Galaxy Book Management Solutions for Enterprise Terms of Use

1. Agreement between Samsung and the User

  • 1.1. In this document:

    (1) “We”, “us”, or “Samsung” means Samsung Electronics Co., Ltd, whose principal place of business is at 129 Samsung-ro Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; and

    (2) “Service” means services provided by us or any third party designated by us under this website at https://pcmanagement.biz.samsung.com.

  • 1.2. Your use of the Services is subject to the terms and conditions set out below and any other terms and conditions applicable to you from time to time, all other documents referred to in this document (all such terms and conditions collectively constituting the “Terms of Use”).

  • 1.3. You should read the Terms of Use carefully. The Terms of Use is a legally binding agreement between Samsung and you in relation to the Services and your use of the Services.

2. Acceptance of Terms of Use

  • 2.1. You must accept the Terms of Use in order to use the Services, and may not use the Services otherwise. If you use the Services, it will be deemed that you accepting to all the Terms of Use. It is important for you to read and understand the Terms of Use before using the Services and accepting Terms of Use. You should not use this Service if you do not understand or agree to. Once you accept the Terms of Use, you will be bound by them.

3. The Services

  • 3.1. The Services are provided to you by Samsung and in some cases, by Samsung’s subsidiaries and affiliated legal entities worldwide (together, the “Samsung Affiliates”) on behalf of Samsung. You acknowledge and agree that the Samsung Affiliates are each entitled to provide the Services to you under the Terms of Use.

  • 3.2. You acknowledge and agree that there may be non-material changes to the form and nature of the Services provided from time to time without prior notice to you.

  • 3.3. You acknowledge and agree that Samsung may (in its sole discretion) suspend or cease providing the Services (or any part of the Services).

  • 3.4. You acknowledge and agree that Samsung may, on a commercially reasonable ground, disable the Services, or you may be prevented from accessing the Services.

  • 3.5. You acknowledge and agree that Samsung may, at any time and in its sole discretion, set a limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of the Services (or any part of them). Without limiting Samsung’s rights under Clause 3.3 and Clause 3.4, Samsung may suspend your access to the Services if you exceed any such limit set from time to time.

  • 3.6. You may stop using the Services at any time without prior notice to Samsung.

4. Using the Services

  • 4.1. You agree to use the Services as being permitted by (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

  • 4.2. You must not access (or attempt to access) any of the Services other than through the interface for the Services made available by Samsung.

  • 4.3. You must comply with all instructions made available to you in connection with the Services.

  • 4.4. Certain Services may automatically download and install updates from time to time from Samsung. Such updates may be in various forms, including bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permits Samsung to deliver such updates to you) as part of the Services.

  • 4.5. You must not engage in any activity that causes interference with or disruption to the Services or any servers or networks that are connected to the Services.

  • 4.6. You must not reproduce, duplicate, copy, sell, trade or resell the Services (or any part of them).

  • 4.7. To the extent permitted by law, you are solely responsible for any breach of your obligations under the Terms of Use and for the consequences of any such breach, including any loss or damage which Samsung or any third party may suffer. Samsung will have no responsibility to you or to any third party in respect of such breach.

5. Content rights

  • 5.1. You acknowledge that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) (“Content”) is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.

  • 5.2. You acknowledge and agree that the Content may be protected by proprietary or intellectual property rights of third parties. You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part).

  • 5.3. Samsung may (but is not obliged to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services.

  • 5.4. You acknowledge that you use the Services understanding the risk that you may find some Content to be offensive, indecent or objectionable.

6. Samsung’s proprietary rights

  • 6.1. You acknowledge and agree that Samsung (or Samsung’s licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Services.

  • 6.2. You acknowledge that the Service may contain information which is confidential to Samsung and agree not disclose such information without Samsung’s prior written consent.

  • 6.3. Nothing in the Terms of Use gives you any right to use any of Samsung’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. To the extent that you are entitled to such use under a separate written agreement with Samsung, such use must be in compliance with that agreement, any applicable provisions of the Terms of Use, and Samsung’s brand feature use guidelines as updated from time to time.

  • 6.4. You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which are affixed to or contained within the Services.

  • 6.5. You must not use any trade mark, service mark, trade name, logo of any person in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

7. Samsung Services license

  • 7.1. Unless set forth otherwise in other specific terms related to Services, Samsung grants to you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services as provided by Samsung (“License”). The License is granted for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Samsung, in the manner permitted by the Terms of Use. You may not allow any other person to use the Services and may not use the Services to provide services to any other person.

