Monday, October 31, 2011

Samsung AllShare

Agreement on Samsung AllShare End-User License

Read carefully the Agreement on Samsung AllShare End-User License (hereinafter, the "Agreement") before using the software as it contains important information.

Samsung AllShare is a software program (hereinafter, the "software") designed to share and play diverse contents such as photos, music, and videos through Samsung Electronics’ digital devices (cell phones, personal computers, MP3 players, digital cameras, camcorders, etc.).

By using this software, you agree to comply with the Agreement. Otherwise, you cannot use this software. When you click the Yes button to install the software, you are deemed to consent to the Agreement. If you do not agree, click the No button so that you will not install the software.

Warning: You are not allowed to use the software for copying. Your license is limited to copying contents with no copyright, owned by yourself, or for which you have the right or legal approval for copying. The software can be used for remote access to content files for replaying through connections between different computers or between computers and other digital devices. Remote access to contents with copyright is offered only for legal use or when legal permission is gained. When it is not clear whether you have the right for copying access, contact someone who can give you legal advice.

1. General Matters
Samsung Electronics grant you the license for the software, documents or fonts - whether they are on disc or in ROM, or regardless of their types (hereinafter, "Samsung software"), only for use complying with this Agreement. This means that the Company does not sell you the license. In addition, all rights that are not clarified as yours are held by Samsung Electronics or the parties to which the Company grants the license. Rights offered herein are limited to the intellectual property right of Samsung software and other patent rights or intellectual property rights are not included. You hold the media where Samsung software is recorded. However, the proprietorship of the software belongs to Samsung Electronics or the parties to which the Company grants the license. Regarding replacement software for the original or software for upgrading, it is included in the rights covered by this Agreement, unless a separate contract exists.

2. License
Samsung Electronics grant the non-exclusive license for individuals to install and use the software herein stated to users. You hereby use the software only in computers that you hold, lease or maintain in some other manners apart for cases clarified in Article 3 'Restriction of License' of this Agreement. Samsung Electronics do not take responsibility for damages that may happen because a multiple of people use the computer (hereinafter, the "common computer").

3. Restriction of License
You are not allowed to arbitrarily modify, translate, disassemble, decompile, or re-engineer a part or the whole of the software. Regardless of this restriction, exceptions are allowed for cases clarified in related laws and regulations. You shall not use this software for nuclear energy equipment, air traffic control, the operation of communication system, public transportation control, life support devices, or other devices that may cause deaths, injuries or severe physical or environmental losses in the case that this software does not work.

4. Transfer
You are not allowed to lease, rent, or reuse this software.

5. Consent on Data Use
You agree that Samsung Electronics or the parties that are entrusted by the Company can collect and use technologies and related information including technical information on your computer, systems, application programs and peripherals on a regular basis in order to offer Samsung-related software updates, product support services and other necessary services after confirming that you use the license in accordance with this Agreement. Samsung Electronics use such information to upgrade the product or to offer you services and technological supports as long as you are not personally recognized through the information.

6. Other Services
You may be exposed to contents containing unpleasant, offensive or sexual languages while using the service. However, you need to keep in mind that languages used in these contents may be considered unpleasant, offensive and sexual depending on the users. You hold the whole responsibility for the use of the service and Samsung Electronics are not responsible for any unpleasant, offensive or sexual contents you may be exposed to while using the service. Samsung Electronics offer the types of contents and explanations on them for your convenience but do not guarantee accuracy.

The service includes contents of third parties or website links. However, Samsung Electronics take no responsibility to inspect such contents or websites, or to evaluate the accuracy of such contents. In addition, they are not responsible for any guarantee for those materials, websites, services or products. The links offered through the service are offered only for your convenience. You agree that you will not infringe on or violate a third party's rights and Samsung Electronics hold no responsibility for any possible infringement or violation of a third party's rights.

7. Expiry
This Agreement is effective until its expiry. Should you not comply with terms and conditions of this Agreement, your right based on this Agreement will be automatically terminated without prior notice from Samsung Electronics. You should stop using the whole of Samsung software upon expiry and destroy the whole of Samsung software copies.

8. Exclusion of Warranties
Samsung Electronics do not provide any guarantee related to the accuracy, trustworthiness or stability of the software. In addition, Samsung Electronics do not hold responsibility for any possible losses from the use of the software or its disorder, or from any related security violation. However, this exclusion does not apply when such losses take place due to any intention or gross negligence from Samsung Electronics.

You clearly state and agree that you use the software and the service specified above under your responsibility and also you are entirely responsible for the satisfaction, performance, accuracy or effort as to the quality.

Except for limited warranties and the maximum scope of governing law, the software and the service of Samsung Electronics are offered "as they are" without any other types of warranty. In addition, Samsung Electronics and the parties to which the Company grants the license hereby do not take responsibility for all warranties and conditions such as product appropriateness, quality satisfaction, appropriateness for certain purposes, accuracy, tacit guarantee on the use without any error or guarantee of no violation of a third party's rights whether these are classified in laws or tacitly recognized.

Functions in the software and the service of Samsung Electronics may not satisfy all of your requirements. Errors may take place during the operation of the software or the service but Samsung Electronics will carry out upgrade in accordance with their program modification schedules. However, this does not indicate that they will fix all software or service errors. Even if Samsung Electronics or the parties to which the Company grants the license offer verbal or written information or advice, this does not entail any guarantee.

9. Limitation of Responsibility
Within the scope not prohibited in laws and regulations, Samsung Electronics do not hold responsibility for any loss of expected profit, loss of data, sales suspension or other commercial damage whether they take place from the use of the software or the service of Samsung Electronics or any errors during the use, or regardless of the root cause that led to such problems. This applies regardless of legal principles of compensation (contracts, illegal acts, or others), or even if Samsung Electronics are informed on a possibility of such losses in advance. 

10. Governing Law and Separability
As this Agreement is applied when it is signed and executed by residents of the Republic of Korea, it is regulated and interpreted in accordance with its law. This Agreement is not regulated by the United Nations Convention on Contracts for International Sale of Goods and the exclusion of its application is clearly stated. Should any provision or a part of it be found not to be enforceable, the other provisions of this Agreement remain continuously and completely valid.

11. Entire Consent
This Agreement composes entire consent among parties to which Samsung Electronics grant the license and takes priority over any prior or concurrent agreements.

12. Software Update
When there is an update of software, Samsung Electronics will offer the updated one to end-users. Functions provided in the previous version may be deleted through the update. This is a condition taking place as Samsung Electronics directly or indirectly provide software and hardware maintenance services to end-users. Thus, you are deemed to agree with this condition.

13. Copyright
Samsung Electronics or their suppliers have all copyrights and property rights for this software and its copies. All property rights and intellectual property rights of contents exposed to you through the use of this software belong to their owners and are thus protected by related copyright laws or international conventions. This Agreement does not allow you to use such contents. Samsung Electronics hold all rights whose permission is not specified.

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