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EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE
EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A
LIMITED EXTENT. THE TERMS MUST BE READ SUBJECT TO
THESE STATUTORY PROVISIONS. IF THESE STATUTORY
PROVISIONS APPLY, TO THE EXTENT TO WHICH SAMSUNG IS
ABLE TO DO SO, SAMSUNG LIMITS ITS LIABILITY UNDER
THOSE PROVISIONS TO, AT ITS OPTION, IN THE CASE OF
SERVICES (A) THE SUPPLYING OF THE SERVICES AGAIN; OR
(B) THE PAYMENT OF THE COST OF HAVING THE SERVICES
SUPPLIED AGAIN AND, IN THE CASE OF GOODS, (A) THE
REPLACEMENT OF THE GOODS OR THE SUPPLY OF
EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE
PAYMENT OF THE COST OF REPLACING THE GOODS OR OF
ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF
THE COST OF HAVING THE GOODS REPAIRED.
Indemnification
You agree to defend, indemnify and hold harmless Samsung
from and against any and all third party claims and all
liabilities, assessments, losses, costs or damages resulting
from or arising out of i) your breach of the Terms, ii) your
infringement or violation of any intellectual property, other
rights or privacy of a third party, iii) misuse of the Service by
a third party where such misuse was made possible due to
your failure to take reasonable measures to protect your
username and password against misuse.
Choice of Law
Except where prohibited by applicable law or provided
otherwise herein, the Terms shall be governed by the laws of
the State of New York without regard to its conflict of law
provisions.
You and Samsung agree to submit to the non-exclusive
jurisdiction of the competent courts in the State of New York
to resolve any legal matters arising from the Terms.
Notwithstanding this, you agree that Samsung shall still be
allowed to apply for injunctive remedies (or equivalent type
of urgent legal relief) in any jurisdiction.
Miscellaneous
The Terms (including all documents comprising the Terms)
constitute the entire agreement between you and Samsung,
and supersedes any prior agreement between you and
Samsung, with respect to your use of the Service. Your use of
any third-party content or service accessed via the Service
will be governed by the terms and conditions furnished with,
and applicable to that content or service. If any provision of
the Terms is held invalid, illegal or unenforceable, that
