End User License Agreement for Software
IMPORTANT. READ CAREFULLY: This End User License Agreement
("EULA") is a legal agreement between you (either an individual
or a single entity) and Samsung Electronics Co., Ltd.
("Samsung") for software, owned by Samsung and its affiliated
companies and its third party suppliers and licensors, that
accompanies this EULA, which includes computer software and
may include associated media, printed materials, "online" or
electronic documentation in connection with your use of this
device ("Software").
This device requires the use of preloaded software in its normal
operation. BY USING THE DEVICE OR ITS PRELOADED
SOFTWARE, YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO
NOT ACCEPT THESE TERMS, DO NOT USE THE DEVICE OR THE
SOFTWARE.
1. GRANT OF LICENSE. Samsung grants you the following rights
provided that you comply with all terms and conditions of this
EULA: You may install, use, access, display and run one copy of
the Software on the local hard disk(s) or other permanent storage
media of one computer and use the Software on a single
computer or a mobile device at a time, and you may not make
the Software available over a network where it could be used by
multiple computers at the same time. You may make one copy of

the Software in machine readable form for backup purposes only;
provided that the backup copy must include all copyright or other
proprietary notices contained on the original.
Certain items of the Software may be subject to open source
licenses. The open source license provisions may override some
of the terms of this EULA. We make the applicable open source
licenses available to you on the Legal Notices section of the
Settings menu of your device.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Samsung reserves
all rights not expressly granted to you in this EULA. The Software
is protected by copyright and other intellectual property laws and
treaties. Samsung or its suppliers own the title, copyright and
other intellectual property rights in the Software. The Software is
licensed, not sold.
3. LIMITATIONS ON END USER RIGHTS. You may not reverse
engineer, decompile, disassemble, or otherwise attempt to
discover the source code or algorithms of, the Software (except
and only to the extent that such activity is expressly permitted by
applicable law not withstanding this limitation), or modify, or
disable any features of, the Software, or create derivative works
based on the Software. You may not rent, lease, lend, sublicense
or provide commercial hosting services with the Software.

3

4. CONSENT TO USE OF DATA. You agree that Samsung and its
affiliates may collect and use technical information gathered as
part of the product support services related to the Software
provided to you, if any, such as IMEI (your device’s unique
identification number), device number, model name, customer
code, access recording, your device’s current SW version, MCC
(Mobile Country Code), MNC (Mobile Network Code). Samsung
and its affiliates may use this information solely to improve their
products or to provide customized services or technologies to you
and will not disclose this information in a form that personally
identifies you. At all times your information will be treated in
accordance with Samsung’s Privacy Policy, which can be viewed
at:
http://account.samsung.com/membership/pp.
5. SOFTWARE UPDATES. Samsung may provide to you or make
available to you updates, upgrades, supplements and add-on
components (if any) of the Software, including bug fixes, service
upgrades (parts or whole), products or devices, and updates and
enhancements to any software previously installed (including
entirely new versions), (collectively “Update”) after the date you
obtain your initial copy of the Software to improve the Software
and ultimately enhance your user experience with your device.
This EULA applies to all and any component of the Update that
Samsung may provide to you or make available to you after the
date you obtain your initial copy of the Software, unless we

4

provide other terms along with such Update. To use Software
provided through Update, you must first be licensed for the
Software identified by Samsung as eligible for the Update. After
the Update, you may no longer use the Software that formed the
basis for your Update eligibility. The updated Software version
may add new functions and, in some limited cases, may delete
existing functions.
While the Update will be generally available, in some limited
circumstances, the Software updates will only be offered by your
network carrier, and such Software updates will be governed by
your contractual relationship with your network carrier.
With the “Automatic Update” function enabled (as in the default
setting in the System Update menu in the Setting), your device
downloads some Updates automatically from time to time. Your
device will, however, ask for your consent before installing any
Update If you choose to disable the “Automatic Update” function,
then you can check the availability of new Updates by clicking on
the “Check Update” menu in the Setting. We recommend that
you check availability of any new Updates periodically for optimal
use of your device. If you want to avoid any use of network data
for the Update downloads, then you should choose the “Wi-Fi
Only” option in the Setting. (Regardless of the option you choose,
the “Automatic Update” function downloads Updates only
through Wi-Fi connection.)

6. Some features of the Software may require your device to
have access to the internet and may be subject to restrictions
imposed by your network or internet provider. Unless your device
is connected to the internet through Wi-Fi connection, the
Software will access through your mobile network, which may
result in additional charges depending on your payment plan. In
addition, your enjoyment of some features of the Software may
be affected by the suitability and performance of your device
hardware or data access.
7. 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.
8. 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 all the applicable export
restriction laws and regulations.

