END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Samsung Electronics End-User License Agreement (”EULA”) is a legal agreement between you (either an individual or a single entity) and Samsung Electronics Co., Ltd.(”SAMSUNG ELECTRONICS”) with respect to the S-CAT SAMSUNG ELECTRONICS Content Authoring Tool (”SOFTWARE PRODUCT”). The (”SOFTWARE PRODUCT”) may include associated software components, media, printed materials and ”online” or electronic documentation. By installing, copying or using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by both copyright law, and computer program protection laws.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
- Software Installation and Use
SAMSUNG ELECTRONICS grants you the right to install and use the SOFTWARE PRODUCT on your single computer running under a legally acquired operation system.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Marking and Maintenance of Copyright
You may not remove or change the marking of the copyright from the SOFTWARE PRODUCT and all of its copies.
- Prohibition of Reverse Engineering, Decompilation and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by an applicable law.
- Rental
You may not lease, lend or rent the SOFTWARE PRODUCT.
- Software Product Transfer
Only in the case of the recipient agreeing to the terms of this EULA, may you permanently transfer all of your rights under this EULA.
- Product Support
SAMSUNG ELECTRONICS may provide you with product support related to the SOFTWARE PRODUCT.
The additional software that is provided to you as part of the support shall be regarded as part of this SOFTWARE PRODUCT and governed by this EULA.
With respect to technological information and private information that you provide to SAMSUNG ELECTRONICS as part of the support, SAMSUNG ELECTRONICS may use it with a view to supporting and developing its products, but shall not use them for other purposes.
- Compliance with applicable laws
You shall comply with all applicable laws in relation to the use of the SOFTWARE PRODUCT.
3. Termination
SAMSUNG ELECTRONICS may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. Copyright
All titles and copyrights in and of the SOFTWARE PRODUCT and any copies of the SOFTWARE PRODUCT are owned by SAMSUNG ELECTRONICS or its suppliers.
All title and intellectual property rights in and of the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties.
Without SAMSUNG ELECTRONICS' prior consent, the act of arbitrarily reproducing, copying or distributing this product and relevant print materials, shall be contrary to copyright laws.
In case of any infringement of the copyright of SAMSUNG ELECTRONICS for the aforementioned reasons and any subsequent pertaining to this, SAMSUNG ELECTRONICS may hold you directly liable for compensation.
5. Indemnity on the part of a user
By destroying the complete array of this product and content created using the SOFTWARE PRODUCT, you may be exempted from your obligations stipulated under this EULA.
In case you do acts contrary to this EULA, this means that you agree to completely destroy this product and its relevant print materials.
6. Indemnity on the part of SAMSUNG ELECTRONICS
You are solely and entirely liable for the performance or results you may obtain, or any content you create by using the SOFTWARE PRODUCT, and SAMSUNG ELECTRONICS shall not be liable for any losses arising from your use of the SOFTWARE PRODUCT or for any losses arising from your inability to use the SOFTWARE PRODUCT.
7. Limitation of Liability
Nothing in this EULA shall exclude or limit SAMSUNG's liability or limit SAMSUNG's liability for (i) death or personal injury; (ii) fraud, or (iii) anything which cannot be limited or excluded by applicable law.
Subject to the previous paragraph above, SAMSUNG shall not be liable to you, whether in contract,
tort (including negligence) or any theory of liability, and whether or not the possibility of such damage or losses has been notified to SAMSUNG, for: (a) any indirect, incidental, special or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation or (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect).
8. General
You agree that if SAMSUNG does not exercise or enforce any legal right or remedy which is set out in this EULA, or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung's rights or remedies and that such rights or remedies remain available to SAMSUNG.
If any provision of this EULA is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from this EULA without affecting the remaining provisions of this EULA, which will continue to be valid and enforceable.
You acknowledge and agree that each SAMSUNG affiliate shall be a third party beneficiary to this EULA and shall be entitled to directly enforce, and rely upon, any provision of this EULA which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this EULA. For the purposes of this EULA, an affiliate of SAMSUNG is any company, corporation, firm, partnership or other entity that controls SAMSUNG, is controlled by SAMSUNG or is under common control with SAMSUNG; the term ”controls” and ”controlled” meaning the ability to direct the management of the relevant entity.
The EULA and your relationship with SAMSUNG under this EULA shall be governed by the laws of the State of New York without regard to its conflict of law principles. By using the SOFTWARE PRODUCT, you unconditionally consent and agree that: (a) any claim, dispute or controversy (whether in contract, tort, or otherwise) you may have against any SAMSUNG entity, the officers, directors, agents and employees of any SAMSUNG entity (the ”SAMSUNG Entity(ies)”) arising out of, relating to, or connected in any way with the SOFTWARE PRODUCT or the determination of the scope or applicability of this clause, will be resolved exclusively by final and binding arbitration administered by the ICC and conducted before a sole arbitrator in accordance with the rules of the ICC; (b) this clause is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (”FAA”), 9 U.S.C. Sections 1-16; (c) the arbitration shall be held in Seoul, Republic of Korea; (d) the arbitrator's decision shall be controlled by the terms and conditions of this EULA and any other agreements referenced herein that you have agreed to in connection with the SOFTWARE PRODUCT; (e) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only you and/or the applicable SAMSUNG entity's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and you will not file or participate in a class action against SAMSUNG; (g) the arbitrator shall not have the power to award punitive damages against the you or any SAMSUNG Entity; (h) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any SAMSUNG entity exceed One Hundred Twenty-Five US Dollars (US$125), and you are unable (or not required under the rules of ICC) to pay any fees and deposits that exceed this amount, SAMSUNG agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if the User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SAMSUNG will pay as much of the User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive; and (i) with the exception of subsection (f) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of ICC, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subsection (f) above is found to be invalid, unenforceable or illegal, the entirety of this arbitration provision shall be null and void, and neither you nor SAMSUNG shall be entitled to arbitrate the dispute. For more information on the ICC and/or the rules of the ICC, visit their website at www.iccwbo.org.