Samsung Galaxy 4 Owners Manual
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Warranty Information 234 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 consum er 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 wh ich the Product was purchased; (c) the Product model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product informatio n screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if th e battery is not removable). Alternatively, you may opt out by calling 1-888-987-4357 no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Pr oduct and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warra nty in any way, and you will continue to enjoy the benefits of the Limited Warranty. Severability If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty. Precautions for Transfer and Disposal If data stored on this device is deleted or reformatted using the standard methods, the data only appears to be removed on a superficial level, and it may be possible for someone to retrieve and reuse the data by means of special software. To avoid unintended information leaks and other problems of this sort, it is recommended that the device be returned to Samsung’s Customer Care Cent er for an Extended File System (EFS) Clear which will eliminate all user memory and return all settings to default settings. Please contact the Samsung Customer Care Center for details. Important! Please provide warranty information (proof of purchase) to Samsung’s Customer Care Center in order to provide this service at no charge. If the warranty has expired on the device, charges may apply. DRAFT For Internal Use Only
235 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 individual or a single entity) and Samsung Electronics Co., Ltd. (Sams ung Electronics Co.) for software, owned by Samsung Electronics Co. and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes computer software and may include associated media, printed materials, online or electronic documentation (Software). Samsung Electronics Co. is a separate company from the company that provides the limited warranty for this mobile device, Sa msung Telecommunications America, LLC. This device requires the use of preloaded software in its normal operation. BY USING THE DEVICE OR ITS PRELOADED SOFTWARE, YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE DEVICE OR THE SOFTWARE. INSTEAD, RETURN THE DEVICE TO THE RETAILER FOR A REFUND OR CREDIT. 1. GRANT OF LICENSE. Samsung Electronics Co. grants you the following rights provided th at you comply with all terms and conditions of this EULA: You may install, use, access, display and run one copy of the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or a mobile device at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Software in machine readable form for backup purposes only; provided that the back up copy must include all copyright or other proprietar y notices contained on the original. DRAFT For Internal Use Only
Warranty Information 236 2. RESERVATION OF RIGHTS AND OWNERSHIP. Samsung Electronics Co. reserves all ri ghts not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Samsung Electronics Co. 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 algorithms of, the Software (except and only to the extent th at such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Software, or create derivative works based on the Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Software. 4. CONSENT TO USE OF DATA. You agree that Samsung Electronics Co. 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. Samsung Electronics Co. and its affiliates may use this information solely to improve their products or to provide customized services or technologies to you and will not disclose this information in a fo rm that personally identifies you. 5. UPGRADES. This EULA applies to updates, supplements and add-on components (if any) of the Software that Samsung Electronics Co. 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 identi fied as an upgrade, you must first be licensed for the Software identified by Samsung Electronics Co. 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 in direct transfer, such as a consignment. Prior to the transf er, the end user receiving the Software must agree to all the EULA terms. DRAFT For Internal Use Only
237 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 Electronics Co. if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, yo u must cease all use of the Software and destroy all copies, full or partial, of the Software. 9. Disclaimer of Warranty. ALL SOFTWARE PROVIDED BY SAMSUNG ELECTRONICS CO. WITH THIS MOBILE DEVICE IS PROVIDED AS IS AND ON AN AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG ELECTRONICS CO., EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG ELECTRONICS CO. DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG ELECTRONICS CO. OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG ELECTRONICS CO. OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG ELECTRONICS CO. 10. THIRD-PARTY APPLICATIONS. Certain third party applications may be included with, or downloaded to this mobile device. Samsung Electronics Co. makes no representations whatsoever abou t any of these applications. Since Samsung Electronics Co. has no control over such applications, you acknowledge and agree that Samsung Electronics Co. is not responsibl e for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications. You expressly acknowledge and agree that use of third party applications is at your sole DRAFT For Internal Use Only
