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- Samsung DeX for PC – PC Application Software Licence Agreement
- Read this Samsung DeX for PC – PC Client Software Licence Agreement (this “Agreement”) carefully before using Samsung DeX for PC service’s PC application software (“Software”) as it contains important information.
- This Agreement governs and regulates your use of the Software, provided by Samsung Electronics Co., Ltd. (“Samsung”).
- The Software lets you use your mobile device’s Samsung DeX function on your personal computer through a USB connection.
- By using the Software, you agree to comply with this Agreement. Otherwise, do not use the Software. When you click on “Accept” to install the Software, it is deemed that you have consented to this Agreement. If you do not agree, click the “Cancel” button.
- Your use of the Samsung DeX function may be subject to other terms and conditions provided on your mobile device, and this Agreement shall not be interpreted to limit, amend or supersede such other terms and conditions.
- You may not use the Software if you are a (a) person who is not of legal age to form a binding contract with Samsung or (b) person who is barred from receiving the Software under the laws of any country, including the country in which you are a resident or from which you are using the Software. Your use of the Software includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC ASSENT CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT AND HONOUR ALL TRANSACTIONS YOU ENTER INTO.
- 1. General Matters
- Subject to the terms and conditions of this Agreement, Samsung allows you a licence to use the Software. This means that Samsung does not sell the Software. In addition, all rights that are not expressly identified as yours hereunder shall belong to Samsung or third party Licensors (the “Samsung Licensor”). Rights offered herein are limited to the intellectual property rights of the Software, and other patent rights or intellectual property rights are not included. You acknowledge and agree that the proprietorship of the Software belongs to Samsung or Samsung Licensors. This Agreement will govern any upgrades to the Software provided by Samsung that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate agreement, in which case the terms of that agreement will govern.
- 2. Licence
- Subject to the terms and conditions of this Agreement, you are granted a limited, personal, non-exclusive, non-transferable, revocable licence, without the right of sublicense to use the Software. You hereby agree to use the Software only on computers and/or mobile devices that you own, lease, or maintain in some other manner, apart from those set forth in Article 3 (Restriction of Licence) of this Agreement. Samsung shall not be responsible for any damages caused by you by (i) making available Software over a network where it could be used by multiple users, or (ii) otherwise using the Software in any unauthorised ways other than those expressly licensed or permitted in this Agreement.
- 3. Restriction of Licence
- The rights granted herein are subject to the following restrictions: (i) you may not arbitrarily copy, modify, translate, port, adapt, localise, disassemble, decompile, reverse-engineer, or otherwise attempt to discover the source code of a part, or the whole of the Software (except to the extent expressly allowed under applicable law); (ii) you may not create derivative works of the Software; (iii) you may not remove any patent, trademark, copyright, trade secret, or other proprietary notices or labels from the Software; (iv) you may not transfer, lease, assign, sublicense, pledge, rent, share, or distribute the Software or make it available for time sharing, service bureau, or online use; (v) you shall not use Software for nuclear energy equipment, air traffic control, the operation of communication systems, public transport control, life support devices, or other devices that may cause deaths, injuries, or severe physical or environmental losses; and (vi) you shall not commit any wrongful application of the Software including, without limitation, illegal access to a network or system overload, or another user’s mobile device. Any attempt to do so shall be deemed a violation of the rights of Samsung and/or Samsung Licensors.
- 4. Consent for Data Use
- You agree that Samsung or the parties 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 functions, frequency of installation/uninstallation and types of file formats that have been added, etc.) as well as technical information about your computer, systems, application programmes and peripherals. This data will be used to offer Software updates, product support services, and other necessary services, and to confirm that you are using the Software in accordance with this Agreement. Samsung may use such information to upgrade the product, or to offer you services and technical support, so long as you cannot be identified and recognised through the collected information.
- 5. Your responsibilities
- You are responsible for all activity occurring within your user accounts, and for abiding by all applicable local, national and international laws. It is your responsibility to keep your log-in credentials, including your Password and ID, confidential at all times. You shall not allow any third party to use your account information, including your Password and ID. If you become aware that either your ID, or your Password is stolen, or is being used by a third party, or otherwise become aware of any other breach of this Agreement, you shall notify Samsung of the nature of the breach immediately and follow Samsung’s instructions thereafter. In no event shall Samsung be liable to you for any liabilities, damages, losses, costs, expenses, or claims whatsoever arising from your failure to give such notice as prescribed in the foregoing, or your failure to comply with Samsung’s instructions. You shall not steal other’s identity or otherwise collect other’s information. You are responsible for the quality, accuracy, and integrity of any data and other information that you submit to Samsung in the course of using the Software. In the event that you discover a vulnerability that affects the confidentiality, integrity, or the availability of the Software, you shall immediately contact Samsung and provide the relevant details required to recreate the vulnerability.
- 6. User Content
- You are solely responsible for ensuring that you have the necessary rights for any information, materials, documents, media files, or other content (“User Content”) that you may upload, transmit, create, post, display, or otherwise provide by using the Software. You will comply with all applicable laws and regulations, including copyright laws in using such User Content.
