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Samsung Galaxy Note 2 Owners Manual

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    							Warranty Information       234
    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 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 WARRANTIE S 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 EQ UIPMENT 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 TH IRD-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 m ake 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. 
    						
    							235
    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 co mbined or consolidated with 
    a dispute involving any other person’s or entity’s Product or 
    claim, and specifica lly, 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 Arbi tration 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 arbitratio n provision and the Limited 
    Warranty. 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, ex
    pert 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 su ch 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. 
    						
    							Warranty Information       236
    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. 
    						
    							237
    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. 
    						
    							Warranty Information       238
    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 form 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. 
    						
    							239
    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  
    						
    							Warranty Information       240
    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 viruses, 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, wh ether 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  
    						
    							241
    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  
    						
    							Warranty Information       242
    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.  All 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  
    						
    							243
    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 date of  
    						
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