Warranty Information 238 risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. It is up to you to take precautions to ensure th at whatever you select to use is free of such items as viruse s, worms, Trojan horses, and other items of a destructive nature. References on this mobile device to any names, ma rks, products, or services of any third-parties are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You ag ree that Samsung Electronics Co. shall not be responsible or liable, directly or indirectly, for any damage or loss 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 other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third party application providers privacy policy, if such a policy exists. SAMSUNG ELECTRONICS CO. DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER. 11. Disclaimer of Warranty Regarding Third Party Applications. SAMSUNG ELECTRONICS CO. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIME LINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF , OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF ANY THIRD PARTY APPLICATION WH ETHER SUCH THIRD PARTY APPLICATION IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUN G ELECTRONICS CO., IS DOWNLOADED, OR OTHERWISE OBTAINED. USE OF ANY THIRD PARTY APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNL OADING OR USE OF SUCH THIRD PARTY APPLICATIONS. SAMSUNG ELECTRONICS CO. EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY APPLICATION PROVIDER. ANY THIRD PARTY APPLICATIONS PROVIDED WITH THIS MOBILE DEVICE DRAFT For Internal Use Only
239 ARE PROVIDED AS IS AND ON AN AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG ELECTRONICS CO., EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG ELECTRONICS CO. DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SAMSUNG ELECTRONICS CO. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE THIRD PARTY APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE THIRD PARTY APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE THIRD PARTY APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE THIRD PARTY APPLICATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG ELECTRONICS CO. OR ANY OTHER PERSON OR ENTITY SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY REGARDING THIRD PARTY APPLICATIONS, OR TO CREATE ANY WARRANTY BY SAMSUNG ELECTRONICS CO. 12. Limitation of Liability. SAMSUNG ELECTRONICS CO. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS , DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRE CT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG ELECTRONICS CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SAMSUNG ELECTRONIC CO.S TOTAL LIABILITY TO YOU FOR ALL DRAFT For Internal Use Only
Warranty Information 240 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 LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 9, 10, 11 AND 12) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 13. U.S. Government End Users Restricted Rights. The Software is licensed only with restricted rights and as commercial items consisting of commercial software and commercial software documentation with only those rights as are granted to all other end users pursuant to the terms and conditions herein. A ll Products are provided only with restricted rights with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Software and Prod ucts are provided subject to Federal Acquisition Regulation (FAR) 52.227.19. 14. APPLICABLE LAW. This EULA is governed by the laws of TEXAS, without regard to conflicts of laws principles. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 15. DISPUTE RESOLUTION. (a) Non-United States residents. If a dispute, controversy or difference is not amicably settled, it shall be finally resolved by arbitration in Seoul, Korea in accordance with the Arbitration Rules of 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 persons or entitys 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 DRAFT For Internal Use Only
241 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 inte rpretation 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 ma y 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 th e 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 arbitrators 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 arise s from the licensing or use of the Software. You may opt ou t 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 purchasers purchase of this device. To opt out, you must send notice by e-mail to [email protected], with th e 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 device was purchased; (c) the device model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Se rial Number can be found (i) on the device box; (ii) on the de vice information screen, which can be found under Settings; (i ii) on a label on the back of the device beneath the battery, if the battery is removable; and (iv) on the outside of the device if the battery is not removable). Alternatively, you may opt out by calling 1-888-987-4357 no later than 30 calendar days from the DRAFT For Internal Use Only
Warranty Information 242 date of the first consumer purchasers purchase of the device and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the device or its preloaded Software, and you will continue to enjoy the benefits of this license. 16. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Samsung Electronics Co. relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. [101212] DRAFT For Internal Use Only
243 Section 13: Samsung Product Registration Register now at www.samsung.com/register Get More • Latest info on promotions, events and special offers on related p\ roducts• Review Samsung products and share your opinion • Great deals on downloads Sign Up Now Customize your Samsung device experience • Activate product warranty • Access to a personalized My Samsung Mobile account • No monthly fees Scan this code to go directly to the registration page. DRAFT For Internal Use Only