Via the Phone

This software is available for you to download from Vodafone Limited and is the latest release, however, it is highly recommended that you use the specific version that Vodafone New Zealand Limited suggests.

File Size: 15.5MB
Last Updated: 06.11.2008

End-User License Agreement

PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON. BY CLICKING ON THE "ACCEPT" BUTTON YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THESE.

1. Definitions
In these terms and conditions the following words shall have the following meanings: "Services" means data transmission and other services offered by Vodafone under an airtime contract or otherwise; "Software" means the "Via the Phone" software together with RIM's Third Party Software as further specified in the Annex which is downloaded by you by itself from a Vodafone website or supplied to you on a hardware device or on any other media either by itself or together with the device; "Third Party Software" means the software further specified in the Annex which is in some cases licensed directly from the third party to you upon the additional terms and conditions which are also set out in the Annex; "we" "us" "Vodafone" means Vodafone New Zealand Limited; "you" means the person using the Software.

2. Licence to Use
We grant you a revocable, non-exclusive, personal licence to use the object code version of the Software in connection with the Services. We do not accept any responsibility or liability nor grant any licence to use the Software with a SIM card which was not issued by us. You may not copy, modify, reverse engineer or decompile the Software or any part of it (save to the extent expressly permitted by law). You may not transfer, assign, sublicense, give away, loan, rent, lease or otherwise distribute or enable a third party to use the Software or any part of it.

You may make one copy of the Software for back up purposes.

You are solely responsible for taking prudent and appropriate measures to back up data and otherwise protect against loss of data.

The Software together with our SIM Card may be used by you to link into websites, resources and /or networks worldwide. We do not accept any responsibility for the content, services or any loss or damage you may suffer by using such websites and networks. You agree that you will not use the Software or any part of it in breach of any relevant laws or regulations (including without limitation any import or export laws and regulations) in the country in which you use the Services. Further you agree to keep secret and in a safe place any passwords or other access devices you may be provided with in order to prevent any unauthorised use of the Software. Depending on the type of device used, the Software will activate certain Third Party Software set out in the Annex. Unless specified in the Annex such Third Party Software is licensed upon the terms of this End-User Licence Agreement. However, certain Third Party Software is subject to the terms imposed by the software provider as set out in the Annex.

3. Termination
We reserve the right to terminate this Agreement at any time by giving notice to you. This Agreement shall also automatically terminate if you fail to comply with these terms and conditions or with the terms and conditions of any other contract pursuant to which we or our third party distributors have made the Software available to you. You may terminate it at any time by deleting the Software including any back up copies from all your devices.

Upon termination of this Agreement, you will cease to use the Software and delete the Software including any back-up copies from all your devices

4. Intellectual Property Rights
We (and all of our relevant licensors) own all of the copyright in the Via the Phone Software and the "Look and Feel" of the Via the Phone Software. VODAFONE, the Vodafone logo and Vodafone Mobile Connect are trade marks of the Vodafone Group. We and/or our other licensors as the case may be, own all the other copyright and trade marks. The fact that we have supplied you with the Software does not mean that we have transferred any of our or our licensors rights in the Software to you, we have simply permitted you to use it strictly on the terms and conditions of this licence.

5. Customer Services
If you need any help with the Product please call our customer service centre on 777 if you are using the Vodafone network, or 0800 800 021 if you are calling from a different network, or write to us at Vodafone New Zealand Limited, v.nue, 20 Viaduct Harbour Drive, Private Bag 92161, Auckland, New Zealand or see www.vodafone.co.nz

6. Unique Identifier
When you install this Software an anonymous unique identifier (UID) is created at random. The UID does not allow us to identify any individual users by name. It cannot be used to monitor which web sites have been visited or e-mail addresses contacted by users. Using this UID, the following types of non-personal information may be forwarded to us when you connect to our network:

1. Version and configuration of the Software
2. Connectivity methods, such as infrared and Bluetooth, and devices used
3. Web browser and email software version details
4. Laptop manufacturer product ID
5. Session information including duration and quality/success of connection at location where connection is initiated
6. When roaming, the country code and the mobile network to which you are connected.
7. Type of usage, for example internet browsing, file transfer, intranet access
8. IMEI (coded device identity)

This information will be stored on a secure server for the following purposes:

• From time to time we may need to update service related settings and this may be done without notification.
• You may be notified about various software updates and patches, every time you connect, weekly or monthly, depending on your preference. You will be given the choice whether or not to accept these. You may decide to download larger files/patches when you are connected via a faster internet connection such as your corporate LAN.
• Compiling anonymous aggregate information about usage to improve the service. If you do not want the UID to be used, then it is possible for you or your IT Manager to disable this function. However it should be noted that Vodafone may not be able to fully support the Services if this function is disabled, as we will not be aware of which updates or software patches you may need. Please find details on how to disable the UID function on the Vodafone support portal at www.business.vodafone.com.
  Please note that sending and receiving the above information will necessitate sending small amounts of data over your connection. You will be charged for this at your agreed rate and typical charges are provided at www.vodafone.co.nz.

