Samsung Smart Switch End User License Agreement

Samsung Smart Switch is a two-part migration tool (with a personal computer portion
and a mobile application portion) ("Smart Switch") that enables you to transfer
your data, such as contact information and schedule data, as well as other content,
such as music, videos and photos owned, controlled or possessed by you ("Content"),
to devices manufactured by or on behalf of Samsung Electronics Co., Ltd. and its
affiliates (collectively, "Samsung", "we", "us" or "our") including cell phones,
MP3 players and other mobile electronic devices. Smart Switch will also match and
recommend Android applications to you based on your existing applications.
Please read this Samsung Smart Switch End User License Agreement (the "Agreement")
carefully before using Smart Switch as it contains important information and
constitutes a binding legal agreement between you and Samsung. Your use of Smart
Switch is also subject to Samsung's Privacy Policy located at
[http://account.samsung.com/membership/pp].
By downloading or using Smart Switch, you agree to comply with the Agreement. If
you do not agree, you may not download or use Smart Switch. Samsung may modify this
Agreement from time to time with notice to you. You should periodically review this
Agreement. If you continue to access or use Smart Switch after such modification,
you will be deemed to have read, understood and unconditionally agreed to the
modification.
If you are under the age of 13, you may not use Smart Switch. If you are 13 or
older but under the age of majority in your jurisdiction, you must review this
Agreement with your parent or legal guardian to be sure you and your parent or
guardian understand and consent to this Agreement. If you are a parent or guardian
permitting a person under the age of majority in your jurisdiction ("Minor") to use
Smart Switch, you agree to: (i) exercise supervision over the Minor's use of Smart
Switch; (ii) assume all risks associated with the Minor's use of the Smart Switch,
including the transmission of Content via the Internet; (iii) assume any liability
resulting from the Minor's use of Smart Switch; (iv) ensure the accuracy and
truthfulness of all information submitted by the Minor; and (v) assume
responsibility and be bound by this Agreement for the Minor's access and use of
Smart Switch.

1. General
1.1 Smart Switch is licensed to you, not sold. All rights not expressly granted to
you hereunder shall belong to Samsung. The terms of this Agreement will also govern
any Smart Switch software upgrades, modifications, and updates, unless such
upgrade, modification or update is accompanied by a separate agreement in which
case the terms of that agreement will govern. Samsung shall nevertheless be under
no obligation to provide any upgrades, modifications or updates to Smart Switch.
Smart Switch will also match and recommend Android applications based on
applications you've installed, and it may add convenient features.
1.2 Smart Switch may be used for the purpose of reproduction. You may transfer data
such as contacts, schedules, memos, messages, multimedia, documents, application
data (ID, password, and usage history), and content owned, controlled, or possessed
by you from your old device to the new device. You may only use Smart Switch to
reproduce non-copyrighted materials, materials in which you own the copyright, or
materials you have the right or legal approval for reproduction. You acknowledge
that certain Content may be provided by third parties and subject to the applicable
usage rules and agreements between you and the third party Content providers.
Samsung shall have no responsibility or liability relating to your use of third
party Content.
1.3 For data transfer, Smart Switch uses Wi-Fi, mobile AP, Bluetooth or mobile
network, as applicable. If you want to avoid any use of network data, then you
should choose the "Wi-Fi Only" option in the Setting.

2. License
Subject to the terms and conditions of this Agreement, you are granted a revocable,
limited, non-transferable, non-exclusive license to install and use Smart Switch
for your personal and non-commercial use. Subject to the restrictions in Section 3,
you may only use Smart Switch on computers and devices which you own, lease, or
otherwise control.

3. License Restrictions
You may not reverse engineer, copy, decompile, disassemble, derive the source code
of, modify, adapt, capture, reproduce, publicly display, publicly perform,
transfer, sell, license, create derivative works from or based upon, republish,
upload, edit, post, transmit, distribute, exploit, circumvent or translate (or
attempt, encourage or assist any other person to do any of the foregoing), in whole
or in part, Smart Switch, save for as expressly permitted by applicable mandatory
law. You shall not use Smart Switch for nuclear energy equipment, air traffic
control, the operation of communication systems, public transportation control,
life support devices, or other devices that may cause deaths, injuries or severe
physical or environmental losses in the event that this Smart Switch fails to
perform in such devices. Any attempt to do so shall be deemed a violation of this
Agreement and you assume all risk and liabilities associated with such use.

4. Intellectual Property
4.1 Ownership. You acknowledge that Smart Switch is proprietary to Samsung, and is
protected under applicable copyright, trade mark, trade secret, patent and other
intellectual property laws ("IP Laws"). You further acknowledge and agree that, as
between you and Samsung, Samsung owns and shall continue to own all right, title
and interest in and to Smart Switch, including associated intellectual property
rights under applicable IP laws. This Agreement does not grant you any ownership
interest in or to Smart Switch, but only a limited right of use that is revocable
in accordance with the terms of this Agreement. You will not use such proprietary
information or materials in any way whatsoever except as in compliance with the
terms of this Agreement.
4.2 Trademarks. All Samsung trademarks, service marks, graphics and logos used in
connection with Smart Switch and otherwise are trademarks or registered trademarks
of Samsung in the U.S. and/or other countries. This Agreement does not grant you
any right, title or interest in such trademarks, service marks, graphics or logos.
4.3 Third Party Software. Smart Switch utilizes or includes third party software or
other copyrighted materials. Acknowledgements, licensing terms and disclaimers for
such material are contained in the "online" electronic documentation for Smart
Switch or may otherwise accompany such third party software or materials.
4.4 Smart Switch is neither affiliated with nor endorsed by Apple, Inc. Certain
content (such as DRM protected content) may not be compatible. Consult any
applicable terms and conditions with your content providers to ensure that you have
rights to transfer content off your previous device.

