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Samsung Intensity 3 Manual

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    Section 14: Warranty Infor mation
    Standard Limited Warranty
    What is covered and for how long?
    SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 
    (“SAMSUNG”) warrants that SAMSUNG’s handsets and 
    accessories (“Products”) are free from defects in material 
    and workmanship under normal  use and service for the 
    period commencing upon the date of purchase by the first 
    consumer purchaser and continuing for the following 
    specified period of time after that date:
    What is not covered?
    This Limited Warranty is condit ioned upon proper use of the 
    Product.  This Limited Warranty does not cover: (a) defects or damage 
    resulting from accident, misuse, abnormal use, abnormal 
    conditions, improper storage, exposure to liquid, moisture, 
    dampness, sand or dirt, negl
    ect, or unusual physical, 
    electrical or electromechanical stress; (b) scratches, dents 
    and cosmetic damage, unless caused by SAMSUNG; 
    (c) defects or damage resulting from excessive force or use 
    of a metallic object when pressing on a touch screen; 
    (d) equipment that has the serial number or the 
    enhancement data code remo ved, defaced, damaged, 
    altered or made illegible; (e) ordinary wear and tear; 
    (f) defects or damage resulting from the use of Product in 
    conjunction or connection with accessories, products, or 
    ancillary/peripheral equipment no t furnished or approved by 
    SAMSUNG; (g) defects or dama ge resulting from improper 
    testing, operation, maintenance, installation, service, or 
    adjustment not furnished or  approved by SAMSUNG; 
    (h) defects or damage resulting  from external causes such as 
    collision with an object, fire, flooding, dirt, windstorm, 
    lightning, earthquake, exposure to  weather conditions, theft, 
    blown fuse, or improper use of any electrical source; 
    (i) defects or damage resulting from cellular signal reception 
    Phone
    1 Year
    Batteries 1 Year
    Case/Pouch/Holster 90 Days
    Other Phone Accessories 1  Year 
    						
    							Warranty Information       197
    or transmission, or viruses or other software problems 
    introduced into the Product; or
     (j) Product used or purchased 
    outside the United States. This Limited Warranty covers 
    batteries only if battery capacity falls below 80% of rated 
    capacity or the battery leaks, and this Limited Warranty does 
    not cover any battery if (i) the  battery has been charged by a 
    battery charger not specified or approved by SAMSUNG for 
    charging the battery; (ii) any of the seals on the battery are 
    broken or show evidence of tamp ering; or (iii) the battery has 
    been used in equipment othe r than the SAMSUNG phone for 
    which it is specified.
    What are SAMSUNG’s obligations?
    During the applicable warranty period, provided the Product 
    is returned in accordance wi th the terms of this Limited 
    Warranty, SAMSUNG will repair or replace the Product, at 
    SAMSUNG’s sole option, withou t charge. SAMSUNG may, at 
    SAMSUNG’s sole option, use rebuilt, reconditioned, or new 
    parts or components when repairing any Product, or may 
    replace the Product with a rebuilt, reconditioned or new 
    Product. 
    Repaired/replaced cases, pouches and holsters will be 
    warranted for a period of ninety (90) days. All other repaired/
    replaced Products will be warran ted for a period equal to the  remainder of the original Limi
    ted Warranty on the original 
    Product or for ninety (90) days, whichever is longer. All 
    replaced Products, parts, components, boards and 
    equipment shall become the prop erty of SAMSUNG. Except to 
    any extent expressly allowed by applicable law, transfer or 
    assignment of this Limited Warranty is prohibited.
    What must you do to obtain warranty service?
    To obtain service under this Limited Warranty, you must 
    return the Product to an authorized phone service facility in 
    an adequate container for shipping, accompanied by the 
    sales receipt or comparable proof of sale showing the 
    original date of purchase, th e serial number of the Product 
    and the seller’s name and address. 
    To obtain assistance on where to deliver the Product, please 
    call SAMSUNG Customer Care at 1-888-987-4357. If 
    SAMSUNG determines that any Product is not covered by this 
    Limited Warranty, you must pay  all parts, shipping, and labor 
    charges for the repair or  return of such Product.
    You should keep a separate backup copy of any contents of 
    the Product before delivering the Product to SAMSUNG for 
    warranty service, as some or all of the contents may be 
    deleted or reformatted during the course of warranty service. 
    						