  • 7.2. You may not (and may not permit any other person to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services (or any part of it), unless this is expressly permitted or required by law, or expressly permitted by Samsung in writing.

  • 7.3. You may not assign, grant a sub-license of, or grant a security interest in or over, the License or any rights under it, loan or lease the Services, or otherwise transfer the License or any rights under it, to any person.

  • 7.4. Except for your limited right to use the Services under the License, Samsung retains all rights in and to the Services.

8. Third Party Content

  • 8.1. The Services may include links to other websites, content and resources. Samsung may have no control over such websites, content or resources which are provided by third parties (“Third Party Content”).

  • 8.2. You acknowledge and agree that Samsung is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or available via Third Party Content.

  • 8.3. You acknowledge and agree that Samsung is not liable for any loss or damage that may be incurred by you as a result of the availability of any Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of Third Party Content, including any advertising, products or other materials on or available via Third Party Content.

9. Changes to the Terms of Use

  • 9.1. Samsung may make changes to the Terms of Use from time to time for security, commercial or legal reasons. When such changes are made, notice of the changes will be posted on this website as applicable. You can also find such changes on the Terms of Use available at https://pcmanagement.biz.samsung.com/legal. You may end this Terms of Use at any time if you do not agree to the amended Terms of Use.

10. Termination of the Terms of Use

  • 10.1. The Terms of Use will remain in force until terminated by either you or Samsung in accordance with this Clause.

  • 10.2. You may terminate this Terms of Use at any time by ceasing to use all parts of the Services.

  • 10.3. Samsung may terminate this Terms of Use at any time:

    (1) immediately if you have breached any provision of the Terms of Use (or have acted in manner which clearly indicates that you do not intend to, or are not able to comply with the provisions of the Terms of Use);

    (2) immediately if Samsung is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

    (3) if the partner with whom Samsung offered the Services to you has terminated its relationship with Samsung or ceased to offer the Services to you; or

    (4) if the provision of the Services to you by Samsung ceases to be commercially viable (in Samsung’s sole opinion).

  • 10.4. Upon termination of the Terms of Use, all of the legal rights, obligations and liabilities that you and Samsung have benefited from, been subject to, or which have accrued during the term of the Terms of Use or are expressed to continue indefinitely, will be unaffected by such termination.

11. EXCLUSION OF WARRANTIES

  • 11.1. NOTHING IN THESE TERMS, INCLUDING THIS CLAUSE AND CLAUSE 12, EXCLUDES OR LIMITS SAMSUNG’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN YOUR JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO YOU AND SAMSUNG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • 11.2. SAMSUNG WILL USE COMMERCIALLY REASONABLE EFFORT TO ENSURE THAT THE SERVICES ARE AVAILABLE TO YOU WITHOUT UNDUE DISRUPTION, INTERRUPTION OR DELAY. IF THERE IS A DISRUPTION, INTERRUPTION OR DELAY, SAMSUNG WILL USE COMMERCIALLY REASONABLE ENDEAVOURS TO ENSURE THAT IT IS KEPT TO A MINIMUM.

  • 11.3. IN PARTICULAR, SAMSUNG, THE SAMSUNG AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

    (1) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

    (2) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR

    (3) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

  • 11.4. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  • 11.5. NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS OF USE.

12. Limitation of Liability

  • 12.1. Nothing in these terms shall exclude or limit Samsung’s liability or limit Samsung’s liability for (i) death or personal injury; (ii) fraud, or (iii) anything which cannot be limited or excluded by applicable law.

  • 12.2. Subject to paragraph 12.1 above, Samsung shall not be liable to you, whether in contract, tort (including negligence) or any theory of liability, and whether or not the possibility of such damage or losses has been notified to Samsung, for:

    (1) any indirect, incidental, special or consequential damages; or

    (2) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation or (whether direct or indirect); or

    (3) any damage to or corruption of data (whether direct or indirect); or

    (4) any loss or damage as a result of any changes to the Services, or any permanent or temporary cessation in the provision of the Services (or any part of them).

13. General

  • 13.1. Samsung intends to rely upon only the written terms set out in the Terms of Use and not any representations made elsewhere, directly to you by any of our employees. You must read the Terms of Use carefully and should contact Samsung and must not use the Services if the terms include things that you do not wish to agree to. In that way any confusion about what you and Samsung are expected to do can be avoided.

  • 13.2. You agree that Samsung may provide you with notices (including notices relating to changes to the Terms of Use) by postings on or via the Services and/or on https://pcmanagement.biz.samsung.com.

