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Samsung Galaxy Note 3 Owners Manual

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    							Warranty Information       234
    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 pers on’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 Ar bitration 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. 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 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. 
    						
    							235
    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 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 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 dis pute 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 benefi ts of the Limited Warranty. Severability
    If any portion of this Limited Warranty is held to be illegal or 
    unenforceable, such partial ille
    gality 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 informatio n 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. 
    						
    							Warranty Information       236
    Samsung Telecommunications America, LLC
    1301 E. Lookout Drive
    Richardson, Texas 75082
    Phone: 1-800-SAMSUNG
    Phone: 1-888-987-HELP (4357)
    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. (Samsu
    ng) for software, owned by 
    Samsung 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 in connection with  your use of this device 
    (Software). 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.
    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 th e 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 purpos es only; provided that the 
    backup copy must include all copyright or other proprietary 
    notices contained on the original.
    Certain items of the Software ma y be subject to open source 
    licenses. The open source license provisions may override 
    some of the terms of this EULA. We make the applicable 
    open source licenses available to you on the Legal Notices 
    section of the Settings menu of your device. 
    						
    							237
    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 not withstanding this limitation), 
    or modify, or disable any features of, the Software, or create 
    derivative works based on th e 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, such as IMEI(your devices 
    unique identification number), device number, model name, 
    customer code, access recording, your devices current SW 
    version, MCC (Mobile Country Code), MNC (Mobile Network 
    Code). Samsung and its affiliates may use this information 
    solely to improve their produc ts or to provide customized  services or technologies to you and will not disclose this 
    information in a form that personally identifies you. At all 
    times your information will be treated in accordance with 
    Samsungs Privacy Policy, which can be viewed at: 
    http://account.samsung.com/membership/pp.
    5. 
    SOFTWARE UPDATES. Samsung may provide to you or 
    make available to you updates, upgrades, supplements and 
    add-on components (if any) of the Software related to 
    security, including bug fixes,  service upgrades (parts or 
    whole), products or devices,  and updates and enhancements 
    to any software for security previously installed (including 
    entirely new versions), (collectively “Update”) after the date 
    you obtain your initial copy of the Software related to security 
    to improve such Software and ultimately enhance your user 
    experience with your device. This EULA applies to all and any 
    component of the Update that Samsung may provide to you 
    or make available to you after the date you obtain your initial 
    copy of the Software related to security, unless we provide 
    other terms along with such Update. To use Software related 
    to security provided through Update, you must first be 
    licensed for the Software identified by Samsung as eligible 
    for the Update. After the Update, you may no longer use the  
    						
    							Warranty Information       238
    Software that formed the basis for your Update eligibility. The 
    updated Software version may 
    add new functions and, in 
    some limited cases, may delete existing functions.
    While the Update will be generally available, in some limited 
    circumstances, the Software updates will only be offered by 
    your network carrier, and such Software updates will be 
    governed by your contractual relationship with your network 
    carrier.
    With the “Automatic Update”  function enabled (as in the 
    default setting in the Security menu in the Setting), your 
    device downloads some Updates automatically from time to 
    time. Given the importance of receiving Updates for security 
    software in a timely manner to  defend against new threats, 
    such Update may be automatically downloaded and installed. 
    We recommend that you check availability of any new 
    Updates periodically for optimal use of your device. If you 
    want to avoid any use of network data for the Update 
    downloads, then you should ch oose the “Wi-Fi Only” option 
    in the Setting.
    6. Some features of the Software may require your device to 
    have access to the internet and may be subject to 
    restrictions imposed by your ne twork or internet provider.  
    Unless your device is connected to the internet through Wi-Fi  connection, the Software will access through your mobile 
    network, which may result in 
    additional charges depending 
    on your payment plan. In addition, your enjoyment of some 
    features of the Software may be affected by the suitability 
    and performance of your device hardware or data access.
    7. 
    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.
    8. 
    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 all the 
    applicable export restriction laws and regulations.
    9. 
    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  
    						
