Terms and Conditions

Samsung Account Terms and Conditions >>

Terms and Conditions for Buyers

1. Your use of our Services
  1. 1.1 Your use of the Samsung Apps website at www.samsungapps.com and any other application, software, services, websites, wap and other related services provided by us or any third party designated by us ("STORE") (collectively "Services" excluding any services provided to you by us, Samsung, under a separate written agreement) is subject to the terms set out below and any other terms applicable to you from time to time, including but not limited to, Samsung’s privacy policy (collectively "Terms").

    By using the Services, you can (1) download and access updates to certain applications already provided on your mobile phone as well as any related content, (2) download additional optional applications for your mobile phone, and (3)access content and other software applications (collectively "Applications").

    "We" or "Samsung" means Samsung Electronics GmbH, whose principal place of business is at Am Kronberger Hang 6 65824 Schwalbach/Ts., Germany. You may contact us at the Help menu of the STORE.

    It is important that you take the time to read these Terms. These Terms and any of the documents referred to in the Terms form the legally binding agreement between us relating to the Services and your use of the STORE.

    Most of the Applications within the STORE are produced by third parties but Samsung also supplies some of the Applications. In the former case, you will be contracting with the third party Application provider. In making these purchases, it is the third party and not Samsung who has the contractual obligation to you.
2. Accepting the Terms
  1. 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you will not be able to access the Services.
  2. 2.2 You may not use the Services and may not accept the Terms if (a) you are under 18 (but if you are between 13 and 18 and you have your parent’s consent, you may use the Services) (b) you are a person barred from receiving the Services under the applicable laws of the United Kingdom or the country in which you are resident or from which you use the Services or (c) you are in a country to which we do not provide the Services.
  3. 2.3 If you are between the ages of 13 and 18 and you use the Services, we may ask you to confirm that you have had your parent’s permission and that they have agreed to these Terms on your behalf - even if we do not do this, we shall assume that this is the case and will provide the Services on this basis.
3. Service Territory
  1. 3.1 The Service is available only in certain countries. If you are not in one of these countries, you may not use or attempt to use the Services. The STORE may use technologies to verify such compliance.
4. Registration for Services
  1. 4.1 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services, or as part of your continued use of the Services.
  2. 4.2 You may be required to provide a username using your email address, your date of birth and passwords to create your account with us ("STORE Account"). You understand that you are responsible for maintaining the confidentiality of your username, your date of birth and passwords. Accordingly, you agree that you will be solely responsible to Samsung for all activities that occur under your STORE Account and we are not responsible for problems with your STORE Account due to misuse of your username, the date of birth and/or passwords. If you become aware of, or suspect, any unauthorized use of your username, your date of birth, passwords or of your STORE Account, you agree to notify us immediately at the Help menu of the STORE.
  3. 4.3 Upon completion, verification and acceptance by us of your registration data you will be given STORE membership as a buyer.
  4. 4.4 You can opt for the credit card settings option when you submit your registration data or when you purchase Applications (by providing your credit card details at that point). Your credit card information and billing information will be stored, managed and kept by credit card companies or our payment gateway provider. Their privacy policies will apply in relation to your credit card information and other personal details submitted to them. Samsung does not store, manage and/or keep your credit card information.
  5. 4.5 If your residency does not match with your credit card details or phone billing details, you cannot purchase Applications.
  6. 4.6 You can also register as a seller using your Buyer ID. Additional terms apply to seller members of the STORE.
  7. 4.7 You can register with the STORE either on a computer or through your mobile device.
5. Privacy and your personal information
  1. 5.1 In order to make the Services available to you and process the transactions contemplated by these Terms, Samsung will have to collect information and/or personal data from you. This information may be subject to data privacy laws in your jurisdiction.
  2. 5.2 The data and/or information collected will be used in accordance with Samsung’s privacy policy. This policy explains how Samsung treats your personal information, and protects your privacy, when you use the Services.
  3. 5.3 You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. The STORE may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete.
  4. 5.4 You agree to the use of your data in accordance with Samsung’s privacy policies.
6. Ordering Applications using the STORE
  1. 6.1 To order Applications from the STORE, you will need to register with us and agree to these Terms. We only accept orders if you are 18 years or older (or if you are 13 or over but younger than 18, then when you are under parental supervision and on the understanding that a parent has agreed to these Terms on your behalf).
  2. 6.2 To order Applications, you will need to follow our ordering process. We only accept orders through this process.
