licenses/SAMSUNG-ELECTRONICS-software

SAMSUNG-ELECTRONICS-software (text/plain), 10.70 KB, created by Nathan Phillip Brink (binki) (RETIRED) on 2010-12-07 03:16:41 UTC

   END-USER LICENSE AGREEMENT FOR SAMSUNG ELECTRONICS SOFTWARE PRODUCT

   IMPORTANT-READ CAREFULLY: This Samsung Electronics End-User License
   Agreement ("EULA") is a legal agreement between you (either an individual
   or a single entity) and Samsung Electronics Co., Ltd. ("SAMSUNG
   ELECTRONICS") with respect to the SAMSUNG ELECTRONICS software product
   intended to be used with the SAMSUNG devices. The SAMSUNG ELECTRONICS
   software product may include associated software components, media,
   printed materials and "online" or electronic documentation developed and
   provided by SAMSUNG ELECTRONICS ("SOFTWARE PRODUCT"). For all other third
   party software products which may be supplied with or for the SAMSUNG
   devices, your use of such software products shall be subject to separate
   terms of use and end user license agreements of such third parties. By
   installing, copying, downloading or using the SOFTWARE PRODUCT, you agree
   to be bound by the terms of this EULA. If you do not agree to the terms of
   this EULA, you may not install or use the SOFTWARE PRODUCT.

    1. GRANT OF LICENSE.

       The SOFTWARE PRODUCT is licensed, not sold. Subject to the condition
       that you are in compliance with the terms of this EULA, SAMSUNG
       ELECTRONICS grants you the following licenses: (a) you may install and
       use one copy of the SOFTWARE PRODUCT, or any prior version for the
       same operating system, on a single computer for use by a single
       simultaneous operator; and (b) you may install a single copy of the
       SOFTWARE PRODUCT, strictly for your own personal use, on one portable
       computer owned by you. No other use, copying or distribution of the
       SOFTWARE PRODUCT is permitted. Your use of the SOFTWARE PRODUCT shall
       be subject to restrictions and limitations as specified in this EULA.
       You cannot modify the SOFTWARE PRODUCT or disable any licensing or
       control features of the SOFTWARE PRODUCT directly. If the SOFTWARE
       PRODUCT is licensed for concurrent use, you may not allow more than
       the maximum number of authorized Samsung devices and users to use the
       SOFTWARE PRODUCT concurrently. If you are installing this copy of the
       SOFTWARE PRODUCT as an upgrade, update, patch or enhancement of a
       prior release of the same SOFTWARE PRODUCT which was installed on the
       same computer, your rights under the prior license agreement for the
       SOFTWARE PRODUCT are terminated, and all of your use of the SOFTWARE
       PRODUCT (including its prior versions) are solely under the terms of
       this license agreement.

    2. RESTRICTIONS AND LIMITATIONS ON USE OF THE SOFTWARE PRODUCT.

       Prohibition of alteration: Except to the extent such a restriction is
       unenforceable under local law, you may not reverse engineer,
       decompile, or disassemble the SOFTWARE PRODUCT. The SOFTWARE PRODUCT
       is licensed as a single product, and its component parts may not be
       separated for use on more than one computer. Except to the extent such
       a restriction is unenforceable under local law, you may not modify,
       amend, or create derivative works of the SOFTWARE PRODUCT.

       Rental: Except to the extent such a restriction is unenforceable under
       local law, you may not lease, lend or rent the SOFTWARE PRODUCT to
       anyone.

    3. COPYRIGHT.

       The SOFTWARE PRODUCT is protected by copyright laws and international
       copyright treaties, as well as other intellectual property laws and
       treaties that are relevant to your use of the SOFTWARE PRODUCT. All
       title and copyrights in and to the SOFTWARE PRODUCT (including but not
       limited to any images, photographs, animations, video, audio, music,
       text, and "applets" incorporated into the SOFTWARE PRODUCT) are owned
       by SAMSUNG ELECTRONICS.

       Marking and maintenance of copyright: You may not remove or change the
       marking of the copyright from the SOFTWARE PRODUCT and all of its
       copies.

       Intellectual property rights: All titles and copyrights in and of the
       SOFTWARE PRODUCT and any copies of the SOFTWARE PRODUCT are owned by
       SAMSUNG ELECTRONICS or its suppliers. All title and intellectual
       property rights in and of the content which may be accessed through
       use of the SOFTWARE PRODUCT is the property of the respective content
       owners and may be protected by the applicable copyright or other
       intellectual property laws and treaties. Without SAMSUNG ELECTRONICS'
       prior consent, the act of arbitrarily reproducing, copying or
       distributing this product and relevant print materials, shall be
       material breach of this EULA, and violation of the relevant copyright
       laws. In case of any violation or breach of terms of this EULA,
       SAMSUNG ELECTRONICS may hold you directly liable for compensation.