    							198
    What are the limits on SAMSUNG’s liability?
    THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF 
    SAMSUNG’S RESPONSIBILITIES, AND THE EXCLUSIVE 
    REMEDY REGARDING THE PRODUCTS. 
    ALL IMPLIED WARRANTIES, INCLUDING WITHOUT 
    LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY 
    AND FITNESS FOR A PARTICULAR  PURPOSE, ARE LIMITED TO 
    THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT 
    SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF 
    THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT 
    LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF 
    USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, 
    PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, 
    SPECIAL, CONSEQUENTIAL OR  PUNITIVE DAMAGES; OR 
    DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE 
    PRODUCT. SOME STATES AND JURISDICTIONS DO NOT 
    ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY 
    LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL 
    OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS 
    AND DISCLAIMERS MAY NOT APPLY TO YOU.
    SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS, 
    EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO 
    THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE  OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR 
    EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR 
    THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR 
    EQUIPMENT WITH THE PRODUCT, WHETHER SUCH 
    THIRD-PARTY SOFTWARE OR EQ
    UIPMENT IS INCLUDED WITH 
    THE PRODUCT DISTRIBUTED BY  SAMSUNG OR OTHERWISE. 
    RESPONSIBILITY FOR THE QU ALITY, CAPABILITIES, 
    OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY 
    SUCH THIRD-PARTY SOFTWA RE OR EQUIPMENT RESTS 
    SOLELY WITH THE USER AND  THE DIRECT VENDOR, OWNER 
    OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR 
    EQUIPMENT.
    Nothing in the Product instructions or information shall be 
    construed to create an express warranty of any kind with 
    respect to the Products. No agent, employee, dealer, 
    representative or reseller is auth orized to modify or extend 
    this Limited Warranty or to make binding representations or 
    claims, whether in advertising,  presentations or otherwise, 
    on behalf of SAMSUNG regarding the Products or this Limited 
    Warranty.
    This Limited Warranty gives you specific legal rights, and you 
    may also have other rights that vary from state to state. 
    						
    							Warranty Information       199
    What is the procedure for resolving disputes?
    ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM 
    THIS LIMITED WARRANTY OR THE SALE, CONDITION OR 
    PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED 
    EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, 
    AND NOT BY A COURT OR JURY. 
    Any such dispute shall not be combined or consolidated with 
    a dispute involving any other pers on’s or entity’s Product or 
    claim, and specifically, without limitation of the foregoing, 
    shall not under any circumstances proceed as part of a class 
    action. The arbitration shall  be conducted before a single 
    arbitrator, whose award may not exceed, in form or amount, 
    the relief allowed by the applicable law. The arbitration shall 
    be conducted according to  the American Arbitration 
    Association (AAA) Commercial Ar bitration Rules applicable to 
    consumer disputes. This arbitration provision is entered 
    pursuant to the Federal Arbitration Act. The laws of the State 
    of Texas, without reference to its choice of laws principles, 
    shall govern the interpretation of the Limited Warranty and all 
    disputes that are subject to  this arbitration provision. The 
    arbitrator shall decide all issues of interpretation and 
    application of this arbitration provision and the Limited 
    Warranty. For any arbitration in which your total damage claims, 
    exclusive of attorney fees and expert witness fees, are 
    $5,000.00 or less (“Small Claim”), the arbitrator may, if you 
    prevail, award your reasonable attorney fees, expert witness 
    fees and costs as part of any award, but may not grant 
    SAMSUNG its attorney fees, expert witness fees or costs 
    unless it is determined that the claim was brought in bad 
    faith. In a Small Claim case, you shall be required to pay no 
    more than half of the total administrative, facility and 
    arbitrator fees, or $50.00 of su
    ch fees, whichever is less, and 
    SAMSUNG shall pay the remainder of such fees. 
    Administrative, facility and arbitrator fees for arbitrations in 
    which your total damage claims, exclusive of attorney fees 
    and expert witness fees, exceed $5,000.00 (“Large Claim”) 
    shall be determined according to AAA rules. In a Large Claim 
    case, the arbitrator may grant to the prevailing party, or 
    apportion among the parties, reasonable attorney fees, 
    expert witness fees and costs.  Judgment may be entered on 
    the arbitrator’s award in any court of competent jurisdiction.
    This arbitration provision also applies to claims against 
    SAMSUNG’s employees, representatives and affiliates if any 
    such claim arises from the Product’s sale, condition or 
    performance. 
    						
