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the Software. Samsung may use this information solely to improve its
products or to provide customized services or technologies to you and will
not disclose this information in a form that personally identifies you.
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
4B. Manufacturer's Warranty
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