7. Exclusion of warranties
To the fullest extent permitted by applicable law, the Software is furnished to you "as is" without any warranty, conditions, representations or other terms regarding the Software from our licensors. Neither we nor our licensors warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. To the extent permitted by law we and our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied or whether arising by statute, common law or otherwise. This clause does not affect your statutory rights.

8. Limitation of Liability
We will be liable to you if our negligence causes death or personal injury. In all other circumstances we or our licensors will not be liable to you for any compensation, reimbursement or damages on account of the loss of present or prospective profits, loss of revenue, turnover of sales; loss of good will; loss or damage to reputation; loss of contracts or customers; loss of anticipated savings; loss of or damages to data or programs or any other reasons whatsoever or indirect, special, incidental or consequential damages whether arising in tort (including negligence) or contract and even if we or our licensors have been informed of the possibility of such losses or damages.

9. Law and Jurisdiction
These terms and conditions shall be governed by the laws of New Zealand and the parties hereby irrevocably submit to the exclusive jurisdiction of the New Zealand courts.

10. Third Party Rights Clause Research in Motion Limited (RIM) shall be a named third party beneficiary in relation to the RIM Third Party Software and may in its own right and in its own name claim the benefit of and enforce all the provisions of this End User Licence Agreement in relation to its Third Party Software.

Annex

Section A

RIM device

The EULA set out above shall apply to RIMs USB driver software and virtual serial port driver and library software (RIMs Third Party Software). Such RIM Third Party Software will only be activated and is restricted to use of the Via the Phone Software with RIM Blackberry handheld devices.

Section B

Nokia device

In relation to Nokias Third Party Software which will only be activated and is restricted to use of the Via the Phone Software with Nokia devices, the following terms and conditions shall apply:

IMPORTANT INFORMATION ABOUT THE SOFTWARE YOU ARE ABOUT TO DOWNLOAD, INSTALL OR USE NOKIA CORPORATION END-USER SOFTWARE AGREEMENT

This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Nokia Corporation ("Nokia"). The Agreement authorises You to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, or downloaded from Nokias Web pages or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. Nokia continues to own the copy of the Software and the physical media contained in the sales package and any other copy that You are authorised to make pursuant to this Agreement.

Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the "I Accept" button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Nokia. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. SOFTWARE
As used in this Agreement, the term "Software" means, collectively: (i) the software product identified in the related documentation (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works ("Stock Files") (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, licensed to You by Nokia under this Agreement.

2. END-USER RIGHTS AND USE.
Nokia grants You non-exclusive, non-transferable end-user rights to install 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 terminal at a time.

No patent license to any patents of Nokia and/ or its Affiliates is granted under this Agreement except to the limited extent only that infringement or use of such claims of a patent cannot be avoided to the extent used by You in accordance with this Agreement.

3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative works of the Software except as follows:

(a) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

(b) You may not resell, sublicense, rent, lease, or lend the Software.

(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.

(d) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the Stock Files included with the Software. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Readme" files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof.

(e) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4. INTELLECTUAL PROPERTY RIGHTS.
The Software and all rights, without limitation including title and intellectual property rights therein, are owned by Nokia and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organisation, and code of the Software are the valuable trade secrets and confidential information of Nokia and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End-User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

You further acknowledge that this Software is licensed under the MPEG-4 Visual Patent Portfolio License (i) for personal and non-commercial use in connection with information which has been encoded in compliance with the MPEG-4 Visual Standard by a consumer engaged in a personal and non-commercial activity and (ii) for use in connection with MPEG-4 video provided by a licensed video provider. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses may be obtained from MPEG LA, LLC.

5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.
If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed shall be one computer. You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess valid end-user rights to such a previous version in order to use the Update, and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.

6. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at Your own cost, the Software, all backup copies, and all related materials provided by Nokia. Your end-user rights automatically and immediately terminate without notice from Nokia if You fail to comply with any provision of this Agreement. In such an event, You must immediately delete, destroy, or return at Your own cost, the Software, all backup copies, and all related material to Nokia.

7. AS IS/WARRANTY DISCLAIMER.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER NOKIA, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY NOKIA OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

8. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of Nokia other than as specifically set forth herein.

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOKIA OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO FIFTY EUROS (€50).

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Nokia's liability to You in the event of death or personal injury resulting from Nokia's negligence. Nokia is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 9, but in no other respects and for no other purpose

10. INDEMNITY.
You shall defend, indemnify and hold Nokia and its licensors harmless against any claims, damages, liabilities, losses, costs, suits or expenditures incurred by Nokia, its Affiliates, or licensors as a result of any infringement or alleged infringement of intellectual property rights of a third party or otherwise caused by Your use or exploitation of the Software.

