6.LIMITATION AND EXCLUSION OF LIABILITY, 6.1.2for fraud; or

6.1.3for any matter for which it would be illegal for Licensor to exclude or to attempt to exclude its liability.

6.2LICENSOR MAKES NO EXPRESS WARRANTIES WITH RESPECT TO THE SOFTWARE AND LICENSOR HEREBY EXCLUDES (TO THE FULLEST EXTENT PERMISSIBLE IN LAW), ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE) OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN FAVOUR OF YOU. EXCEPT AS SET OUT IN THIS LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

6.3SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE UNDER NO LIABILITY TO YOU WHATSOEVER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY,

RESTITUTION OR OTHERWISE) FOR ANY INJURY, DEATH, DAMAGE OR DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF SAVINGS, DEPLETION OF GOODWILL AND LIKE LOSS) HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH:

6.3.1THE SOFTWARE, OR THE MANUFACTURE OR SALE OR SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE SOFTWARE BY LICENSOR OR ON THE PART OF LICENSOR'S EMPLOYEES, AGENTS OR SUB-CONTRACTORS;

6.3.2ANY BREACH BY LICENSOR OF ANY OF THE EXPRESS OR IMPLIED TERMS OF THIS LICENSE;

6.3.4ANY STATEMENT MADE OR NOT MADE, OR ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF OF LICENSOR.

SAMSUNG BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY,