Samsung SPH-m350 Guide D'utilisation page 14

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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by You
or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct.
1995), consisting of ''commercial computer software'' and ''commercial computer software
documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any
provision of this License is held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable.
This License shall be governed by California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With
respect to disputes in which at least one party is a citizen of, or an entity chartered or
registered to do business in the United States of America, any litigation relating to this
License shall be subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs and reasonable attorneys'
fees and expenses. The application of the United Nations Convention on Contracts for the

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