5. Consent for Data Collection and Use

You agree that Samsung and its authorized third party service provider may, in
accordance with applicable laws, collect and use data relating to your use of the
Smart Switch. This data may include, but is not limited to error information and
service management related information (such as usage pattern, frequency of use for
a particular function, frequency of installation/uninstallation, etc.). This data
may be used in order to create enhancements and updates (if deemed appropriate by
Samsung), provide service improvements and upgrades (if deemed appropriate by
Samsung), provide customer support services, and other necessary or desirable
services relating to the operation of Smart Switch, to confirm that you are using
Smart Switch in accordance with the terms and conditions of this Agreement, or
otherwise in accordance with our Privacy Policy. You agree not to block,
electronically or otherwise, the transmission of data required for compliance with
this Agreement. Any blocking of data required for compliance under this Agreement
is considered to be a violation of this Agreement and may result in immediate
termination of this Agreement.
6. Termination
6.1 Duration. This Agreement is effective upon you accessing Smart Switch and has
no predetermined termination date and may continue until such time as Samsung
decides to terminate Smart Switch or this Agreement is terminated consistent with
the terms herein.
6.2 Termination by Samsung. If you fail, or Samsung reasonably suspects that you
have failed to comply with any of the provisions of this Agreement, without
limiting Samsung's other rights and remedies, all of which are expressly reserved,
Samsung, at its sole discretion and without notice to you, may discontinue your
access to Smart Switch and terminate this Agreement.
6.3 Right To Modify, Suspend or Discontinue Service. Samsung reserves the right to
modify, suspend or discontinue Smart Switch in whole or in part, at any time with
or without notice to you, and Samsung will not be liable to you or to any third
party if it exercises such rights at its sole discretion.

7. Disclaimers
TO THE EXTENT PERMITTED BY LAW, SMART SWITCH IS PROVIDED "AS IS", "WHERE IS" AND
"AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG MAKES NO REPRESENTATIONS
OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED,
REGARDING SMART SWITCH, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE
FOREGOING DISCLAIMERS, SAMSUNG DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT:
(A) THE USE OF SMART SWITCH WILL NOT CAUSE ANY DAMAGE, INCLUDING DATA LOSS, TO YOUR
COMPUTER OR DEVICES, OR TO ANY SERVICES OR SOFTWARE USED BY YOUR COMPUTER OR
DEVICES, OR TO ANY APPLICATIONS AND CONTENT THAT RESIDE ON YOUR COMPUTER OR
DEVICES; OR
(B) SMART SWITCH WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-
FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR
ERRORS, OR (iii) WILL BE IMMUNE (INCLUDING CONTENT YOU TRANSFER) FROM UNAUTHORIZED
ACCESS.
Except as stated in the foregoing sentence, you agree you will use Smart Switch at
your own risk.

8. Indemnification
You will, at your own expense, indemnify, release and hold Samsung, its licensors,
parent, subsidiaries and affiliates, and all officers, directors, and employees
thereof, and any party acting on Samsung's behalf, harmless from and against any
and all third party claims, actions, liabilities, losses, damages, judgments,
grants, costs and expenses, including reasonable attorneys' fees arising out of (i)
your use of Smart Switch or use by any person that you allow to use Smart Switch
that is not in accordance with the terms of this Agreement, (ii) any breach of this
Agreement by you or by any person that you allow to use Smart Switch, or (iii) any
violation of any laws or regulations or the rights of any third party by you or by
any person that you allow to use the Smart Switch.

9. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE
LIABLE TO YOU OR ANY PARTY YOU ALLOW TO USE SMART SWITCH FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS,
EVEN IF EACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION,
BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL
PROPERTY INFRINGEMENT OR ANY OTHER THEORY. THIS MEANS YOU WILL NOT SEEK, AND HEREBY
WAIVE, ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE OR PUNITIVE DAMAGES FROM
SAMSUNG, ITS LICENSORS OR CONTENT PROVIDERS. SAMSUNG'S TOTAL CUMULATIVE LIABILITY
ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF SMART SWITCH SHALL NOT
EXCEED $100 DOLLARS USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY
FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
MAY NOT APPLY TO YOU.

10. Compliance
Your use of Smart Switch must comply with all applicable laws and regulations.
Without limiting the generality of the foregoing, you must comply with all
applicable laws, regulations, rulings and executive orders of any governmental
authority relating to the exportation or importation of Smart Switch and Content,
including but not limited to the export and destination control regulations of the
United States.

11. Other Terms

11.1 Entire Agreement. This Agreement constitutes the entire agreement between you
and Samsung with regards to Smart Switch. If any provision or term of this
Agreement is held to be invalid, illegal or unenforceable, the validity, legality
and enforceability of the remainder of this Agreement shall not be affected. You
may be subject to additional terms and conditions that govern you use of third
party services, content or software (including Content you transfer).
11.2 Headings. The headings contained in this Agreement are for reference purposes
only and shall not affect the meaning or interpretation of this Agreement.
11.3 No Waiver. Any failure by Samsung to enforce any rights granted or
restrictions imposed hereunder or to take action against a user in the event of any
breach hereunder shall not be deemed a waiver by Samsung as to subsequent
enforcement of rights or subsequent actions in the event of future breaches.