Samsung SM-R805N Owner's manual

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Legal Information

(End User License Agreement, Privacy Policy)

www.samsung.com 08/2018

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Samsung Global Privacy Policy .……………………………………… 4

End User Licence Agreement

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Samsung Global Privacy Policy

User data processed by Samsung is governed by the Samsung Privacy Policy.

Learn more at https://account.samsung.com/membership/pp

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End User Licence Agreement (English – United Kingdom, Ireland,

Australia, New Zealand, South Africa)

Read carefully this End User Licence Agreement (the “Agreement”) before using Samsung

manufactured or branded wearable devices such as the Galaxy Watch and Galaxy Fit series

(collectively, “Wearable Device”), and Samsung wearable device manager applications (collectively,

“Manager”) as it contains important information.

This Agreement is a legal agreement between you (either an individual or a single entity) and

Samsung Electronics Co., Ltd. (“Samsung”) for software, owned by Samsung and its affiliated

companies and its third-party suppliers and licensors, that accompanies this Agreement, which

includes software and associated media, printed materials, “online” or electronic documentation in

connection with your use of the Wearable Device and/or the Manager (collectively, “Software”).

The Manager is a software program to connect your mobile device (the “Device”) to Wearable

Device and let you manage, control or update the software of the Wearable Device through the

Device. The Wearable Device requires the use of preloaded software in its normal operation. By

using the Wearable Device, the Manager or its preloaded software, you accept the terms of this

Agreement. If you do not accept these terms, do not use the Wearable Device, the Manager or its

preloaded software.

1. Service and Notices

Wearable Device itself or with connection to your Device provides various experiences. If you use

Wearable Device without phone connection, there might be some functional limitations.

As functions in Wearable Device and Device will be provided for the owner, so please be careful

of unauthorised access. When Wearable Device is connected to Device, each of them can transfer

user data to each other. Please be aware of the way to connect to/disconnect from device and

please disconnect your Wearable Device from Device if you do not need connection any longer

(Some wearable devices such as IconX may automatically connect to your Device.)

The services and/or features provided by the Wearable Device may vary or be limited depending

on your country, Device model, or network operator.

The Wearable Device and Manager may contain, or may be compatible with, certain Software for

general wellness and fitness management (“Fit Software”). The Wearable Device and the Fit

Software are intended for recreational purposes only, and are not intended for use in the

diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of

disease or any other medical purposes. Certain data derived from the Fit Software is for

informational purposes only and is not intended to be treated as a medical advice nor replace the

relationship between you and your physician or other medical care provider. Do not disregard

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professional medical advice nor delay in seeking it because of something you have learned

through the Fit Software.

Samsung is not liable for any injuries, damages, losses and/or costs suffered by users, which are

associated with the services and/or information, including recommendations, coaching, tips,

and/or guidelines, nor for the accuracy of any information provided or acquired by or accessed

through Fit Software. Samsung is not responsible for the accuracy of information contained in any

articles or materials appearing on external third party websites or reference materials, or for the

security or safety of using them. Reference to information contained on external third party

websites or other reference materials should be taken neither as an endorsement of the accuracy

of that information nor as an endorsement of the contents of that site or reference generally.You

acknowledge and agree that any information that you obtain from the use of the Wearable

Device, the Fit Software, or any application preloaded within, may not be suitable, accurate,

complete, or reliable.

2. Grant of License

Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive,

revocable license to install, use, access, display and run the Manager on your Device. You may

connect multiple Wearable Devices to a Device via the Manager, but you may not make the

Wearable Device available at the same time. Also, you may not connect a Wearable Device to

multiple Devices, including, but not limited to, PC.

Certain items of the Software may be subject to open source licenses. The open source license

provisions may override some of the terms of this Agreement.

3. Reservation of Rights and Ownership

Samsung reserves all rights not expressly granted to you in this Agreement. The Software is

protected by copyright and other intellectual property laws and treaties. Samsung owns the title,

copyright and other intellectual property rights in the Software. The Software is licensed, not sold.

