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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
A657.book Page 170 Friday, February 20, 2009 4:16 PM