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Samsung Freeform 5 Manual

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Page 121

Warranty Information 117
What are the limits on SAMSUNG’s liability?
THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF
SAMSUNG’S RESPONSIBILITIES, AND THE EXCLUSIVE
REMEDY REGARDING THE PRODUCTS.
ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO
THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT
SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF
THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT
LIMITATION,...

Page 122

118
What is the procedure for resolving disputes?
ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM
THIS LIMITED WARRANTY OR THE SALE, CONDITION OR
PERFORMANCE OF THE PRODUCTS 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
a dispute involving any other person’s or entity’s Product or
claim, and specifically, without limitation of the foregoing,
shall not under any circumstances proceed as part of...

Page 123

Warranty Information 119
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 the
Product. To opt out, you must send notice by e-mail to
[email protected], 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 Product was purchased;
(c) the Product model name or model number; and (d) the IMEI
or...

Page 124

120 Samsung Telecommunications America, LLC
1301 E. Lookout Drive
Richardson, Texas 75082
Phone: 1-800-SAMSUNG
Phone: 1-888-987-HELP (4357)
©2012 Samsung Telecommunications America, LLC. All
rights reserved.
No reproduction in whole or in part allowed without prior
written approval. Specifications and availability subject to
change without notice. [111611]
End User License Agreement for 
Software
IMPORTANT. READ CAREFULLY: This End User License
Agreement (EULA) is a legal agreement between you
(either an...

Page 125

Warranty Information 121 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...

Page 126

122 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...

Page 127

Warranty Information 123 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...

Page 128

124 responsible or liable, directly or indirectly, for any damage or
loss, including but not limited to any damage 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 providers Terms of Use, License Agreement,
Privacy Policy, or...

Page 129

Warranty Information 125 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...

Page 130

126 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...
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