11. TECHNICAL SUPPORT.
Nokia has no obligation to furnish You with technical support unless separately agreed in writing between You and Nokia.

12. EXPORT CONTROL.
The Software, including technical data, includes cryptographic software, classified as 5D992, subject to export controls under the U.S. Export Administration Regulations ("EAR") and may be subject to import or export controls in other countries. You agree to strictly comply with all applicable import and export regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, transfer, or import the Software.

13. NOTICES.
All notices and return of the Software and Documentation should be delivered to:
NOKIA CORPORATION
P.O. Box 100
FIN-00045 NOKIA GROUP
FINLAND

14. APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing by an authorised officer of Nokia, although Nokia may vary the terms of this Agreement.

This is the entire agreement between Nokia and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software.

Section C

Samsung device

In relation to Samsungs Third Party Software which will only be activated and is restricted to use of the Via the Phone Software with Samsung devices, the following terms and conditions shall apply:

SAMSUNG ELECTRONICS CO., LTD., END-USER SOFTWARE AGREEMENT
This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Samsung Electronics Co., LTD., ("Samsung"). The Agreement authorizes You to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, or downloaded from Samsungs Web pages or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. Samsung continues to own the copy of the Software and the physical media contained in the sales package and any other copy that You are authorized to make pursuant to this Agreement. Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the "I Accept" button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Samsung. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. SOFTWARE.
As used in this Agreement, the term "Software" means, collectively: (i) the software product identified in the related documentation (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works ("Stock Files") (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, licensed to You by Samsung under this Agreement.

2. END USER RIGHTS AND USE.
Samsung grants to You non-exclusive, non-transferable end-user rights to install the Software on the local hard disk(s) or other permanent storage media of one mobile phone and use the Software on a single mobile phone or terminal at a time. No patent license to any patents of Samsung and/ or its Affiliates is granted under this Agreement except to the limited extent only that infringement or use of such claims of a patent cannot be avoided to the extent used by You in accordance with this Agreement.

3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative works of the Software except as follows: (a) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement. (b) You may not resell, sublicense, rent or lease the Software. (c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software. (d) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the Stock Files included with the Software. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Readme" files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof. (e) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4. INTELLECTUAL PROPERTY RIGHTS.
The Software and all rights, without limitation including title and intellectual property rights therein, are owned by Samsung and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Samsung and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End-User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.
You may not rent, lease, sublicense or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess valid end-user rights to such a previous version in order to use the Update, and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.

6. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at Your own costs, the Software, all backup copies, and all related materials provided by Samsung. Your end-user rights automatically and immediately terminate without notice from Samsung if You fail to comply with any provision of this Agreement. In such an event, You must immediately delete, destroy, or return at Your own cost, the Software, all backup copies, and all related material to Samsung.

7. AS IS/WARRANTY DISCLAIMER.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER SAMSUNG, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY SAMSUNG OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

8. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of Samsung other than as specifically set forth herein.

9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAMSUNG, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SAMSUNG OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, SAMSUNG, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO FIFTY EUROS (€50).

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Samsung's liability to You in the event of death or personal injury resulting from Samsung's negligence. Samsung is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 9, but in no other respects and for no other purpose.

10. INDEMNITY.
You shall defend, indemnify and hold Samsung and its licensors harmless against any claims, damages, liabilities, losses, costs, suits or expenditures incurred by Samsung, its Affiliates, or licensors as a result of any infringement or alleged infringement of intellectual property rights of a third party or otherwise caused by Your use or exploitation of the Software.

11. TECHNICAL SUPPORT.
Samsung has no obligation to furnish You with technical support unless separately agreed in writing between You and Samsung.

12. EXPORT CONTROL.
You acknowledge that the Software may be subject to export restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Software and shall procure any necessary governmental authorizations, including without limitation any necessary licenses, approvals, permissions or consents, where necessary for re-exportation of the Licensed Software. You shall follow all export control laws and regulations relating to the Software and agree to not export, license or otherwise transfer the Software to any country where such transfer is prohibited by the United States Export Administration Act, or any successor legislation, or in violation of the laws of any other country. You acknowledge and understand that the Software is classified as "Commercial Computer Software" and the U.S. Government is acquiring only "Restricted Rights" in the Software.

13. NOTICES.
All notices and return of the Software and Documentation should be delivered to:
Samsung Electronics Co., LTD.
416, Maetan 3-dong, Yeongtong-gu
Suwon-si, Gyeonggi-do, 443-742, Korea

14. GENERAL PROVISIONS.
This Agreement may only be modified by a writing signed by an authorized officer of Samsung, although Samsung may vary the terms of this Agreement. This Agreement shall be governed by the laws of England and Wales.
This is the entire agreement between Samsung and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software.