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Samsung Galaxy Player 5 Instruction Manual

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    							Warranty Information       137
    Section 13: Warranty Infor mation
    Standard Limited Warranty
    What is covered and for how long?
    SAMSUNG ELECTRONICS AMERICA, INC. (“SAMSUNG”) warrants 
    that SAMSUNG’s devices and accessories (“Products”) are free 
    from defects in material and workmanship under normal use and 
    service for the period commencing upon the date of purchase by 
    the first consumer purchaser and continuing for the following 
    specified period of time after that date:
    What is not covered?
    This Limited Warranty is conditioned upon proper use of the 
    Product. This Limited Warranty does not cover: (a) defects or 
    damage resulting from accident, misuse, abnormal use, 
    abnormal conditions, improper storage, exposure to liquid, 
    moisture, dampness, sand or dirt, neglect, or unusual physical, 
    electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused by SAMSUNG; (c) defects or 
    damage resulting from excessive force or use of a metallic object 
    when pressing on a touch screen; (d) equipment that has the 
    serial number or the enhancement data code removed, defaced, 
    damaged, altered or made illegible; (e) ordinary wear and tear; 
    (f) defects or damage resulting from the use of Product in 
    conjunction or connection with accessories, products, or 
    ancillary/peripheral equipment not furnished or approved by 
    SAMSUNG; (g) defects or damage resulting from improper 
    testing, operation, maintenance, installation, service, or 
    adjustment not furnished or approved by SAMSUNG; (h) defects 
    or damage resulting from external causes such as collision with 
    an object, fire, flooding, dirt, windstorm, lightning, earthquake, 
    exposure to weather conditions, theft, blown fuse, or improper 
    use of any electrical source; (i) defects or damage resulting from 
    cellular signal reception or transmission, or viruses or other 
    software problems introduced into the Product; or (j) Product 
    used or purchased outside the United States. This Limited 
    Warranty covers batteries only if battery capacity falls below 80% 
    of rated capacity or the battery leaks, and this Limited Warranty 
    does not cover any battery if (i) the battery has been charged by 
    a battery charger not specified or approved by SAMSUNG for 
    charging the battery; (ii) any of the seals on the battery are  Device 1 Year
    Batteries (Including Internal Batteries) 1 Year
    Case/Pouch/Holster 90 Days
    Other Device Accessories 1 Year 
    						
    							138
    broken or show evidence of tampering; or (iii) the battery has 
    been used in equipment other than the SAMSUNG device for 
    which it is specified.
    What are SAMSUNG’s obligations?
    During the applicable warranty period, provided the Product is 
    returned in accordance with the terms of this Limited Warranty, 
    SAMSUNG will repair or replace the Product, at SAMSUNG’s sole 
    option, without charge. SAMSUNG may, at SAMSUNG’s sole 
    option, use rebuilt, reconditioned, or new parts or components 
    when repairing any Product, or may replace the Product with a 
    rebuilt, reconditioned or new Product. Repaired/replaced cases, 
    pouches, and holsters will be warranted for a period of ninety 
    (90) days. All other repaired/replaced Products will be warranted 
    for a period equal to the remainder of the original Limited 
    Warranty on the original Product or for ninety (90) days, 
    whichever is longer. All replaced Products, parts, components, 
    boards and equipment shall become the property of SAMSUNG. 
    Except to any extent expressly allowed by applicable law, 
    transfer or assignment of this Limited Warranty is prohibited.
    What must you do to obtain warranty service?
    To obtain service under this Limited Warranty, you must return 
    the Product to an authorized service facility in an adequate 
    container for shipping, accompanied by the sales receipt or 
    comparable proof of sale showing the original date of purchase, the serial number of the Product and the seller’s name and 
    address. To obtain assistance on where to deliver the Product, 
    please call SAMSUNG Customer Care at 1-888-987-4357. If 
    SAMSUNG determines that any Product is not covered by this 
    Limited Warranty, you must pay all parts, shipping, and labor 
    charges for the repair or return of such Product.
    You should keep a separate backup copy of any contents of the 
    Product before delivering the Product to SAMSUNG for warranty 
    service, as some or all of the contents may be deleted or 
    reformatted during the course of warranty service.
    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, COMMERCIAL LOSS OF ANY SORT; LOSS 
    OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, 
    PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, 
    CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING 
    FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME  
    						
    							Warranty Information       139
    STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON 
    HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER 
    OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 
    SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY 
    TO YOU.
    SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS, 
    EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE 
    QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR 
    SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT 
    USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO 
    INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE 
    PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR 
    EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY 
    SAMSUNG OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, 
    CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF 
    ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS 
    SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR 
    SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.
    Nothing in the Product instructions or information shall be 
    construed to create an express warranty of any kind with respect 
    to the Products. No agent, employee, dealer, representative or 
    reseller is authorized to modify or extend this Limited Warranty or 
    to make binding representations or claims, whether in 
    advertising, presentations or otherwise, on behalf of SAMSUNG 
    regarding the Products or this Limited Warranty.This Limited Warranty gives you specific legal rights, and you 
    may also have other rights that vary from state to state.
    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 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 Limited Warranty 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 Limited Warranty. 
    						
    							140
    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 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 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’s employees, representatives and affiliates if any such 
    claim arises from the Product’s sale, condition or performance.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 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 information 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 the 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 Product 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 Warranty in any way, and you will continue to enjoy the 
    benefits of the Limited Warranty. 
    						