    							200
    You may opt out of this dispute resolution procedure by 
    providing notice to SAMSUNG no  later than 30 calendar days 
    from the date of the first consumer purchaser’s purchase of the 
    Product. To opt out, you must send notice by e-mail to 
    [email protected], with th e subject line: “Arbitration 
    Opt Out.” You must include in the opt out e-mail (a) your name 
    and address; (b) the date on  which the Product was purchased; 
    (c) the Product model name or  model number; and (d) the IMEI 
    or MEID or Serial Number, as applicable, if you have it (the IMEI 
    or MEID or Serial Number can  be found (i) on the Product box; 
    (ii) on the Product information screen, which can be found 
    under “Settings;” (iii) on a label  on the back of the Product 
    beneath the battery, if the battery is removable; and (iv) on the 
    outside of the Product if the battery is not removable). 
    Alternatively, you may opt out by calling 1-888-987-4357 no 
    later than 30 calendar days from the date of the first consumer 
    purchaser’s purchase of the Product and providing the same 
    information. These are the only two forms of notice that will be 
    effective to opt out of this dis pute resolution procedure. Opting 
    out of this dispute resolution  procedure will not affect the 
    coverage of the Limited Warranty in any way, and you will 
    continue to enjoy the benefi ts of the Limited Warranty. Severability
    If any portion of this Limited Warranty is held to be illegal or 
    unenforceable, such partial ille
    gality or unenforceability shall 
    not affect the enforceability of  the remainder of the Limited 
    Warranty.
    Precautions for Transfer and Disposal
    If data stored on this device is deleted or reformatted using 
    the standard methods, the data only appears to be removed 
    on a superficial level, and it may be possible for someone to 
    retrieve and reuse the data by means of special software.
    To avoid unintended informatio n leaks and other problems of 
    this sort, it is recommended that the device be returned to 
    Samsung’s Customer Care Center for an Extended File 
    System (EFS) Clear which will eliminate all user memory and 
    return all settings to default settings. Please contact the 
    Samsung Customer Care Center for details.
    Important!: Please provide warranty information (proof of  purchase) to Samsung’s Customer Care Center in 
    order to provide this service at no charge. If the 
    warranty has expired on the device, charges may 
    apply. 
    						
    							Warranty Information       201
    Samsung Telecommunications America, LLC
    1301 E. Lookout Drive
    Richardson, Texas 75082
    Phone: 1-800-SAMSUNG
    Phone: 1-888-987-HELP (4357)
    ©2012 Samsung Telecommunications America, LLC. All 
    rights reserved.
    No reproduction in whole or in part allowed without prior 
    written approval. Specifications and availability subject to 
    change without notice. [111611]
    End User License Agreement for 
    Software
    IMPORTANT. READ CAREFULLY: This End User License 
    Agreement (“EULA”) is a legal agreement between you 
    (either an individual or a single entity) and Samsung 
    Electronics Co., Ltd. for  software owned by Samsung 
    Electronics Co., Ltd. and its affiliated companies and its third 
    party suppliers and licensors that accompanies this EULA, 
    which includes computer software and may include 
    associated media, printed materi als, “online” or electronic 
    documentation (“Software”).  BY CLICKING THE “I ACCEPT” BUTTON (OR IF YOU BYPASS 
    OR OTHERWISE DISABLE TH
    E “I ACCEPT”, AND STILL 
    INSTALL, COPY, DOWNLOAD, ACCESS OR OTHERWISE USE 
    THE SOFTWARE), YOU AGREE TO  BE BOUND BY THE TERMS 
    OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS IN THIS 
    EULA, YOU MUST CLICK THE “DECLINE” BUTTON, AND 
    DISCONTINUE USE OF THE SOFTWARE.
    1. GRANT OF LICENSE. Samsung grants you the following 
    rights provided that you comply with all terms and conditions 
    of this EULA: You may install, use, access, display and run 
    one copy of the Software on th e local hard disk(s) or other 
    permanent storage media of one computer and use the 
    Software on a single computer or a mobile device at a time, 
    and you may not make the Software available over a network 
    where it could be used by multiple computers at the same 
    time. You may make one copy of the Software in 
    machine-readable form for backup purposes only; provided 
    that the backup copy must include all copyright or other 
    proprietary notices cont ained on the original.
    2. RESERVATION OF RIGHTS AND OWNERSHIP. Samsung 
    reserves all rights not expressl y granted to you in this EULA. 
    The Software is protected by co pyright and other intellectual 
    property laws and treaties. Samsung or its suppliers own the  
    						