  3. 6.3 On the STORE, we make available Applications either from third parties or Samsung developed Applications.
  4. 6.4 Third party Applications are licensed to you by the third party so your contract is with that third party. You will be told who this is when you buy the Application.
  5. 6.5 Samsung Applications are licensed to you by Samsung.
  6. 6.6 In both cases, you will pay the price for the Application to Samsung.
  7. 6.7 There will only be a legally binding order when we either deliver the Application to your device or we email you our order confirmation, whichever happens first. We are not obliged to accept your order.
7. License of Application
  1. 7.1 The contents, applications and other software applications made available through the Service are licensed, not sold, to you. Your license to each Application you obtain through the Service is subject to your acceptance of the Licensed Application End User License Agreement set forth below and you agree that the terms of this Licensed Application End User License Agreement will apply to each Application you license from the Services. The licensor reserves all rights not expressly granted to you.
  2. 7.2 You acknowledge that your license of each third party Application through the Services is a binding agreement between you and the third party Application provider only, and that third party Application provider is solely responsible for the Application, the content therein and warranties to the extent such warranties have not been disclaimed, and any claims you or any third party may have relating to that Application or your use of that Application. You acknowledge that Samsung is solely acting as agent for the third party Application provider in providing the Application to you; is not a party to such license, and is not responsible for the Application, the content therein, or any warranties or claims you or any third party may have relating to that Application or your use of that Application. Please note that the price charged for the Application is liable to change and the currency or price may vary depending on the country of your residency.
  3. 7.3 The Services license Applications to end user customers for non-commercial uses only. Applications may only be used on a single device but can be downloaded any number of times (provided that no more than one copy is installed on the single device at any one time) while the Applications are available for distribution through the STORE. For clarity, Applications may be withdrawn by Samsung in case of Applications provided by Samsung and/or third parties in case of Applications provided by third parties. Licences are non-transferable and non assignable.
  4. 7.4 You understand that the Services and Applications licensed through the Services, include a security framework using technology that protects digital information ("Security Framework"). Your usage of the Applications is limited to certain usage rules established by Samsung and its principals set out in these Terms. You acknowledge that your usage of the Applications is limited to such rules. You agree to use Applications in compliance with such rules.
8. System Requirements
  1. 8.1 Use of the Services requires a device which is compatible with the Services. Use of the Services may require a device such as a computer with the MultiStage application installed, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
9. Content Classification of Applications
  1. 9.1 Where applicable, we will try and provide a content classification for each Application we place on the STORE in accordance with applicable standard classification procedures in your jurisdiction. Where the Application is developed by a third party, we will rely on the classification provided by that third party.
10. Payment Methods
  1. 10.1 can pay for Applications either by credit card or by a mobile phone billing service.
  2. 10.2 Payment by mobile phone billing service includes P-Mo/MT. Such service may be limited or unavailable depending on mobile operators and/or telecommunication infrastructure of the country you reside in.
  3. 10.3 When you download Applications by mobile phone, Samsung shall send you an email invoice, SMS message or statement specifically setting out the price you should pay for the Applications only, exclusive of the telecommunication charges which shall be billed by the relevant mobile operator. Samsung is not liable for the telecommunication charges.
  4. 10.4 Your use of Services may entail transmission of data through services provided by mobile operators you use. Therefore, they may charge you for use of their services by way of mobile phone billing. If you license Applications by credit card, credit card companies will invoice you for the price paid for the license.
11. AGREEMENT TO PAY
  1. 11.1 You agree to pay for all Applications you license through the Services, and that Samsung may charge your payment card or credit card setting account for any Applications licensed, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Samsung with valid mobile phone billing account or credit card setting account details for payment of all fees. All fees will be billed to the mobile phone billing account or the credit card settings account, you designate during the registration process. If you want to designate a different mobile phone billing account or if there is a change in your mobile phone billing account or credit card settings account status, you must change your mobile phone billing account or credit card settings account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Samsung can verify the validity of the new mobile phone billing account or credit card settings account information.)
12. Refund Policy and cancellation rights
  1. 12.1 Applications successfully purchased are not subject to refund or cancellation.

