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Each end-user sublicense agreement shall also include the following statement
of their equivalents:
(a) "Software provided hereunder is copyrighted and licensed (not sold).
Samsung expressly does not transfer title or any ownership rights in
the Software to end user."
(b) "Software provided hereunder may contain or be derived from portions
of materials provided to Samsung under license by a third party
supplier."
SAMSUNG AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE
SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MER-CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR AGAINST INFRINGEMENT. NEITHER LICENSOR OR ITS
LICENSORS OR SUPPLIES SHALL BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CON-SEQUENTIAL DAMAGES OR LOSS OF
PROFITS OR LOSS OF DATA OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS, TECHNOLO-GY OR SERVICES. ALL LIABILITY
UNDER THIS AGREEMENT IS CUMU-LATIVE AND NOT PER
INCIDENT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
PROVIDED HEREIN.
(a) "In no event shall Samsung or its supplier be liable for special,
incidental, consequential or punitive damages, including without
limitation, damages for lost profits or data, even if such damages were
foreseeable." ;
(b) "The limitations on liability set forth in this agreement are cumulative
and are intended and acknowledged by end user to benefit Samsung
third party suppliers."
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