  • 13.3. You agree that if Samsung does not exercise or enforce any legal right or remedy which is set out in the Terms of Use, or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung’s rights or remedies and that such rights or remedies remain available to Samsung.

  • 13.4. If any provision of this Terms of Use is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the Terms of Use without affecting the remaining provisions of the Terms of Use, which will continue to be valid and enforceable.

  • 13.5. You acknowledge and agree that each Samsung affiliated company shall be a third party beneficiary to the Terms of Use and shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to the Terms of Use. For the purposes of the Terms of Use, an affiliated company of Samsung is any company, corporation, firm, partnership or other entity that is controlled by Samsung or is under common control with Samsung; the term “controls” and “controlled” meaning the ability to direct the management of the relevant entity.

  • 13.6. You may not transfer, assign, charge or otherwise dispose of the Terms of Use which is personal to you, or any of your rights or obligations arising under it, without our prior written consent. We will not refuse to give consent without good reason.

  • 13.7. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Terms of Use that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Terms of Use is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms of Use may be performed despite the Force Majeure Event.

  • 13.8. The Terms of Use and your relationship with Samsung under the Terms of Use shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Korea to resolve any legal matter arising in relation to the Terms of Use. Notwithstanding the foregoing, you agree that Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

End-User Software License Agreement: SAMSUNG ELECTRONICS Co., Ltd. Software Product

Please read this License Agreement carefully, as it contains important information.

THIS END-USER SOFTWARE LICENSE AGREEMENT (REFERRED TO AS “LICENSE AGREEMENT” HEREAFTER) IS A LEGAL AGREEMENT BETWEEN THE LAWFUL LICENSEE (“YOU”, INDIVIDUAL OR SINGLE ENTITY) OF THE SAMSUNG ELECTRONICS SOFTWARE PRODUCTS, AND SAMSUNG ELECTRONICS CO., LTD. (REFERRED TO AS “SAMSUNG ELECTRONICS” HEREAFTER). SAMSUNG ELECTRONICS SOFTWARE MAY INCLUDE RELATED SOFTWARE COMPONENTS, MEDIA, PRINTED ITEMS, ONLINE OR ELECTRONIC DOCUMENTS (REFERRED TO AS “SOFTWARE PRODUCTS" HEREAFTER) AND UPDATES OR UPGRADES FOR ALL OF THEM.

By downloading, installing or using any Software Product provided by Samsung Electronics through this website, You agree to be bound by the terms of this License Agreement. If You do not agree to the terms of this License Agreement, then You may not use the Software Product.

Samsung may modify this License Agreement from time to time. Samsung will notify You of such changes in advance by postings on this website and/or by a notification when You open the Software Product following such a modification. If You do not object to such changes within the period Samsung has provided for in the notification, or if You continue to access or use the Software Product following receipt of the notification, then Samsung will assume that You agree with the modifications. If You do not agree with the modification, then this License Agreement will be terminated following the end of the notice period provided, and you will no longer be able to use the Software Product.

If You are installing the Software Product on a device that is not owned by You, You are bound to the terms of this License Agreement both in Your individual capacity and as an agent of the owner of the device, and Your actions will bind the owner of the device. You represent and warrant to Samsung Electronics that You have the capacity and authority to enter into this Agreement on Your own behalf as well as on behalf of the owner of the device the Software Product is being installed upon. For the purposes of this License Agreement, the “owner” of a device is the individual or entity that has legal title to the device or that has the possessory interest in the device if it is leased or loaned by the actual title owner.

1. Software Product License

The Software Product is protected by copyright laws, computer program copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, and the ownership rights of the product are not transferred to You. Any right not otherwise expressly granted to you under this License agreement shall vest in Samsung.

2. Granting of License

Samsung Electronics grants You a software license subject to the following terms and conditions:

  • Parental Responsibility

    If You are a parent or guardian permitting a child under the age of 18 (a “Minor”) to use the Software Product, then You agree to (i) enter this License Agreement on their behalf; (ii) supervise the Minor’s use of the Software Product; (iii) assume all risks associated with the Minor’s use of the Software Product; (iv) assume any liability resulting from the Minor’s use of the Software Product; and (v) assume responsibility and are bound by this EULA for the Minor’s access and use of the Software Product.

    You shall also be deemed to consent to the processing of their personal data as set out in the Privacy Notice attached to this License Agreement.

    By accepting the terms of this License Agreement, You warrant to Samsung that You are not Yourself a Minor.

