Samsung TRACFONE GALAXY STARDUST Service Manual page 27

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extent that such activity is expressly permitted by applicable law not withstanding this limitation), or
modify, or disable any features of, the Software, or create derivative works based on the Software. You
may not rent, lease, lend, sublicense or provide commercial hosting services with the Software.
4. CONSENT TO USE OF DATA. You agree that Samsung and its affiliates may collect and use technical
information gathered as part of the product support services related to the Software provided to you, if
any, such as IMEI (your device's unique identification number), device number, model name, customer
code, access recording, your device's current SW version, MCC (Mobile Country Code), MNC (Mobile
Network Code). Samsung and its affiliates may use this information solely to improve their products or
to provide customized services or technologies to you and will not disclose this information in a form
that personally identifies you. At all times your information will be treated in accordance with Samsung's
Privacy Policy, which can be viewed at: http://account.samsung.com/membership/pp.
5. SOFTWARE UPDATES. Samsung may provide to you or make available to you updates, upgrades,
supplements and add-on components (if any) of the Software, including bug fixes, service upgrades
(parts or whole), products or devices, and updates and enhancements to any software previously
installed (including entirely new versions), (collectively "Update") after the date you obtain your initial
copy of the Software to improve the Software and ultimately enhance your user experience with your
device. This EULA applies to all and any component of the Update 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 Update. To use Software provided through Update, you must first be licensed for
the Software identified by Samsung as eligible for the Update. After the Update, you may no longer use
the Software that formed the basis for your Update eligibility. The updated Software version may add
new functions and, in some limited cases, may delete existing functions.
While the Update will be generally available, in some limited circumstances, the Software updates will
only be offered by your network carrier, and such Software updates will be governed by your contractual
relationship with your network carrier.
With the "Automatic Update" function enabled (as in the default setting in the Security menu in the
Setting), your device downloads some Updates automatically from time to time. Given the importance
of receiving Updates for security software in a timely manner to defend against new threats, such
Update may be automatically downloaded and installed. We recommend that you check availability of
any new Updates periodically for optimal use of your device. If you want to avoid any use of network
data for the Update downloads, then you should choose the "Wi-Fi Only" option in the Setting.
6. Some features of the Software may require your device to have access to the internet and may be
subject to restrictions imposed by your network or internet provider. Unless your device is connected
to the internet through Wi-Fi connection, the Software will access through your mobile network, which
may result in additional charges depending on your payment plan. In addition, your enjoyment of some
features of the Software may be affected by the suitability and performance of your device hardware or
data access.
7. 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.
8. 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 all the applicable export restriction laws and regulations.
9. 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 must cease all use of the Software and destroy all
copies, full or partial, of the Software.
10. DISCLAIMER OF WARRANTY. UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED
WARRANTY ACCOMPANYING YOUR DEVICE, ALL SOFTWARE PROVIDED BY SAMSUNG WITH
THIS MOBILE DEVICE (WHETHER INCLUDED WITH THE DEVICE, DOWNLOADED, OR OTHERWISE
OBTAINED) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE
PURSUANT TO APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE,
RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE
DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SOFTWARE,
OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.
11. THIRD‑PARTY APPLICATIONS. Certain third-party applications may be included with, or downloaded
to this mobile device. Samsung makes no representations whatsoever about any of these applications.
Since Samsung has no control over such applications, you acknowledge and agree that Samsung is
not responsible for the availability of such applications and is not responsible or liable for any content,
advertising, products, services, or other materials on or available from such applications. You expressly
acknowledge and agree that use of third-party applications is at your sole risk and that the entire risk of
unsatisfactory quality, performance, accuracy and effort is with you. It is up to you to take precautions
to ensure that whatever you select to use is free of such items as viruses, worms, Trojan horses, and
other items of a destructive nature. References on this mobile device to any names, marks, products, or
services of any third-parties are provided solely as a convenience to you, and do not constitute or imply
an endorsement, sponsorship, or recommendation of, or affiliation with the third-party or its products
and services. You agree that Samsung shall not be responsible or liable, directly or indirectly, for any
damage or loss, including but not limited to any damage to the mobile device or loss of data, caused
or alleged to be caused by, or in connection with, use of or reliance on any such third-party content,
products, or services available on or through any such application. You acknowledge and agree that the
use of any third-party application is governed by such third-party application provider's Terms of Use,
License Agreement, Privacy Policy, or other such agreement and that any information or personal data
you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject
to such third-party application provider's privacy policy, if such a policy exists. SAMSUNG DISCLAIMS
ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF
ANY THIRD-PARTY APPLICATION PROVIDER. SAMSUNG EXPRESSLY DISCLAIMS ANY WARRANTY
REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY
APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY
SUCH THIRD-PARTY APPLICATION PROVIDER.
12. SAMSUNG APPLICATIONS. Certain Samsung applications and services may be included with, or
downloaded to, this mobile device. Many of them require Samsung Services membership registration
("Samsung Account"), and your rights and obligations will be set forth in separate Samsung Account
terms and conditions and privacy policies. There are non-Samsung Account applications and services
that require your consent to their separate terms and conditions and privacy policies. You expressly
acknowledge and agree that your use of such applications and services will be subject to the applicable
terms and conditions and privacy policies.

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