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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 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
42
Manufacturer's Warranty

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