Samsung SPH-D710 User Manual page 149

5. UPGRADES. This EULA applies to updates,
supplements and add-on components (if any) of
the Software that Samsung Electronics Co. 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 Electronics Co.
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 Electronics Co. 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.
9. Disclaimer of Warranty. ALL SOFTWARE
PROVIDED BY SAMSUNG ELECTRONICS CO.
WITH THIS MOBILE DEVICE IS PROVIDED "AS IS"
AND ON AN "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND FROM SAMSUNG
ELECTRONICS CO., EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT POSSIBLE
PURSUANT TO APPLICABLE LAW, SAMSUNG
ELECTRONICS CO. 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
Warranty Information 145