       Third party works: To the extent that any third party's intellectual
       property is incorporated within the SOFTWARE PRODUCT, you agree that
       such third party is a third-party beneficiary of the terms of this
       EULA to the extent of the third party's license to SAMSUNG
       ELECTRONICS.

    4. TRANSFER

       To the extend permitted by the laws of your permanent residence, you
       may transfer this license and your original and any permitted backup
       copy of the SOFTWARE PRODUCT to another authorized person or legal
       entity, provided: (1) the other person/legal entity receives a copy of
       this Agreement or other applicable Samsung Software License Agreement
       and agrees to be bound by its terms and conditions; (2) you erase or
       destroy all copies of the SOFTWARE PRODUCT; and (3) you at all times
       comply with all applicable export control laws and regulations.

    5. WARRANTIES AND SUPPORT

       Support: SAMSUNG ELECTRONICS may provide you with product support
       related to the SOFTWARE PRODUCT. You may use and receive the support
       in accordance with the user guide, "online" documentation or the
       SAMSUNG ELECTRONICS' policies and programs stipulated in the materials
       provided by SAMSUNG ELECTRONICS. Any third party software that is
       provided to you as part of the SAMSUNG devices shall be subject to
       terms and conditions of the third party, and support for such third
       party software products shall be subject to the support for such third
       party software made available and provided by the third party. SAMSUNG
       ELECTRONICS does not have any support obligations for such third party
       software products.

       Limited warranty: THE SOFTWARE PRODUCT IS PROVIDED TO YOU "AS IS."
       SAMSUNG DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR OR BUG
       FREE, OR PERFORM OR FUNCTION AS INTENDED. IN THE EVENT THAT THE
       SOFTWARE PRODUCT IS FOUND TO BE DEFECTIVE, YOU MAY BE AFFORDED WITH
       THE THEN AVAILABLE PRODUCT SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY
       APPLICABLE LAW, SAMSUNG AND ITS SUPPLIERS DISCLAIM ALL OTHER
       WARRANTIES AND CONDITIONS WITH REGARD TO OR ARISING OUT OF THE
       SOFTWARE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
       LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
       PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR ACCURACY OF INFORMATION.
       Some JURISDICTIONS, COUNTRIES OR states do not allow the exclusion or
       limitation of CERTAIN WARRANTIES, so the above limitation or exclusion
       OF WARRANTIES may not apply to you ONLY TO THE EXTENT SUCH APPLICATION
       IS CONTRARY TO THE LAWS OF RELEVANT JURISDICTIONS, COUNTRIES OR
       states.

       Support information: With respect to information that you provide to
       SAMSUNG ELECTRONICS as part of the support, SAMSUNG ELECTRONICS may
       use it with a view to supporting and developing its products, and all
       other use of such information shall be subject to SAMSUNG ELECTRONICS'
       then privacy policy.

    6. CONCESSION

       By installing and using the SOFTWARE PRODUCT, it is conceded that you
       have read and understand the agreement, and agree to all of its terms
       and conditions. The agreement takes precedence over any other
       agreements concluded between you and SAMSUNG ELECTRONICS.

    7. CONSENT TO USE OF DATA

       SAMSUNG ELECTRONICS may collect and use technical information you
       provide in relation to your installation and use of the SOFTWARE
       PRODUCT or the provision of support services related to the SOFTWARE
       PRODUCT. All such information will be subject to SAMSUNG ELECTRONICS'
       privacy policy.

    8. TERMINATION

       Without prejudice to any other rights, SAMSUNG ELECTRONICS may
       terminate this EULA or your rights under this EULA at any time if you
       fail to comply with the terms and conditions of this EULA. Upon
       termination of your rights under this EULA for any reason, or upon
       termination of the EULA itself, you must destroy all copies of the
       SOFTWARE PRODUCT and all of its component parts in your possession
       (including all component parts, the media and printed materials, any
       prior versions, and this EULA). The terms of this paragraph shall
       survive any termination of this EULA.

    9. LIMITATION OF LIABILITY

       You are solely and entirely liable for the performance or results you
       may obtain by using the SOFTWARE PRODUCT and SAMSUNG ELECTRONICS shall
       not be liable for losses arising from your use of the SOFTWARE PRODUCT
       and for any losses arising from your inability to use the SOFTWARE
       PRODUCT.

       TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
       SAMSUNG OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
       INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
       LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
       INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
       LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
       PRODUCT, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
       DAMAGES. IN ANY CASE, SAMSUNG'S ENTIRE LIABILITY UNDER ANY PROVISION
       OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
       PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00. Some JURISDICTIONS,
       COUNTRIES OR states do not allow the exclusion or limitation of
       incidental or consequential damages, so the above limitation or
       exclusion may not apply to you ONLY TO THE EXTENT SUCH APPLICATION IS
       CONTRARY TO THE LAWS OF RELEVANT JURISDICTIONS, COUNTRIES OR states.

   10. Others

       If you have any questions regarding this agreement and other products,
       please contact SAMSUNG ELECTRONICS.