4. Restrictions

You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the

source code or algorithms of, the Software or modify, or disable any features of, the Software, or

create derivative works based on the Software. You may not rent, lease, lend, sublicense or

provide commercial hosting services with the Software.

5. Updates, Change or Suspension of the Service

Samsung may, at any time, provide or make available updates or upgrades to the Service

(“Updates”), including without limitation bug fixes, service enhancements, new features, deletion

of existing functions, or modification of the Service. Updates will be governed by this Agreement

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unless separate terms and conditions are provided with such Updates, in which case that separate

terms and conditions shall govern the Updates. Updates for security software or critical bug fixes

or other important Updates may be automatically downloaded and installed given the importance

of receiving such Updates in a timely manner to help protect you and other users. Samsung

expressly reserves the right to change, suspend, remove, limit the use of or disable the access to

the Service or any portion thereof.

Samsung may provide to you or make available to you Software updates to the Wearable Device.

Generally you may update the Software of the Wearable Device by using the Manager, however in

some cases such as Galaxy IconX, you may update it by using PC Software.

To use the version provided through such Update, you must first be licensed for the software

eligible for Update. The updated 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 Updates will only be offered by your network carrier, and such Updates will be

governed by your contractual relationship with your network carrier. Update for security software

or critical bug fixes or other important Updates may be automatically downloaded and installed

given the importance of receiving such Updates in a timely manner.

6. Third-Party Services and ContentThird party services may also be available to you. Samsung

disclaims any warranty or representation to the Fit Software and any third party services’ contents,

accuracy, completeness, effectiveness, or compliance of any applicable laws or regulations.The use

of third-party services and content may be governed by the terms of use of the third-party

providers, or any licence agreements, privacy policies, or other such agreements. Certain portions

of the Service may be subject to open source licences, in which the terms of such open source

licences may precede the terms of this Agreement with respect to that portion of the Service.

7. Data Access

Some features of the Software may require your mobile device to have access to the internet and

may be subject to restrictions imposed by your network or internet provider. The Software may

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.

8. Software Transfer

You may not transfer this Agreement or the rights or obligations to the Software granted herein

to any third party unless it is in connection with the sale of the Wearable Device accompanied

with the Software. In such an event, the transfer must include all of the Software (including all

component parts, the media and printed materials, any upgrades, and this Agreement) and you

may not retain any copies of the Software. The transfer may not be an indirect transfer, such as a

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consignment. Prior to the transfer, the end user receiving the Software must agree to all terms of

the Agreement.

9. Compliance with Law

You acknowledge that the Manager or 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 Manager or the Software, including all the applicable export restriction laws and regulations.

10. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate

automatically without notice from Samsung if you fail to comply with any of the terms and

conditions of this Agreement. Upon termination of this Agreement, you must cease all use of the

Manager or the Software and destroy all copies of the Manager or the Software.

11. Disclaimer of Warranty

UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR

WEARABLE DEVICE, THE SOFTWARE PROVIDED BY SAMSUNG (WHETHER INCLUDED WITH THE

WEARABLE DEVICE, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED “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 SAMSUNG OF

WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM

SAMSUNG.

12. Samsung Applications and Services

Certain applications and/or services may be preloaded on or downloadable to your Wearable.

Such applications and/or services may require Samsung Service membership (“Samsung account”).

Your obligations and rights under Samsung account is set forth in separate terms and conditions

as well as privacy policy for Samsung account.

13. Limitation of Liability

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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, 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, 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 THE

FOREGOING, SAMSUNG’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, 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 ANY OTHER PROVISION OF THIS

AGREEMENT, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS

SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING

SECTIONS 11 AND 12) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

14. Applicable Law

This Agreement is governed by the laws of the jurisdiction where you are a resident, without

regard to its conflict of law provisions. This Agreement shall not be governed by the UN

Convention on Contracts for the International Sale of Goods, the application of which is expressly

excluded.

15. Dispute Resolution

If a dispute, controversy, or difference arising in any way from this Agreement 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.

16. Entire Agreement

This Agreement 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

Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal,

the other provisions shall continue in full force and effect.

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End User Licence Agreement (English – Canada)