    							202
    title, copyright and other intellectual property rights in the 
    Software. The Software is licensed, not sold.
    3. LIMITATIONS ON END USER RIGHTS. You may not reverse 
    engineer, decompile, disassemble, or otherwise attempt to 
    discover the source code or algorithms of, the Software 
    (except and only to the extent that such activity is expressly 
    permitted by applicable law not withstanding this limitation), 
    or modify, or disable any features of, the Software, or create 
    derivative works based on th
    e Software. You may not rent, 
    lease, lend, sublicense or provide commercial hosting 
    services with the Software.
    4. CONSENT TO USE OF DATA. You agree that Samsung and 
    its affiliates may collect and use technical information 
    gathered as part of the product support services related to 
    the Software provided to you, if  any, related to the Software. 
    Samsung may use this information solely to improve its 
    products or to provide customized  services or technologies to 
    you and will not disclose this information in a form that 
    personally identifies you.
    5. UPGRADES. This EULA applies to updates, supplements 
    and add-on components (if an y) of the Software that 
    Samsung may provide to you or make available to you after 
    the date you obtain your initial copy of the Software, unless  we provide other terms along 
    with such upgrade. To use 
    Software identified as an upgra de, you must first be licensed 
    for the Software identified by Samsung as eligible for the 
    upgrade. After upgrading,  you may no longer use the 
    Software that formed the basis for your upgrade eligibility.
    6. SOFTWARE TRANSFER. You may not transfer this EULA or 
    the rights to the Software granted herein to any third party 
    unless it is in connection with the sale of the mobile device 
    which the Software accompanied.  In such event, the transfer 
    must include all of the Softwa re (including all component 
    parts, the media and printed materials, any upgrades, this 
    EULA) and you may not retain  any copies of the Software. 
    The transfer may not be an indirect transfer, such as a 
    consignment. Prior to the transf er, the end user receiving the 
    Software must agree to all the EULA terms.
    7. EXPORT RESTRICTIONS. You acknowledge that the 
    Software is subject to export restrictions of various countries. 
    You agree to comply with all applicable international and 
    national laws that apply to the Software, including the U.S. 
    Export Administration Regulations, as well as end user, end 
    use, and destination restrictions issued by U.S. and other 
    governments. 
    						
    							Warranty Information       203
    8. TERMINATION. This EULA is effective until terminated. Your 
    rights under this License will terminate automatically without 
    notice from Samsung if you fail to comply with any of the 
    terms and conditions of this EU
    LA. Upon termination of this 
    EULA, you must cease all use of  the Software and destroy all 
    copies, full or partial, of the Software.
    9. THIRD-PARTY APPLICATIONS. Certain third-party 
    applications may be included with, or downloaded to this 
    mobile device. SAMSUNG makes no representations 
    whatsoever about any of these applications. Since SAMSUNG 
    has no control over such applications, Purchaser 
    acknowledges and agrees that SAMSUNG is not responsible 
    for the availability of such applications and is not responsible 
    or liable for any content, advertising, products, services, or 
    other materials on or available from such applications. 
    Purchaser expressly acknowledges and agrees that use of 
    third-party applications is at Purchaser’s sole risk and that 
    the entire risk of unsatisfac tory quality, performance, 
    accuracy and effort is with Purchaser. It is up to Purchaser to 
    take precautions to ensure that  whatever Purchaser selects 
    to use is free of such items as viruses, worms, Trojan horses, 
    and other items of a destructiv e nature. References on this 
    mobile device to any names, ma rks, products, or services of 
    any third-parties are provided solely as a convenience to  Purchaser, and do not constitu
    te or imply an endorsement, 
    sponsorship, or recommendation of, or affiliation with the 
    third-party or its products an d services. Purchaser agrees 
    that SAMSUNG shall not be respon sible or liable, directly or 
    indirectly, for any damage or loss caused or alleged to 
    caused by, or in connection with, use of or reliance on any 
    such third-party content, products, or services available on 
    or through any such application. Purchaser acknowledges 
    and agrees that your use of any third-party application is 
    governed by such third-party application provider’s Terms of 
    Use, License Agreement, Privacy Policy, or other such 
    agreement and that any information or personal data you 
    provide, whether knowingly or unknowingly, to such third-
    party application provider, will be subject to such third-party 
    application provider’s privacy policy, if such a policy exists. 
    SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY 
    DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES 
    OF ANY THIRD-PARTY APPLICATION PROVIDER.
    10. Disclaimer of Warranty Regarding Third-Party 
    Applications. SAMSUNG DOES  NOT WARRANT OR MAKE ANY 
    REPRESENTATIONS REGARDING THE AVAILABILITY, USE, 
    TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR 
    RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR 
    OTHERWISE RESPECTING, THE CONTENT OF ANY  
    						
