Samsung SM-T537AYKAATT User Manual

Page 39

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Warranty Information 35

14. 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 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 Convention 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 person’s or entity’s 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 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 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

T537A_H&S.book Page 35 Friday, May 2, 2014 1:52 PM

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