135
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE HEREBY LIMITED TO THE SAME DURATION OF
TIME AS THE EXPRESS WRITTEN WARRANTY STATED HEREIN.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN ADDITION, SAMSUNG SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE
PURCHASE, USE, OR MISUSE OF, OR INABILITY TO USE THE
PRODUCT OR ARISING DIRECTLY OR INDIRECTLY FROM THE USE
OR LOSS OF USE OF THE PRODUCT OR FROM THE BREACH OF
THE EXPRESS WARRANTY, INCLUDING INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR SIMILAR DAMAGES, OR LOSS OF
ANTICIPATED PROFITS OR BENEFITS, OR FOR DAMAGES ARISING
FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS
NEGLIGENCE) OR FAULT COMMITTED BY SAMSUNG, ITS AGENTS
OR EMPLOYEES, OR FOR ANY BREACH OF CONTRACT OR FOR
ANY CLAIM BROUGHT AGAINST PURCHASER BY ANY OTHER
PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE. THIS LIMITED WARRANTY SHALL NOT EXTEND TO
ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS
PRODUCT AND STATES PURCHASER’S EXCLUSIVE REMEDY. IF
ANY PORTION OF THIS LIMITED WARRANTY IS HELD ILLEGAL OR
UNENFORCEABLE BY REASON OF ANY LAW, SUCH PARTIAL
ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT THE
ENFORCEABILITY FOR THE REMAINDER OF THIS LIMITED
WARRANTY WHICH PURCHASER ACKNOWLEDGES IS AND WILL
ALWAYS BE CONSTRUED TO BE LIMITED BY ITS TERMS OR AS
LIMITED AS THE LAW PERMITS.
THE PARTIES UNDERSTAND THAT THE PURCHASER MAY USE
THIRD-PARTY SOFTWARE OR EQUIPMENT IN CONJUNCTION
WITH THE PRODUCT. SAMSUNG MAKES NO WARRANTIES OR
REPRESENTATIONS AND THERE ARE NO CONDITIONS, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY,
CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF
ANY THIRD-PARTY SOFTWARE OR EQUIPMENT, WHETHER SUCH
THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH
THE PRODUCT DISTRIBUTED BY SAMSUNG OR OTHERWISE,
INCLUDING THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR
EQUIPMENT WITH THE PRODUCT. THE QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH
THIRD-PARTY SOFTWARE OR EQUIPMENT LIE SOLELY WITH THE
PURCHASER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF
SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, AS THE CASE
MAY BE.
This Limited Warranty allocates risk of Product failure between
Purchaser and SAMSUNG, and SAMSUNG’s Product pricing