    							204
    THIRD-PARTY APPLICATION WHETHER SUCH THIRD-PARTY 
    APPLICATION IS INCLUDED WITH THE PRODUCT 
    DISTRIBUTED BY SAMSUNG, IS DOWNLOADED, OR 
    OTHERWISE OBTAINED. USE OF ANY THIRD-PARTY 
    APPLICATION IS DONE AT 
    PURCHASER’S OWN DISCRETION 
    AND RISK AND PURCHASER IS SOLELY RESPONSIBLE FOR 
    ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA 
    THAT RESULTS FROM THE DOWNL OADING OR USE OF SUCH 
    THIRD-PARTY APPLICATIONS. SAMSUNG EXPRESSLY 
    DISCLAIMS ANY WARRANTY REGARDING WHETHER 
    PURCHASER’S PERSONAL INFO RMATION IS CAPTURED BY 
    ANY THIRD-PARTY APPLICATION PROVIDER OR THE USE TO 
    WHICH SUCH PERSONAL INFO RMATION MAY BE PUT BY 
    SUCH THIRD-PARTY APPLICATION PROVIDER. ANY 
    THIRD-PARTY APPLICATIONS PROVIDED WITH THIS MOBILE 
    DEVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” 
    BASIS, WITHOUT WARRANTIES OF ANY KIND FROM 
    SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE FULLEST 
    EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, 
    SAMSUNG DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, 
    OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED 
    WARRANTIES OF MERCHANTABILITY, SATISFACTORY 
    QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A 
    PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY,  ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, 
    NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER 
    VIOLATION OF RIGHTS. SAMSUNG DOES NOT WARRANT 
    AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE 
    THIRD-PARTY APPLICATION, THAT THE FUNCTIONS 
    CONTAINED IN THE THIRD-PARTY APPLICATION WILL MEET 
    PURCHASER’S REQUIREMENTS, THAT THE OPERATION OF 
    THE THIRD-PARTY APPLICATION WILL BE UNINTERRUPTED 
    OR ERROR-FREE, OR THAT DEFECTS IN THE THIRD-PARTY 
    APPLICATION WILL BE CORRECTED. PURCHASER ASSUMES 
    THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, 
    OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW 
    EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED 
    WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR 
    EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR 
    INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY 
    PURCHASER FROM SAMSUNG SHALL BE DEEMED TO ALTER 
    THIS DISCLAIMER OF WARRANTY REGARDING THIRD-PARTY 
    APPLICATIONS, OR TO CREATE ANY WARRANTY.
    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  
    						
    							Warranty Information       205
    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, INCLUDIN G 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 ot
    her 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 afte r December 1, 1995 is provided 
    with the commercial rights and restrictions described 
    elsewhere herein. All Software and Products provided to the 
    United States Government pur suant 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 
    difference is not amicably settled, it shall be finally resolved 
    by arbitration in Seoul, Korea in accordance with the 
    Arbitration Rules of the Korean Commercial Arbitration Board.  
    						
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