    							239
    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.
    10. 
    DISCLAIMER OF WARRANTY. UNLESS SEPARATELY STATED 
    IN A WRITTEN EXPRESS LIMITED WARRANTY 
    ACCOMPANYING YOUR DEVICE, ALL SOFTWARE PROVIDED 
    BY SAMSUNG WITH THIS MO BILE DEVICE (WHETHER 
    INCLUDED WITH THE DEVICE, DOWNLOADED, OR 
    OTHERWISE OBTAINED)  IS PR OVIDED 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. 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 OR ITS AFFILIATES SHALL BE DEEMED TO ALTER 
    THIS DISCLAIMER BY SAMS
    UNG OF WARRANTY REGARDING 
    THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY 
    SORT FROM SAMSUNG.
    11. 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, you acknowledge and 
    agree that Samsung is not respon sible 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 risk and that the entire risk of unsatisfactory 
    quality, performance, accuracy a nd effort is with you. It is up 
    to you to take precautions to ensure that 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, marks, products, or services of 
    any third-parties are provided so lely 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 agree that Samsung shall not be  
    						
    							Warranty Information       240
    responsible or liable, directly or indirectly, for any damage or 
    loss, including but not limited to any damage to the mobile 
    device or loss of data, 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 DISCLAIMS ANY 
    RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR 
    ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION 
    PROVIDER. SAMSUNG 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.
    12. 
    SAMSUNG APPLICATIONS. Certain Samsung applications 
    and services may be included  with, or downloaded to, this 
    mobile device. Many of them  require Samsung Services  membership registration (Sa
    msung Account), and your 
    rights and obligations will be se t forth in separate Samsung 
    Account terms and conditions a nd privacy policies. There are 
    non-Samsung Account applications  and services that require 
    your consent to their separa te terms and conditions and 
    privacy policies. You expressly acknowledge and agree that 
    your use of such applications and services will be subject to 
    the applicable terms and conditions and privacy policies.
    13. 
    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 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, 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 EXCLUSIONS OR 
    LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING  
    						
    							241
    THE FOREGOING, SAMSUNG ELECTRONIC CO.S TOTAL 
    LIABILITY TO YOU FOR ALL LO
    SSES, 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 TH IRD PARTY APPLICATIONS ON 
    THIS MOBILE DEVICE, OR AN Y OTHER PROVISION OF THIS 
    EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID 
    SPECIFICALLY FOR THIS MOBI LE DEVICE OR ANY SUCH 
    THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS 
    MOBILE DEVICE. THE FOREGOING LIMITATIONS, 
    EXCLUSIONS, AND DISCLAIMERS  (INCLUDING SECTIONS 10, 
    11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENT 
    PERMITTED BY APPLICABLE LA W, EVEN IF ANY REMEDY 
    FAILS ITS ESSENTIAL PURPOSE.
    14. 
    U.S. GOVERNMENT END US ERS 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 on ly those rights as are granted 
    to all other end users pursuant to the terms and conditions 
    herein. All Software and Products are provided subject to 
    Federal Acquisition Regulation (FAR) 52.227.19. 15. 
    APPLICABLE LAW. This EULA is governed by the laws of 
    the jurisdiction where you are a  resident or, if a resident of 
    the United States, by the laws  of the state of Texas, without 
    regard to its conflict of law provisions. This EULA shall not be 
    governed by the UN Conven tion on Contracts for the 
    International Sale of Goods,  the application of which is 
    expressly excluded.
    16.  
    DISPUTE RESOLUTION.  
    (a) Non-United States  residents. If a dispute, controversy or 
    difference arising in any way from this EULA or your use of 
    the Software is not amicably settled, it shall be subject to the 
    non-exclusive jurisdiction of the courts of the jurisdiction 
    where you are a resident. Notwithstanding the foregoing, 
    Samsung may apply for injunctive  remedies (or an equivalent 
    type of urgent legal relief) in any jurisdiction.
    (b) United States residents.  ALL DISPUTES WITH SAMSUNG 
    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  
    						
    							Warranty Information       242
    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 Ar bitration 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 EULA and all disputes 
    that are subject to this arbitration provision. The arbitrator 
    shall decide all issues of interp retation 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 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 arbi trator 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 an
    d 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 th e arbitrators award in any 
    court of competent jurisdiction. This arbitration provision also 
    applies to claims against Samsungs employees, 
    representatives and affiliates if any such claim arises from 
    the licensing or use of the Software. 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 purchasers purchase of this device. 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 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 Serial Number can be found (i) on 
    the device box; (ii) on the device information screen, which 
    can be found under Settings; (iii) 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  
    						
    							243
    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 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 affe
    ct your use of the device or 
    its preloaded Software, and you will continue to enjoy the 
    benefits of this license.
    17. 
    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. [090413] 
    						
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