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11. Limitation of Liability. SAMSUNG WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR
RELATING TO THE USE OR THE INABILITY TO USE ANY
THIRD-PARTY APPLICATION, ITS CONTENT OR
FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES
CAUSED BY OR RELATED TO ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT,
NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. NOT
WITHSTANDING THE FOREGOING, SAMSUNG’S TOTAL
LIABILITY TO PURCHASER FOR ALL LOSSES, DAMAGES,
CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE
BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT
OF PURCHASER’S USE OF THIRD-PARTY APPLICATIONS ON
THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS
EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID
SPECIFICALLY FOR ANY SUCH THIRD-PARTY APPLICATION
THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE
FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS
(INCLUDING SECTIONS 9, 10, AND 11) SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
12. U.S. Government End Users Restricted Rights. The
Software is licensed only with "restricted rights" and as
"commercial items" consisting of "commercial software"
and "commercial software documentation" with only those
rights as are granted to all other end users pursuant to the
terms and conditions herein. All Software and Products
provided to the United States Government pursuant to
solicitations issued on or after December 1, 1995 is provided
with the commercial rights and restrictions described
elsewhere herein. All Software and Products provided to the
United States Government pursuant to solicitations issued
prior to December 1, 1995 are provided with RESTRICTED
RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE
1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
13. APPLICABLE LAW. This EULA is governed by the laws of
TEXAS, without regard to conflicts of laws principles. This
EULA shall not be governed by the UN Convention on
Contracts for the International Sale of Goods, the application
of which is expressly excluded. If a dispute, controversy or