Samsung SGH-T589 User Manual

Also see for Gravity SMART: User manual

Contents

223THE THRID-PARTY APPLICATION, THAT THE FUNCTIONSCONTAINED IN THE THIRD-PARTY APPLICATION WILL MEETPURCHASER'S REQUIREMENTS, THAT THE OPERATION OF THETHIRD-PARTY APPLICATION WILL BE UNINTERRUPTED ORERROR-FREE, OR THAT DEFECTS IN THE THIRD-PARTYAPPLICATION WILL BE CORRECTED. PURCHASER ASSUMES THEENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, ORCORRECTION. SOME JURISDICTIONS DO NOT ALLOWEXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIEDWARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONSMAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROMSAMSUNG SHALL BE DEEMED TO ALTER THIS DISCLAIMER OFWARRANTY REGARDING THIRD-PARTY APPLICATIONS, OR TOCREATE ANY WARRANTY.11. Limitation of Liability. SAMSUNG WILL NOT BE LIABLE FORANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TOTHE USE OR THE INABILITY TO USE ANY THIRD-PARTYAPPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUTNOT LIMITED TO DAMAGES CAUSED BY OR RELATED TOERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY INOPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TOCONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT,INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, ORCONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.NOTWITHSTANDING THE FOREGOING, SAMSUNG'S TOTALLIABILITY TO PURCHASER FOR ALL LOSSES, DAMAGES, CAUSESOF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ONCONTRACT, TORT, OR OTHERWISE, ARISING OUT OFPURCHASER'S USE OF THIRD-PARTY APPLICATIONS ON THISMOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA,SHALL NOT EXCEED THE AMOUNT PURCHASER PAIDSPECIFICALLY FOR ANY SUCH THIRD-PARTY APPLICATION THATWAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOINGLIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDINGSECTIONS 9, 10, AND 11) SHALL APPLY TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDYFAILS ITS ESSENTIAL PURPOSE.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 EULAshall not be governed by the UN Convention on Contracts for the