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.

5. Copyright

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.