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186 Manufacturer’s Warranty
sublicense or provide commercial hosting services with the
Software.
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, related to the Software. Samsung may
use this information solely to improve its products or to provide
customized services or technologies to you and will not
disclose this information in a form that personally identifies you.
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
SPH-M900.book Page 186 Thursday, October 29, 2009 3:51 PM