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Warranty Information 147
the Korean Commercial Arbitration Board. The
award of arbitration shall be final and binding
upon the parties.
(b) United States residents. ALL DISPUTES WITH
SAMSUNG ELECTRONICS CO. 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 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 Electronics Co. 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 Electronics Co. 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
Electronics Co.'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 Electronics Co. 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