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Konsole1:
<U+FEFF>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 pr
oduct 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Konsole2:
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.
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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.
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