    If an Application has a material defect, the Application will be replaced, downloaded again or a coupon will be provided for an equivalent value to the purchase.
13. VAT
  1. 13.1 Payment for Applications is inclusive of value added tax at the applicable rate.
14. Proprietary rights
  1. 14.1 You acknowledge and agree that Samsung (or Samsung’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  2. 14.2 Unless you have agreed otherwise in writing with Samsung, nothing in these Terms gives you a right to use any of Samsung’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
  3. 14.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Samsung, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of these Terms, and Samsung's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.Samsung.com/permissions/guidelines.html (or such other URL as Samsung may provide for this purpose from time to time).
  4. 14.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
  5. 14.5 Unless you have been expressly authorized to do so in writing by Samsung, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
15. Software updates and availability of Services
  1. 15.1 The software which you use during the Services may automatically download and install updates from time to time from Samsung. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Samsung to deliver these to you) as part of your use of the Services.
  2. 15.2 Samsung reserves the right, in its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. Samsung may also decide to discontinue the Services or any part thereof in its sole discretion. In such case, you will be provided with prior notification.
16. Ending your relationship with Samsung
  1. 16.1 This Agreement will continue to apply until terminated by either you or Samsung as set out below.
  2. 16.2 If you want to terminate the Agreement, you may do so by (a) notifying Samsung of your intention to terminate and (b) closing your STORE Accounts for all of the Services which you use by going through the process set out in this section, where Samsung has made this option available to you. You should notify us at the Help menu of the STORE. Upon receipt of your notice, we will give you a notice of closure of your STORE Account by email and your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.
  3. 16.3 Samsung may at any time, terminate the Agreement with you by giving written notice of termination to the email address held in our records for you. Following delivery of this email notice, your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.
17. Liability
  1. 17.1 Nothing in these Terms excludes our liability (if any) to you for:
    • personal injury or death resulting from our negligence;
    • fraud;
    • any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
    We do not warrant or guarantee that the Services will be:
    (a) compatible with all or any hardware and software which you may use;
    (b) available all the time or at any specific time, uninterrupted, secure or error free; or
    (c) suitable for your requirements or meet any specific level of performance or functionality
    We reserve the right to withdraw or modify the Services at any time.

    We are only liable to you for direct losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access the Services. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. In any event, our liability to you for any breach of this Agreement, negligence or other default shall not exceed the price of the Application in question.

    By using the Services, you agree to indemnify Samsung and other companies and corporations in the Samsung group against any costs, damage, claims, liabilities and expenses incurred as a result of your breach of these Terms, the privacy policy and/or any other applicable terms.

    The information, documents, software and other materials contained on the STORE website are provided "as is". We try and ensure that such materials are accurate and up to date, but we cannot be responsible for any errors, faults or inaccuracies. Our liability to you as explained above remains unaffected by this.

    To the fullest extent permitted by law, we expressly exclude all representations, conditions, warranties or other terms which apply to the Services and associated content/information including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose or non-infringement which might otherwise apply but for this clause.

    If in a relevant jurisdiction, these limitations and exclusions are not permitted then our liability shall be limited and excluded to the fullest extent permitted by law.

