Read the Samsung Smart Switch End User License Agreement (the "Agreement") carefully before using Samsung Smart Switch software as it contains important information.
Samsung Smart Switch is a software program that enables you to transfer your own data, such as contact information and schedule data, as well as other personal content, to devices manufactured by Samsung Electronics Co., Ltd. ("Samsung") including cell phones and MP3 players.
By using this Samsung Smart Switch software, you agree to comply with the Agreement. Otherwise, you cannot use this software. When you click the "I accept the terms of the license agreement" to install the software, you are deemed to have consented to the Agreement. If you do not agree, click the "Cancel" button so that you will not install the software.
Warning: This Samsung Smart Switch software may be used for the purpose of reproduction. Your license as to reproduction is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you have the right or legal approval for reproduction.
1. General Matters
Subject to the terms and conditions of this Agreement, Samsung allows you the license of the Samsung Smart Switch software, documents, or fonts — whether they are in disc or ROM, or regardless of their types (collectively, "Samsung Software"). This means that Samsung does not sell the Samsung Software to you. In addition, all rights that are not expressly identified as yours hereunder shall belong to Samsung or the parties to which Samsung grants the license (the "Samsung Licensee"). Rights offered herein are limited to the intellectual property rights of Samsung Software and other patent rights or intellectual property rights are not included. You hold the rights to the media where Samsung Software is recorded. However, the proprietorship of the Samsung Software belongs to Samsung or the Samsung Licensee. The terms of this Agreement will govern any software upgrades provided by Samsung that replace and/or supplement the original Samsung Software product, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will take priority.
2. License
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to install and use the Samsung Software. You hereby use the Samsung Software only on computers which you own, lease, or maintain in some other manner apart from the manner set forth in Article 3 (Restriction of License) of this Agreement. Samsung shall not be responsible for any damages caused by you making Samsung Software available over a network where it could be used by multiple users.
3. Restriction of License
You are not allowed to arbitrarily modify, translate, disassemble, decompile, or re-engineer a part or the whole of the Samsung Software (except to the extent expressly allowed under the applicable laws). You shall not use Samsung Software for nuclear energy equipment, air traffic control, the operation of communication systems, public transportation control, life support devices, or other devices that may cause deaths, injuries or severe physical or environmental losses in the event that this Samsung Software fails to perform in such devices. Any attempt to do so shall be deemed as a violation of the rights of Samsung and its licensors of the Samsung Software.
4. Transfer
You are not allowed to lease, rent, or reuse Samsung Software.
5. Consent for Data Use
You agree that Samsung or the parties that are entrusted by Samsung may, to the maximum extent permitted under the applicable law, collect and use data from your device on a regular basis. This data will include technologies, error information concerning digital devices and software, and customer management related information (namely, usage pattern information such as the frequency of use of particular function, frequency of installation/uninstallation and types of file format that have been added etc.) including technical information about your computer, systems, application programs and peripherals. This data will be used in order to offer Samsung Software updates, product support services, and other necessary services, and to confirm that you are using the Samsung Software in accordance with the terms and conditions of this agreement. Samsung Electronics may use such information to upgrade the product, or to offer you services and technical support so long as you cannot be identified or recognized through the collected information.
6. Termination
This Agreement is effective until its termination. Should you not comply with terms and conditions of this Agreement, your rights based on this Agreement will be automatically terminated without a prior notice from Samsung. You should stop the use of the whole of Samsung Software upon termination and destroy the whole of all Samsung software copies.
7. Disclaimer of Warranties
To the extent not prohibited under the applicable law, Samsung does not provide any warranty related to the accuracy, trustworthiness, or stability of Samsung Software. In addition, Samsung does 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 is not applied when such losses take place due to any willful or gross negligent acts or omissions of Samsung.
You clearly state and agree that you use the Samsung Software and the Service specified above under your own responsibility.
Except for limited warranties and to the maximum extent permitted under the applicable law, the Samsung Software is offered "AS IS" without any other types of warranty. In addition, Samsung and the Samsung Licensee hereby disclaim all warranties and conditions with respect to the Samsung Software either express, implied or statutory including, without limitation to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement of a third party's rights.
Functions in the Samsung Software may not satisfy all of your requirements. Errors may take place during the operation of the software, but Samsung will carry out upgrades in accordance with its program modification schedules. However, this does not indicate that it will fix all software errors. Even if Samsung or the Samsung Licensee offer verbal or written information or advice, this shall not be deemed as provision or offer to provide any express or implied warranty on the Samsung Software.
8. Limitation of Liability
To the maximum extent not prohibited by the applicable laws, in no event Samsung shall be held liable for any personal injury or any indirect, special, incidental or consequential damages or loss whatsoever including, without limitation, loss of profits, loss of data, business interruption or other commercial damage whether they are sustained from the use of Samsung Software or any errors during the use, regardless of the root cause that led to such problems. This is applied regardless of legal principles of liability (contracts, torts or others), or even if Samsung has been informed of a possibility of such damages in advance. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
9. Governing Law and Severability This Agreement shall be governed and interpreted in accordance with the laws of the Republic of Korea without reference to the principle of conflict of laws. The application of the United Nations Convention on Contracts for International Sale of Goods is hereby expressly excluded. Should any provision or a part of it be found not to be enforceable, the other provisions of this Agreement are continuously and completely valid.
10. Entire Agreement and Controlling Language
This Agreement composes the entire agreement among parties to which Samsung grants the license and shall supersede all agreements made earlier or simultaneously. No amendment to or modification of this Agreement will be binding unless in writing and signed by Samsung. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
11. Copyright
Samsung or its licensor holds all copyrights and property rights for this Samsung Software and its copies. All property rights and intellectual property rights of content exposed to you through the use of this Samsung Software belong to their owners, and are thus protected by related copyright laws or international conventions. This Agreement does not grant any license to such content. Samsung holds all rights that are not expressly licensed to other parties.
12. Acknowledgement and Terms of Third Party Rights
Portions of the Samsung Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the "online" electronic documentation for the Samsung Software or may otherwise accompany such material, and use of such material is governed by their respective terms.