  • Installation and Use

    Samsung Electronics grants You a non-exclusive, non-sub-licensable, limited license to install and use one copy of the Software Product on a single device, running an operating system that was acquired in a lawful and legitimate manner, subject to the terms and conditions of this License Agreement. To the extent permitted under applicable laws, any other use, reproduction, modification or distribution of the Software Product is not permitted, and the Software Product may not be rented or be used for commercial purposes. If You are installing this copy of the Software Product as an upgrade or update of a prior release of the same Software Product that was installed on the same device, Your rights under the prior license agreement for the Software Product are superseded, and Your use of the Software Product (including its prior versions) will from now on be solely governed by the terms of this License Agreement.

  • Automatic Updates

    The Software Product which You use may automatically download and install updates from the Samsung Electronics update server. These updates are designed to improve, enhance and further develop The Software Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Samsung update program to deliver these to You) as part of Your use of the Software Product. The License Agreement shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement. Samsung will not be obligated under this License Agreement to provide any update, upgrade and/or additional features to the Software Product.

  • Backup Copy

    You may make copies of the Software Product solely for personal backup or archival purposes, provided that You comply with the terms and conditions of this License Agreement. Otherwise, You may not make additional copies of the Software Product.

  • Storage/Network Use

    You may also store or install a copy of the Software Product on a storage device, such as a network server, for the purpose of Using the Software Product on Your device only over an internal network. However, You must acquire and dedicate a license for each separate device on which the Software Product is used from the storage device. A license for the Software Product may not be shared or used concurrently on different devices.

  • Copyright

    The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Samsung Electronics reserves all rights over the Software Product. You acknowledge that the Software Product is proprietary to Samsung, and is protected under applicable copyright, trade mark, trade secret, patent and other intellectual property laws (“IP Laws”). You further acknowledge and agree that, as between You and Samsung, Samsung owns and shall continue to own all right, title and interest in and to the Software Product, including associated intellectual property rights under applicable IP laws. This License Agreement does not grant You any ownership interest in or to the Software Product, but only a limited right of use that is revocable in accordance with the terms of this License Agreement.

3. Rights and Restrictions

  • Not For Resale

    You may not distribute, resell, dispose of, or transfer the Software Product.

  • Limitations on Reverse-Engineering, De-compilation and Disassembly

    You acknowledge that the Software Product in source code form remains a confidential trade secret of Samsung Electronics and therefore You agree not to, directly or through a third party, reverse-engineer, decompile or disassemble the Software Product, or make any attempt to discover the source code of the Software Product, except and only to the extent that such activity is expressly permitted by applicable laws notwithstanding this limitation.

  • Limitations on the Separation of Components

    The Software Product is licensed as a single product and its component parts may not be separated for Use on more than one device.

  • Transfer of Software Product

    You may transfer all Your rights under this License Agreement on a permanent basis only, provided the recipient agrees to all the terms and conditions of this License Agreement. The License Agreement may not be transferred on consignment or any other indirect transfer. Following the transfer of the License Agreement, the recipient must agree to be bound by all the terms and conditions of this License Agreement.

  • Export Restrictions

    You acknowledge that the Software Product is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Software Product, including all the applicable export restriction laws and regulations.

  • Support Services

    Samsung Electronics may provide You with technical support services related to the Software Product (“Support Services”). Use of Support Services is governed by the Samsung Electronics policies and programs described in the user manual, in the online or electronic documentation, and/or in other Samsung Electronics-provided materials. Any supplemental software code provided to You as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this License Agreement. With respect to any technical information You provide to Samsung Electronics as part of the Support Services, you agree that Samsung Electronics may use such information for its business purposes, including product support and development. Samsung Electronics will not utilise such technical information in a manner that personally identifies You.

  • Observation of Laws

    You must observe all laws that apply to the use of the Software Product.

4. Termination

This License Agreement is effective upon You accessing the Software Product and has no predetermined termination date and may continue until such time as either Samsung or You terminate this License Agreement by notice to the respective other party or if it is otherwise terminated consistent with the terms herein.

If You fail to comply with any of the provisions of this License Agreement, Samsung, at its sole discretion and without notice to You, may discontinue Your access to the Software Product and terminate this License Agreement, without limiting Samsung’s other rights and remedies, all of which are expressly reserved. Upon termination or revocation of the License Agreement itself, You must destroy all copies of the Software Product and all of its component parts in Your possession (including the media and printed materials, any prior versions, and this License Agreement). The terms of this paragraph shall survive any termination of this License Agreement.