    NB: Nothing in these Terms shall affect your statutory rights as a consumer.
18. Copyright and trade mark policies
  1. 18.1 It is Samsung’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.
19. Advertisements
  1. 19.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
  2. 19.2 The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.
  3. 19.3 In consideration of Samsung granting you access to and use of the Services, you agree that Samsung may place such advertising on the Services.
20. Other content
  1. 20.1 The Services may include hyperlinks to other web sites or content or resources. Samsung may have no control over any web sites or resources which are provided by companies or persons other than Samsung.
  2. 20.2 You acknowledge and agree that Samsung is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  3. 20.3 You acknowledge and agree that Samsung is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
21. Changes to the Terms
  1. 21.1 Samsung may make changes to the Terms from time to time. When these changes are made, Samsung will make a new copy of the Terms available at the STORE and any new additional terms will be made available to you from within, or through, the affected Services.
  2. 21.2 You understand and agree that if you use the Services after the date on which the Terms changed, Samsung will treat your use as acceptance of the updated Terms.
22. General legal terms
  1. 22.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
  2. 22.2 The Terms and the other documents referred to within the Terms constitute the whole legal agreement between you and Samsung and govern your use of the Services (but excluding any services which Samsung may provide to you under a separate written agreement), and completely replace any prior agreements between you and Samsung in relation to the Services.
  3. 22.3 You agree that Samsung may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
  4. 22.4 You agree that if Samsung does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Samsung has the benefit of under any applicable law), this will not be taken to be a formal waiver of Samsung’s rights and that those rights or remedies will still be available to Samsung.
  5. 22.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  6. 22.6 You acknowledge and agree that each Samsung affiliated company shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. For the purposes of this Agreement, an affiliated company of Samsung is any company, corporation, firm, partnership or other entity that controls Samsung, is controlled by Samsung or is under common control with Samsung; the term controls and controlled meaning the ability to direct the management of the relevant entity.
  7. 22.7 You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during its term.
  8. 22.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  9. 22.9 The Terms, and your relationship with Samsung under the Terms, shall be governed by the laws of England and Wales without regard to its conflict of laws provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in London to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Samsung shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Licensed Application End User License Agreement

