Samsung-Magician-EULA

Samsung-Magician-EULA (text/plain), 5.05 KB, created by Marco Genasci on 2015-05-18 11:47:05 UTC

Samsung Magician Software Agreement on End User License (EULA)

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
SAMSUNG MAGICIAN (“SOFTWARE”) PROVIDED BY SAMSUNG ELECTRONICS CO., LTD.
(“SAMSUNG”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SAMSUNG
MAGICIAN SOFTWARE LICENSE AGREEMENT (“AGREEMENT”), DO NOT USE THE SOFTWARE.


1. LIMITED LICENSE

1.1 Samsung grants to you a nonexclusive, nontransferable and royalty-free license to use the
Software only with Samsung SSD (Solid State Drive) products. You may not modify the Software;
reverse compile, reverse engineer, disassemble or reverse assemble all or any portion of the
Software; rent, lease, license, sublicense, distribute, transfer or sell the Software; or create 
derivative works of the Software.

1.2 The Software contains software that is licensed under BSD 2.0 or is in the public domain.
------------------------------------------------
|Component              |   Licnese            |
|-----------------------------------------------
|hdparm                 |   BSD 2.0            |
|-----------------------------------------------
|Json-cpp               |   public domain      |
|-----------------------------------------------
- Below is the full license statement from hdparm.
  * BSD-Style Open Source License : You may freely use, modify, and redistribute the hdparm
    program, as either binary or source, or both. The only condition is that the name and
    copyright notice remain in the source code as-is. Mark Lord ([e-mail])
- Below is the full license statement from json-cpp.
  * The json-cpp library and this documentation are in public domain.


2. OWNERSHIP
Except as expressly licensed above, no title, ownership, or intellectual property rights of any kind,
express or implied, are transferred to you, and all right, title, and interest in and to the Software
remains with Samsung. The Software is licensed to you and not sold. You must reproduce and
include all copyright notices and any other proprietary rights notices appearing on the Software.


3. NO SUPPORT
Samsung is under no obligation to update, maintain, or provide new versions or other support for the
Software. Samsung may make changes to the Software at any time without notice to you.


4. NO WARRANTY
The Software is provided “AS IS” without warranty of any kind.
SAMSUNG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND
ANY WARRANTIES ARISING FOR ANY COURSE OF DEALING OR USAGE OF TRADE.
SAMSUNG DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
FURTHERMORE, SAMSUNG DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.


5. NO LIABILITY
IN NO EVENT SHALL SAMSUNG OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


6. TERMINATION
This Agreement is effective until terminated. This Agreement may be terminated by you at any time by
deleting the Software and discontinuing its use, or by Samsung if you fail to cure any breach of this
Agreement within sixty (60) days’ written notice of breach by Samsung. Upon termination, the
licenses granted to you shall terminate, and you shall cease all use and distribution of, and cease
exercising any and all other rights granted under this Agreement with respect to, the Software.


7. GENERAL
This Agreement constitutes the entire agreement between Samsung and you regarding the subject
matter hereof and supersedes all previous oral or written communications between the parties.


8. DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of
Korea, without regard to conflicts of laws principles. All disputes, controversies or claims between the
parties arising out of or in connection with this Agreement (including its existence, validity or
termination) which cannot be amicably settled shall be finally resolved by arbitration to be held in
Seoul, Korea in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board by
one or more arbitrators. The arbitral award shall be final and binding on the parties.


9. DISCLAIMER
Samsung is not responsible for any loss or damage to your computer, system, or application
programs, arising from the use of this application. Samsung also does not take any liability for any
kind of data loss and restoration that may occur during the installation or execution of this Software.
User of this application has to take complete responsibility.