Samsung reserves the right to modify, suspend or discontinue the Software Product in whole or in part, at any time, if the continued support of the Software Product in its current form is no longer possible. Samsung will provide You with reasonable notice of the modification, suspension or discontinuation, unless it is urgently required, in which case Samsung will notify You at the same time as the modification, suspension or discontinuation. To the maximum extent permitted by law, Samsung will not be liable to You or to any third party if it exercises such rights.

Copyright and ownership of the Software Product and all copies are reserved by Samsung Electronics or its suppliers. Copyright and ownership of all contents You may encounter while using the Software Product are reserved by the corresponding owner(s) and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License Agreement does not license the use of such content.

6. Trademarks

This License Agreement does not license any rights to You related to trademarks or service trademarks of Samsung Electronics. You cannot remove or modify any trademarks, trade names, product names, logos, copyrights or copyright notices, marks, symbols and labels included in the Software Product. This License Agreement does not license You any rights to use the names or trademarks of Samsung Electronics. Although trademarks may be allowed for printed matters produced by the Software Product, this allowance does not license the ownership of the trademarks. As describe above, this License Agreement does not give You copyright of the Software Product.

7. Disclaimer of Warranty, Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE PRODUCT, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOU WILL USE THE SOFTWARE PRODUCT AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING DISCLAIMERS, SAMSUNG DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT:

(A) THE USE OF THE SOFTWARE PRODUCT WILL NOT CAUSE ANY DAMAGE, INCLUDING DATA LOSS, TO YOUR COMPUTER OR DEVICES, OR TO ANY SERVICES OR SOFTWARE USED BY YOUR COMPUTER OR DEVICES, OR TO ANY APPLICATIONS AND CONTENT THAT RESIDE ON YOUR COMPUTER OR DEVICES; OR

(B) THE SOFTWARE PRODUCT WILL (I) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, (II) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, OR (III) WILL BE IMMUNE (INCLUDING CONTENT YOU TRANSFER) FROM UNAUTHORIZED ACCESS.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAMSUNG ELECTRONICS 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 ELECTRONICS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS License Agreement SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00.

8. GENERAL

This License Agreement constitutes the entire agreement between You and Samsung Electronics concerning the Software Product. No terms of any purchase order, acceptance, purported amendment, or any document or communication other than an agreement expressly agreed upon in writing by a duly authorised officer of Samsung Electronics shall replace, modify, amend or override this License Agreement.

If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

No waiver by Samsung Electronics of any breach of any term or provision of this License Agreement shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof. Our various rights and remedies hereunder shall be construed to be cumulative and no one of them is exclusive of any other or of any right or remedy allowed by law.

This License Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, except to the extent that the law of the jurisdiction in which You reside requires that certain of that jurisdiction’s legal provisions, for example consumer law protections, must apply to consumer contracts, and shall benefit Samsung Electronics, its successors and assigns.

The following term applies if you are using the Software Product for business or professional purposes.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, ANY CLAIM OR DISPUTE BETWEEN YOU AND SAMSUNG ELECTRONICS OR AGAINST ANY AGENT, EMPLOYEE, SUCCESSOR OR ASSIGNEE OF SAMSUNG, WHETHER RELATED TO THIS LICENSE AGREEMENT OR OTHERWISE, AND ANY CLAIM OR DISPUTE RELATED TO THIS LICENSE AGREEMENT OR THE RELATIONSHIP OR DUTIES CONTEMPLATED UNDER THIS LICENSE AGREEMENT, INCLUDING THE VALIDITY OF THIS ARBITRATION CLAUSE, SHALL, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, BE RESOLVED BY BINDING ARBITRATION BY THREE PANEL ARBITRATION TO BE HELD IN SEOUL, KOREA UNDER ICC RULES THEN IN EFFECT.

Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Notwithstanding the foregoing, Samsung may assert claims for injunctive relief in any competent court of law.

The following term applies if you are using the Software Product as a consumer.

Any claim or dispute between You and Samsung Electronics or against any agent, employee, successor or assignee of Samsung, whether related to this License Agreement or otherwise, and any claim or dispute related to this License Agreement shall be dealt with by the courts of the jurisdiction where you are resident.

Alternatively, You are entitled to turn to alternative dispute resolution entities for dispute resolution, such as Online Dispute Resolution (ODR) Platform (available at https://ec.europa.eu/odr) or to the local dispute resolution panel operating in Your jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License Agreement.

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