1. APPLICATION
  1. 1.1 This end user Application licence ("Licence") allows you to use content and other Applications ("Applications") made available on Samsung’s Application Store ("Store") subject to the terms of the Licence. This Licence is a legally binding agreement between you and Samsung Electronics GmbH[Samsung Electronics (UK) Limited] (the "Licensor").
2. LICENCE
  1. 2.1 Licensor grants you for the term of this Licence a limited, personal, non-exclusive, non-transferable licence to:
    • use the Application in object code executable only form on a single device for non-commercial uses;
    • 2.1.2 download the Application any number of times onto a single device (provided that no more than one copy is installed on the single device at any one time) (provided that no more than one copy is installed on the single device at any one time) while the Applications are available for distribution through the Store. For clarity, Applications may be withdrawn by Samsung in case of Applications provided by Samsung and/or third parties in case of Applications provided by third parties. This Licence will apply to such copies as it applies to the original copy of the Application installed by you.
  2. 2.2 All rights not expressly granted to you under this Licence are reserved to Licensor, and you agree not to take or permit any action with respect to the Application that is not expressly authorised under this Licence. For the avoidance of doubt, you have no right to use, incorporate into other products, copy, modify, translate or transfer to any third party the Application or any modification, adaptation or copy of the Application or any part thereof, nor to decompile, reverse engineer, or disassemble the binary code of the Application, either in whole or in part, except as expressly provided in this Licence.
  3. 2.3 The Application is licensed to you only. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Application, on a temporary or permanent basis without the prior written consent of Licensor.
3. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
  1. 3.1 Your only right to use the Application is by virtue of this Licence and you acknowledge that all intellectual property rights in or relating to the Application and all parts of the Application are and shall remain the exclusive property of Licensor or its licensors.
  2. 3.2 You agree that you will not remove or alter any copyright notices or similar proprietary devices, including without limitation any electronic watermarks or other identifiers, that may be incorporated in the Application or any copy of the Application.
4. CONFIDENTIALITY
  1. 4.1 The structure, organisation and source code of the Application are the valuable trade secrets and proprietary confidential information of Licensor and its licensors. You agree not to provide or disclose any such confidential information in the Application or derived from it to any third party.
  2. 4.2 The provisions of clause 4.1 will not apply to any information which is:
    • lawfully obtained free of any duty of confidentiality (otherwise than directly or indirectly from Licensor); or
    • already in your possession, provided that Licensee can show such possession from written records (other than as a result of a breach of this clause 4); or
    • which you can demonstrate is in the public domain (other than as a result of a breach of this clause 4).
  3. 4.3 To the extent that any information is necessarily disclosed pursuant to a statutory or regulatory obligation or court order, such disclosure shall not be a breach of this clause 4 provided you do what you can to prevent any such disclosure.
5. WARRANTY AND HELP
  1. 5.1 The Application is provided "as is" with no representation, guarantee or warranty of any kind as to its functionality or that it does not and will not infringe any third party rights (including intellectual property rights). Licensor has no obligation under this Licence to provide technical or other support to you.
6. LIMITATION AND EXCLUSION OF LIABILITY
  1. 6.1 Licensor does not exclude its liability (if any) to you:
    • for personal injury or death resulting from Licensor’s negligence;
    • for fraud; or
    • for any matter for which it would be illegal for Licensor to exclude or to attempt to exclude its liability.
  2. 6.2 Licensor makes no express warranties with respect to the Application and Licensor hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Application will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this Licence) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this Licence you assume the entire risk as to the quality and performance of the Application.
  3. 6.3 Subject to clause 6.1 Licensor will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
    • the Application, or the manufacture or sale or supply, or failure or delay in supply, of the Application by Licensor or on the part of Licensor’s employees, agents or sub-contractors;
    • any breach by Licensor of any of the express or implied terms of this Licence;
    • any use made of the Application; or
    • any statement made or not made, or advice given or not given, by or on behalf of Licensor.
  4. 6.4 Subject to clause 6.1 and without prejudice to clauses 6.2 and 6.3, Licensor’s aggregate liability under this Licence (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by Licensor’s negligence) will be limited to the higher of the price paid by you to use the Application or €50.
  5. 6.5 You acknowledge that the above provisions of this clause 6 are reasonable given the charges made (if any) for the Application and you will accept such risk and/or insure accordingly.
  6. 6.6 Any rights that you have as a consumer are not affected by this clause 6.
7. TERM AND TERMINATION
  1. 7.1 This Licence shall commence upon the earlier of your acceptance of this Licence or your installation of the Application and shall continue until terminated in accordance with clause 7.2 or otherwise in accordance with this Licence.
  2. 7.2 This Licence will terminate automatically if fail to comply with any term or condition of this Licence or if you uninstall/destroy or voluntarily return the Application to Licensor.
  3. 7.3 Upon termination of this Licence for any reason whatsoever you must uninstall the Application and destroy, and upon request of Licensor certify the destruction of, all copies of the Application including all components of it in your possession.
  4. 7.4 The termination of this Licence howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. Clauses 2.2, 2.3, 3, 4, 5, 6, 7.3, 8, 9 and 10 of this Licence will continue to be enforceable notwithstanding termination.
8. GOVERNING LAW AND JURISDICTION
  1. 8.1 The formation, existence, construction, performance, validity and all aspects whatsoever of this Licence or of any term of this Licence will be governed by the law of England and Wales.
  2. 8.2 The courts of England and Wales will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Licence. The parties irrevocably agree to submit to that jurisdiction.
9. COMPLIANCE WITH APPLICABLE LAW
  1. 9.1 You acknowledge and agree that notwithstanding the fact that this Licence is governed by the laws of England and Wales, you may be subject to additional laws in other jurisdictions with respect to your use of the Application. You will comply with the laws of any jurisdiction that apply to the Application, including without limitation any applicable export laws or regulations.
10. GENERAL
  1. 10.1 If any clause or part of this Licence is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Licence and will be ineffective without, as far as is possible, modifying any other clause or part of this Licence and this will not affect any other provisions of this Licence which will remain in full force and effect.
  2. 10.2 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
  3. 10.3 The exclusions and limitations of liability shall also be deemed to benefit Samsung Electronics who may rely on these terms as a third party beneficiary. Apart from this, the parties to this Licence do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
  4. 10.4 This Licence contains all the terms which the parties have agreed in relation to the subject matter of this Licence and supersedes any prior written or oral agreements, representations or understandings between the parties in relation to such subject matter.
  5. 10.5 Licensor reserves the right to revise the terms of this Licence by updating the Licence on its web site, or by notifying you by post or by e-mail. You are advised to check this Licence periodically for notices concerning revisions. Your continued use of the Application shall be deemed to constitute acceptance of any revised terms.
  6. 10.6 You will be deemed to have accepted the terms of this Licence by installing the Application onto any device.
Last updated : 30 July 2010