User Manual - US Cellular
User Manual - US Cellular
User Manual - US Cellular
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6.1.3 for any matter for which it would be illegal for Licensor<br />
to exclude or to attempt to exclude its liability.<br />
6.2 LICENSOR MAKES NO EXPRESS WARRANTIES WITH<br />
RESPECT TO THE SOFTWARE AND LICENSOR HEREBY<br />
EXCLUDES (TO THE FULLEST EXTENT PERMISSIBLE IN LAW),<br />
ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT<br />
LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL<br />
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL<br />
BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS,<br />
EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE)<br />
OR IMPLIED, STATUTORY, C<strong>US</strong>TOMARY OR OTHERWISE<br />
WHICH, BUT FOR SUCH EXCL<strong>US</strong>ION, WOULD OR MIGHT<br />
SUBSIST IN FAVOUR OF YOU. EXCEPT AS SET OUT IN THIS<br />
LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY<br />
AND PERFORMANCE OF THE SOFTWARE.<br />
6.3 SUBJECT TO CLA<strong>US</strong>E 6.1 LICENSOR WILL BE UNDER NO<br />
LIABILITY TO YOU WHATSOEVER (WHETHER IN CONTRACT,<br />
TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY<br />
DUTY, RESTITUTION OR OTHERWISE) FOR ANY INJURY,<br />
DEATH, DAMAGE OR DIRECT, INDIRECT OR CONSEQUENTIAL<br />
LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT<br />
LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS,<br />
LOSS OF B<strong>US</strong>INESS, LOSS OF DATA, LOSS OF SAVINGS,<br />
DEPLETION OF GOODWILL AND LIKE LOSS) HOWSOEVER<br />
CA<strong>US</strong>ED ARISING OUT OF OR IN CONNECTION WITH:<br />
6.3.1 THE SOFTWARE, OR THE MANUFACTURE OR SALE OR<br />
SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE<br />
SOFTWARE BY LICENSOR OR ON THE PART OF LICENSOR'S<br />
EMPLOYEES, AGENTS OR SUB-CONTRACTORS;<br />
6.3.2 ANY BREACH BY LICENSOR OF ANY OF THE EXPRESS<br />
OR IMPLIED TERMS OF THIS LICENSE;<br />
6.3.3 ANY <strong>US</strong>E MADE OF THE SOFTWARE; OR<br />
6.3.4 ANY STATEMENT MADE OR NOT MADE, OR ADVICE<br />
GIVEN OR NOT GIVEN, BY OR ON BEHALF OF LICENSOR.<br />
6.4 Disclaimer of Certain Damages. IN NO EVENT SHALL<br />
SAMSUNG BE LIABLE TO YOU OR ANY PARTY RELATED TO<br />
YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,<br />
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST<br />
PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE<br />
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL<br />
APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER<br />
FRAUD, MISREPRESENTATION, BREACH OF CONTRACT,<br />
NEGILIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY,<br />
INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER<br />
THEORY REGARDLESS OF WHETHER OR NOT SAMSUNG HAS<br />
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