28
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 ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
SAMSUNG OR A SAMSUNG AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THESE EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY TO YOU.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED
CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages
in contract or anything else), the entire liability of Samsung under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in
reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 9, 10 and 11) shall apply to
the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
12. U.S. GOVERNMENT END USERS. 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.
13. 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. 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.
14. 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.
Open Source Announcement
Some software components of this product incorporate source code covered under the below referenced open source licenses, (“Applicable Licenses”).
The source code for a work means the preferred form of the work for making modifications to it (“Source Code”). For an executable work, complete Source Code means all the Source Code for all modules
it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the Source Code distributed need
not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that
component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the Source Code from the same place counts as distribution
of the Source Code, even though third parties are not compelled to copy the Source Code along with the object code.
Acknowledgement:
The UbiCell Combo software included in this product contains copyrighted software that is licensed under the GNU General Public License (Version 2, June 1991 Copyright (C) 1989, 1991 Free Software
Foundation, Inc. 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA), the “GPL” and the GNU Lesser General Public License (Version 2.1, February 1999, Copyright (C) 1991, 1999 Free Software
Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA) the “LGPL” (collectively, the “UbiCell Open Source Software”). You may obtain the complete corresponding Source Code from
us for a period of three (3) years after our last shipment of this product by sending email to: [email protected]
If you want to obtain the complete corresponding Source Code in the physical medium such as CD-ROM, the cost of physically performing Source Code distribution may be charged to you. You may also
find a copy of the Source Code at https://opensource.samsung.com
This offer is valid to anyone in receipt of this information, subject to compliance with the terms of the Applicable License).
Below is the list of the UbiCell Open Source components covered under the Applicable Licenses.
Component
License
Component
Applicable License
Pauls PPP Package
BSD License
md5
MD5 license [Note: Not Attached]
axhttpd
BSD License
SNMP++
SNMP++ License
Das U-Boot
GPL 2.0
NcFTP Client
The Clarified Artistic License
Linux Kernel 2.6.18
GPL 2.0OuttaDebt12
libdes
Eric Young Implementation License
libtftp
LGPL 2.1