SOFTWARE WILL BE UNINTERRUPTED ORERROR-FREE, OR THAT DEFECTS IN THE SOFTWAREWILL BE CORRECTED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BY SAMSUNG OR ASAMSUNG AUTHORIZED REPRESENTATIVE SHALLCREATE A WARRANTY. SHOULD THE SOFTWAREPROVE DEFECTIVE, YOU ASSUME THE ENTIRE COSTOF ALL NECESSARY SERVICING, REPAIR ORCORRECTION. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OF IMPLIED WARRANTIES ORLIMITATIONS ON APPLICABLE STATUTORY RIGHTS OFA CONSUMER, SO THESE EXCLUSIONS ANDLIMITATIONS MAY NOT APPLY TO YOU.10. EXCLUSION OF INCIDENTAL, CONSEQUENTIALAND CERTAIN OTHER DAMAGES. TO THE EXTENT NOTPROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNGBE LIABLE FOR PERSONAL INJURY, OR ANYINCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIALDAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS,LOSS OF DATA, BUSINESS INTERRUPTION, OR FORANY PECUNIARY DAMAGES OR LOSSES, ARISING OUTOF OR RELATED TO YOUR USE OR INABILITY TO USEVirgin M340.book Page 91 Tuesday, April 14, 2009 4:14 PM