it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required
to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees,
whichever is less, and Samsung shall pay the remainder of such fees. Administrative, facility and
arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert
witness fees, exceed $5,000.00 (“Large Claim”) shall be determined according to AAA rules. In a Large
Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable
attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator’s award in any
court of competent jurisdiction. This arbitration provision also applies to claims against Samsung’s
employees, representatives and affiliates if any such claim arises from the licensing or use of the
Software. You may opt out of this dispute resolution procedure by providing notice to Samsung no later
than 30 calendar days from the date of the first consumer purchaser’s purchase of this device. To opt
out, you must send notice by e-mail to [email protected], with the subject line: “Arbitration
Opt Out.” You must include in the opt out e-mail (a) your name and address; (b) the date on which the
device was purchased; (c) the device model name or model number; and (d) the IMEI or MEID or Serial
Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the device
box; (ii) on the device information screen, which can be found under “Settings;” (iii) on a label on the
back of the device beneath the battery, if the battery is removable; and (iv) on the outside of the device if
the battery is not removable). Alternatively, you may opt out by calling 1-888-987-4357 no later than 30
calendar days from the date of the first consumer purchaser’s purchase of the device and providing the
same information. These are the only two forms of notice that will be effective to opt out of this dispute
resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the
device or its preloaded Software, and you will continue to enjoy the benefits of this license.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Samsung
relating to the Software and supersedes all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Software or any other subject matter covered by
this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect. [030314_v 1.8]
13. LIMITATION OF LIABILITY. SAMSUNG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY
THIRD-PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED
TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK
CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SAMSUNG
ELECTRONIC CO.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION,
INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING
OUT OF YOUR USE OF THE SOFTWARE OR THIRD-PARTY APPLICATIONS ON THIS MOBILE DEVICE,
OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER
PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD-PARTY APPLICATION THAT
WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND
DISCLAIMERS (INCLUDING SECTIONS 10, 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
14. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. The Software is licensed only with
“restricted rights” and as “commercial items” 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.
15. APPLICABLE LAW. This EULA is governed by the laws of the jurisdiction where you are a resident
or, if a resident of the United States, by the laws of the state of Texas, without regard to its conflict of law
provisions. 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.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute, controversy or difference arising in any way from this
EULA or your use of the Software is not amicably settled, it shall be subject to the non-exclusive
jurisdiction of the courts of the jurisdiction where you are a resident. Notwithstanding the foregoing,
Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any
jurisdiction.
(b) United States residents. ALL DISPUTES WITH SAMSUNG 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, exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small Claim”), the
arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as
part of any award, but may not grant Samsung its attorney fees, expert witness fees or costs unless