    							Warranty Information       141
    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.
    Samsung Electronics America, Inc.
    85 Challenger Road
    Ridgefield Park, New Jersey 07660
    Phone: 1-800-SAMSUNG
    ©2011 Samsung Electronics America, Inc. All rights reserved.
    No reproduction in whole or in part allowed without prior written 
    approval.
    Specifications and availability subject to change without notice. 
    [060111]
    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 Center 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.
    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. for software 
    owned by Samsung Electronics Co., Ltd. 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”). BY CLICKING THE “I 
    ACCEPT” BUTTON (OR IF YOU BYPASS OR OTHERWISE DISABLE 
    THE “I ACCEPT”, AND STILL INSTALL, COPY, DOWNLOAD, 
    ACCESS OR OTHERWISE USE THE SOFTWARE), YOU AGREE TO 
    BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT 
    ACCEPT THE TERMS IN THIS EULA, YOU MUST CLICK THE 
    “DECLINE” BUTTON, AND DISCONTINUE USE OF THE SOFTWARE. 
    						
    							142
    1. GRANT OF LICENSE. Samsung grants you the following rights 
    provided that 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 backup copy must include all copyright or 
    other proprietary notices contained on the original.
    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 algorithms of, the Software (except 
    and only to the extent that such activity is expressly permitted by 
    applicable law notwithstanding 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 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  
    						
    							Warranty Information       143
    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 
    must cease all use of the Software and destroy all copies, full or 
    partial, of the Software.
    9. THIRD-PARTY APPLICATIONS. Certain third-party applications 
    may be included with, or downloaded to this mobile device. 
    SAMSUNG makes no representations whatsoever about any of 
    these applications. Since SAMSUNG has no control over such 
    applications, Purchaser acknowledges and agrees that 
    SAMSUNG is not responsible 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. Purchaser expressly acknowledges and 
    agrees that use of third-party applications is at Purchaser’s sole risk and that the entire risk of unsatisfactory quality, 
    performance, accuracy and effort is with Purchaser. It is up to 
    Purchaser to take precautions to ensure that whatever Purchaser 
    selects to use is free of such items as viruses, worms, Trojan 
    horses, and other items of a destructive nature. References on 
    this mobile device to any names, marks, products, or services of 
    any third-parties are provided solely as a convenience to 
    Purchaser, and do not constitute or imply an endorsement, 
    sponsorship, or recommendation of, or affiliation with the third-
    party or its products and services. Purchaser agrees that 
    SAMSUNG shall not be responsible or liable, directly or indirectly, 
    for any damage or loss caused or alleged to 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. Purchaser acknowledges and agrees that your use of 
    any third-party application is governed by such third-party 
    application provider’s 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 provider’s privacy policy, if such a policy 
    exists. SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY 
    DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF 
    ANY THIRD-PARTY APPLICATION PROVIDER. 
    						
    							144
    10. Disclaimer of Warranty Regarding Third-Party Applications. 
    SAMSUNG DOES NOT WARRANT OR MAKE ANY 
    REPRESENTATIONS REGARDING THE AVAILABILITY, USE, 
    TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, 
    OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, 
    THE CONTENT OF ANY THIRD-PARTY APPLICATION WHETHER 
    SUCH THIRD-PARTY APPLICATION IS INCLUDED WITH THE 
    PRODUCT DISTRIBUTED BY SAMSUNG, IS DOWNLOADED, OR 
    OTHERWISE OBTAINED. USE OF ANY THIRD-PARTY APPLICATION 
    IS DONE AT PURCHASER’S OWN DISCRETION AND RISK AND 
    PURCHASER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO 
    YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM 
    THE DOWNLOADING OR USE OF SUCH THIRD-PARTY 
    APPLICATIONS. SAMSUNG EXPRESSLY DISCLAIMS ANY 
    WARRANTY REGARDING WHETHER PURCHASER’S 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 ARE PROVIDED “AS IS” AND ON AN “AS 
    AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM 
    SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE FULLEST 
    EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG 
    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 DOES NOT 
    WARRANT AGAINST INTERFERENE WITH YOUR ENJOYMENT OF 
    THE THRID-PARTY APPLICATION, THAT THE FUNCTIONS 
    CONTAINED IN THE THIRD-PARTY APPLICATION WILL MEET 
    PURCHASER’S 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. PURCHASER ASSUMES THE 
    ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR 
    CORRECTION. SOME JURISDICTIONS DO NOT ALLOW 
    EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED 
    WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS 
    MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, 
    WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM 
    SAMSUNG SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF 
    WARRANTY REGARDING THIRD-PARTY APPLICATIONS, OR TO 
    CREATE ANY WARRANTY. 
    						
    							Warranty Information       145
    11. Limitation of Liability. SAMSUNG WILL NOT BE LIABLE FOR 
    ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO 
    THE USE OR THE INABILITY TO USE 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, AND ALL OTHER DIRECT, 
    INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR 
    CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG 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 
    LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 
    NOTWITHSTANDING THE FOREGOING, SAMSUNG’S TOTAL 
    LIABILITY TO PURCHASER FOR ALL LOSSES, DAMAGES, CAUSES 
    OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON 
    CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF 
    PURCHASER’S USE OF THIRD-PARTY APPLICATIONS ON THIS 
    MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, 
    SHALL NOT EXCEED THE AMOUNT PURCHASER PAID 
    SPECIFICALLY FOR ANY SUCH THIRD-PARTY APPLICATION THAT 
    WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING 
    LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING 
    SECTIONS 9, 10, AND 11) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY 
    FAILS ITS ESSENTIAL PURPOSE.
    12. U.S. GOVERNMENT END USERS. 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.
    13. 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. 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.
    14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire 
    agreement between you and Samsung 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. 
    						
    							146
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