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Warranty Information 94
5. UPGRADES. This EULA applies to updates,
supplements and add-on components (if any) of the
Software that Samsung may provide to you or make
available to you after the date you obtain your initial
copy of the Software, unless we provide other terms
along with such upgrade. To use Software identified
as an upgrade, you must first be licensed for the
Software identified by Samsung as eligible for the
upgrade. After upgrading, you may no longer use the
Software that formed the basis for your upgrade
eligibility.
6. SOFTWARE TRANSFER. You may not transfer this
EULA or the rights to the Software granted herein to
any third party unless it is in connection with the sale
of the mobile device which the Software
accompanied. In such event, the transfer must
include all of the Software (including all component
parts, the media and printed materials, any
upgrades, this EULA) and you may not retain any
copies of the Software. The transfer may not be an
indirect transfer, such as a consignment. Prior to the
transfer, the end user receiving the Software must
agree to all the EULA terms.
7. EXPORT RESTRICTIONS. You acknowledge that the
Software is subject to export restrictions of various
countries. You agree to comply with all applicable
international and national laws that apply to the
Software, including the U.S. Export Administration
Regulations, as well as end user, end use, and
destination restrictions issued by U.S. and other
governments.
8. TERMINATION. This EULA is effective until
terminated. Your rights under this License will
terminate automatically without notice from
Samsung if you fail to comply with any of the terms
and conditions of this EULA. Upon termination of this
EULA, you shall cease all use of the Software and
destroy all copies, full or partial, of the Software.
9. DISCLAIMER OF WARRANTIES. You expressly
acknowledge and agree that use of the Software is at
your sole risk and that the entire risk as to
satisfactory quality, performance, accuracy and effort
is with you. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED
"AS IS" AND WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND SAMSUNG AND ITS
LICENSORS (COLLECTIVELY REFERRED TO AS
"SAMSUNG" FOR THE PURPOSES OF SECTIONS 9, 10
and 11) HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE SOFTWARE,
EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY OR
WORKMANLIKE EFFORT, OF FITNESS FOR A
PARTICULAR PURPOSE, OF RELIABILITY OR
AVAILABILITY, OF ACCURACY, OF LACK OF VIRUSES,
OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. SAMSUNG DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE, THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR
Common Cents M340.book Page 94 Thursday, April 1, 2010 12:36 PM