166
NOTWITHSTANDING THE FOREGOING, SAMSUNG
ELECTRONIC CO.'S TOTAL LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT
NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR
OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE
OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR
ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED
THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS
MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION
THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE
FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS
(INCLUDING SECTIONS 9, 10, 11 AND 12) SHALL APPLY TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. 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 Products are provided only
with "restricted rights" with only those rights as are granted
to all other end users pursuant to the terms and conditions
herein. All Software and Products are provided subject to
Federal Acquisition Regulation (FAR) 52.227.19.
14. 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.
15. DISPUTE RESOLUTION.
(a) Non-United States residents. 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.
The award of arbitration shall be final and binding upon the
parties.
(b) United States residents. ALL DISPUTES WITH SAMSUNG
ELECTRONICS CO. ARISING IN ANY WAY FROM THIS EULA OR
YOUR USE OF THE SOFTWARE 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 any other person's or
entity's claim or dispute, 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