9. 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
must cease all use of the Software and destroy all copies, full or
partial, of the Software.
10. DISCLAIMER OF WARRANTY. UNLESS SEPARATELY STATED IN
A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR
DEVICE, ALL SOFTWARE PROVIDED BY SAMSUNG WITH THIS
MOBILE DEVICE (WHETHER INCLUDED WITH THE DEVICE,
DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED "AS IS"
AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE
LAW, SAMSUNG 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 LIMITATIONS MAY NOT APPLY TO YOU. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,

5

OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE
DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF
WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY
WARRANTY OF ANY SORT FROM SAMSUNG.
11. THIRD-PARTY APPLICATIONS. Certain third party applications
may be included with, or downloaded to this mobile device.
Samsung makes no representations whatsoever about any of
these applications. Since Samsung has no control over such
applications, you acknowledge and agree that Samsung is not
responsible for the availability of such applications and is not
responsible or liable for any content, advertising, products,
services, or other materials on or available from such
applications. You expressly acknowledge and agree that use of
third party applications is at your sole risk and that the entire risk
of unsatisfactory quality, performance, accuracy and effort is
with you. It is up to you to take precautions to ensure that
whatever you select to use is free of such items as viruses,
worms, Trojan horses, and other items of a destructive nature.
References on this mobile device to any names, marks, products,
or services of any third-parties are provided solely as a
convenience to you, and do not constitute or imply an
endorsement, sponsorship, or recommendation of, or affiliation
with the third party or its products and services. You agree that
Samsung shall not be responsible or liable, directly or indirectly,
for any damage or loss, including but not limited to any damage

6

to the mobile device or loss of data, caused or alleged to be
caused by, or in connection with, use of or reliance on any such
third party content, products, or services available on or through
any such application. You acknowledge and agree that the use of
any third-party application is governed by such third party
application provider's Terms of Use, License Agreement, Privacy
Policy, or other such agreement and that any information or
personal data you provide, whether knowingly or unknowingly, to
such third-party application provider, will be subject to such third
party application provider's privacy policy, if such a policy exists.
SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY
DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF
ANY THIRD PARTY APPLICATION PROVIDER. SAMSUNG
EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER
YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD
PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH
PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY
APPLICATION PROVIDER.
12. SAMSUNG APPLICATIONS. Certain Samsung applications and
services may be included with, or downloaded to, this mobile
device. Many of them require Samsung Services membership
registration (“Samsung Account”), and your rights and
obligations will be set forth in separate Samsung Account terms
and conditions and privacy policies. There are non-Samsung
Account applications and services that require your consent to

their separate terms and conditions and privacy policies. You
expressly acknowledge and agree that your use of such
applications and services will be subject to the applicable terms
and conditions and privacy policies.
13. LIMITATION OF LIABILITY. SAMSUNG WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY
THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY,
INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR
RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
FAILURE TO CONNECT, NETWORK CHARGES, IN-APP
PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN
IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING,
SAMSUNG ELECTRONIC CO.'S TOTAL LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT
LIMITED TO THOSE BASED ON CONTRACT, TORT, OR
OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR
THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY
OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE

AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE
DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS
INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING
SECTIONS 10, 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
14. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. The
Software is licensed only with "restricted rights" and as
"commercial items" consisting of "commercial software" and
"commercial software documentation" with only those rights as
are granted to all other end users pursuant to the terms and
conditions herein. All Products are provided only with "restricted
rights" with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. All Software
and Products are provided subject to Federal Acquisition
Regulation (FAR) 52.227.19.
15. APPLICABLE LAW. This EULA is governed by the laws of the
jurisdiction where you are a resident or, if a resident of the United
States, by the laws of the state of Texas, without regard to its
conflict of law provisions. This EULA shall not be governed by the
UN Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded.

7

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 nonexclusive 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

8

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 than 30
calendar days from the date of the first consumer purchaser’s

purchase of this device. To opt out, you must send notice by
e-mail to optout@sta.samsung.com, with the subject line:
"Arbitration Opt Out." You must include in the opt out e-mail (a)
your name and address; (b) the date on which the device was
purchased; (c) the device model name or model number; and (d)
the IMEI or MEID or Serial Number, as applicable, if you have it
(the IMEI or MEID or Serial Number can be found (i) on the device
box; (ii) on the device information screen, which can be found
under "Settings;" (iii) on a label on the back of the device
beneath the battery, if the battery is removable; and (iv) on the
outside of the device if the battery is not removable).
Alternatively, you may opt out by calling 1-888-987-4357 no
later than 30 calendar days from the date of the first consumer
purchaser's purchase of the device and providing the same
information. These are the only two forms of notice that will be
effective to opt out of this dispute resolution procedure. Opting
out of this dispute resolution procedure will not affect your use of
the device or its preloaded Software, and you will continue to
enjoy the benefits of this license.

any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full
force and effect. [050113]

17. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire
agreement between you and Samsung relating to the Software
and supersedes all prior or contemporaneous oral or written
communications, proposals and representations with respect to
the Software or any other subject matter covered by this EULA. If

9

