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consisting of "commercial software" and
"commercial software documentation" with
only those rights as are granted to all other
end users pursuant to the terms and
conditions herein. All Products are provided
only with "restricted rights" with only those
rights as are granted to all other end users
pursuant to the terms and conditions herein.
All Software and Products are provided
subject to Federal Acquisition Regulation
(FAR) 52.227.19.
14. APPLICABLE LAW. This EULA is governed
by the laws of TEXAS, without regard to
conflicts of laws principles. This EULA shall
not be governed by the UN Convention on
Contracts for the International Sale of Goods,
the application of which is expressly
excluded.
15. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute,
controversy or difference is not amicably
settled, it shall be finally resolved by
arbitration in Seoul, Korea in accordance with
the Arbitration Rules of the Korean
Commercial Arbitration Board. The award of
arbitration shall be final and binding upon the
parties.
(b) United States residents. ALL DISPUTES
WITH SAMSUNG ELECTRONICS CO. ARISING
IN ANY WAY FROM THIS EULA OR YOUR USE
OF THE SOFTWARE SHALL BE RESOLVED
EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR
JURY. Any such dispute shall not be
combined or consolidated with any other
person's or entity's claim or dispute, and
specifically, without limitation of the
foregoing, shall not under any circumstances
proceed as part of a class action. The
arbitration shall be conducted before a single
arbitrator, whose award may not exceed, in
form or amount, the relief allowed by the
applicable law. The arbitration shall be
conducted according to the American
Arbitration Association (AAA) Commercial
Arbitration Rules applicable to consumer
disputes. This arbitration provision is entered
pursuant to the Federal Arbitration Act. The
laws of the State of Texas, without reference
to its choice of laws principles, shall govern
the interpretation of the EULA and all disputes
that are subject to this arbitration provision.
The arbitrator shall decide all issues of
interpretation and application of this
arbitration provision and the EULA. For any
arbitration in which your total damage claims,
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