- 7. Termination
- This Agreement is effective until its termination. By not complying with this Agreement, your rights based on this Agreement will be automatically terminated without prior notice from Samsung. You may terminate this Agreement at any time by closing your account. Following termination, you must stop using the Software and destroy all Software copies.
- Samsung reserves the right to change, suspend, remove, limit, or disable access to all or any portion of the Software’s functions at any time without notice or liability. In no way will Samsung be liable for the removal or disabling of the functions of the Software or any portion thereof.
- 8. Warranty Disclaimer
- To the extent not prohibited under applicable law, Samsung does not provide any warranty related to the accuracy, trustworthiness, or stability of the 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 wilful or grossly negligent acts or omissions by Samsung.
- You clearly state and agree that you shall use the Software specified above under your responsibility and also that you are entirely responsible for the satisfaction, performance, accuracy, or effort required and its resulting quality.
- To the maximum extent permitted under applicable law, the Software is offered “AS IS” without any other types of warranty. In addition, Samsung and the Samsung Licensor hereby disclaim all warranties and conditions with respect to the Software either expressed, 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 third party rights.
- Functions in the Software may not satisfy all of your requirements. Errors may occur during the operation of the Software that Samsung may address in an upgrade, in accordance with its programmed modification schedule. However, this does not indicate that it will fix all Software errors. Even if Samsung or the Samsung Licensor offer verbal or written information or advice, this shall not be deemed as a provision or offer to provide any express or implied warranty on the Software.
- 9. Limitation of Liability
- To the maximum extent not prohibited by applicable law, in no way shall Samsung 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 the Software or any errors during this use, or 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.
- 10. 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 the 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.
- 11. Entire Agreement and Controlling Language
- This Agreement comprises the entire agreement among parties to which Samsung grants the licence and shall supersede all agreements made earlier or simultaneously. Subject to Section 17, 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.
- 12. Assignment
- Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of Samsung. The foregoing shall not prohibit or restrict Samsung from assigning this Agreement in connection with a merger, assignment, sale of assets, or similar change of control transaction, or from assigning its rights or delegating its duties under this Agreement to its affiliate.
- 13. Software Update
- When there is an update of Software, Samsung may offer the updated version to end users. Functions may be added or the functions provided in the previous version may be deleted through the update whereby Samsung or the Samsung Licensor shall not be responsible for any damages caused by such deletion attributable to your negligence. In the event that updates are required for bug fixes, function enhancement, or the modification of programme code, you will be deemed to have consented that updates are automatically requested, downloaded, and implemented without notifying end users thereof.
- 14. Copyright
- Samsung or the Samsung Licensor holds all copyrights and property rights for the Software. All property rights and intellectual property rights of content 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 grant any licence to such content. Samsung holds all rights that are not expressly licensed to you.
- 15. Acknowledgement and Terms of Third Party Rights
- The Software may contain or be distributed with third party software covered by an open source software licence (“Open Source Software”) or other third party software (“Third Party Software”) covered by a different licence. If Open Source Software is included, the terms and conditions of this Agreement do not apply to the Open Source Software. If Third Party Software is included, the terms and conditions of this Agreement may not apply to Third Party Software. Acknowledgements, licensing terms, and additional disclaimers applicable to such material are contained in the “online” electronic documentation for the Software as provided below and governed by their respective terms.
- 15-1. Windows
- Apache License Version 2.0: http://www.apache.org/licenses/LICENSE-2.0
- Common Public License (lzma): https://www.eclipse.org/legal/cpl-v10.html
- LGPL 2.1 (OpenOBEX, FFmpeg, pthread-win32): https://www.gnu.org/licenses/old-licenses/lgpl-2.1.html
- Mozilla Public License 1.1 (cairo): https://www.mozilla.org/en-US/MPL/1.1/
- 15-2. macOS
- Apache License Version 2.0: http://www.apache.org/licenses/LICENSE-2.0
- LGPL 2.1 (FFmpeg): https://www.gnu.org/licenses/old-licenses/lgpl-2.1.html
- 16. Force Majeure
- Samsung shall not be liable in any respect for failures to perform hereunder due wholly or substantially to the elements, acts of God, labour disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, armed hostilities, riots, and other unavoidable events beyond the control of Samsung, and the time for the performance of obligations hereunder, by Samsung, subject to such events shall be extended for the duration of such events.
- 17. Changes to the Terms and Conditions
- Samsung reserves the right, at its sole discretion, to modify, update, add to, discontinue, remove, or otherwise change any portion of this Agreement, at any time. When Samsung amends this Agreement, Samsung will revise the “last updated” date located at the bottom of this Agreement. For changes that are considered to be material, Samsung will provide a notice in accordance with Section 18. If you provide information to Samsung or access or use the Software in any way after this Agreement has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Agreement will supersede all previous versions.
- 18. Notice
- Unless otherwise provided herein, Samsung may issue notices to you by sending you an email, posting it on the relevant website, or advising you via the Software. In the event that a notice is to be issued to you by posting it on the website or advising you via the Software, Samsung, by displaying such a post for no less than seven (7) days, will have performed a legitimate method of issuing a notice.
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