PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
SAMSUNG MAGICIAN (“SOFTWARE”) PROVIDED BY SAMSUNG ELECTRONICS CO., LTD.
(“SAMSUNG”). IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS SAMSUNG
MAGICIAN SOFTWARE LICENSE AGREEMENT (“AGREEMENT”), DO NOT USE THE SOFTWARE.
1. LIMITED LICENSE
1.1 Samsung grants to you a nonexclusive, nontransferable and
royalty-free license to use the Software only with Samsung SSD
(Solid State Drive) products. You may not modify the Software;
reverse compile, reverse engineer, disassemble or reverse
assemble all or any portion of the Software; rent, lease, license,
sublicense, distribute, transfer or sell the Software; or create
derivative works of the Software.
1.2 The Software contains software that is licensed under BSD 2.0
or is in the public domain.
Except as expressly licensed above, no title, ownership, or
intellectual property rights of any kind, express or implied,
are transferred to you, and all right, title, and interest in
and to the Software remains with Samsung. The Software is
licensed to you and not sold. You must reproduce and include
all copyright notices and any other proprietary rights notices appearing
on the Software.
3. NO SUPPORT
Samsung is under no obligation to update, maintain, or provide new
versions or other support for the Software. Samsung may make changes to
the Software at any time without notice to you.
4. NO WARRANTY
The Software is provided “AS IS” without warranty of any kind.
SAMSUNG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD
PARTY RIGHTS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING
FOR ANY COURSE OF DEALING OR USAGE OF TRADE. SAMSUNG DOES
NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE,
SAMSUNG DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
5. NO LIABILITY
IN NO EVENT SHALL SAMSUNG OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF
YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SAMSUNG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is effective until terminated. This Agreement may be
terminated by you at any time by deleting the Software and discontinuing
its use, or by Samsung if you fail to cure any breach of this Agreement
within sixty (60) days’ written notice of breach by Samsung. Upon
termination, the licenses granted to you shall terminate, and
you shall cease all use and distribution of, and cease exercising
any and all other rights granted under this Agreement with respect
to, the Software.
This Agreement constitutes the entire agreement between Samsung
and you regarding the subject matter hereof and supersedes all
previous oral or written communications between the parties.
8. DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the
laws of the Republic of Korea, without regard to conflicts of laws
principles. All disputes, controversies or claims between the parties
arising out of or in connection with this Agreement (including
its existence, validity or termination) which cannot be amicably
settled shall be finally resolved by arbitration to be held in
Seoul, Korea in accordance with the Arbitration Rules of the Korean
Commercial Arbitration Board by one or more arbitrators. The arbitral
award shall be final and binding on the parties.
Samsung is not responsible for any loss or damage to your
computer, system, or application programs, arising from the use
of this application. Samsung also does not take any liability
for any kind of data loss and restoration that may occur during the
installation or execution of this Software. User of this application has
to take complete responsibili