Samsung SGH-T659OSBTMB - Manual (Page 133)

Warranty Information 130
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
t659.book Page 130 Wednesday, July 29, 2009 10:11 AM