</description>
<copyright>
- Copyright (C) 2000 - 2011 Samsung Electronics Co., Ltd. All rights
+ Copyright (C) 2008 - 2011 Samsung Electronics Co., Ltd. All rights
reserved.
-
-Licensed under the Apache License, Version 2.0 (the "License");
+Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
-
http://www.apache.org/licenses/LICENSE-2.0
-
Unless required by applicable law or agreed to in writing, software
-distributed under the License is distributed on an "AS IS" BASIS,
-WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
-See the License for the specific language governing permissions and
+distributed under the License is distributed on an "AS IS" BASIS,
+WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express
+or implied.
+See the License for the specific language governing permissions
+and
limitations under the License.
-
Contributors:
- S-Core Co., Ltd
</copyright>
<license url="license.html">
- Tizen SOFTWARE DEVELOPMENT KIT ("SDK") LICENSE AGREEMENT
-April 25, 2011
-
-THIS SDK LICENSE AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN SAMSUNG ELECTRONICS CO., LTD., A KOREAN CORPORATION EXISTING AND ORGANIZED UNDER THE LAWS OF THE REPUBLIC OF KOREA HAVING ITS REGISTERED OFFICE AT 416 MAETAN 3 DONG YOUNGTONG KU SUWON CITY, GYOUNGKIDO, KOREA 442742 ("Licensor") AND LICENSEE. BY USING THE ENCLOSED SOFTWARE, LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST IMMEDIATELY CEASE USE OF THIS SOFTWARE AND RETURN ITS ENTIRE CONTENTS TOGETHER WITH ITS PACKAGING TO THE LICENSOR.
-
-WHEREAS, Licensee wishes to obtain a license to Tizen SDK, and Licensor ("Samsung") is willing to grant the license to Licensee subject to the following terms and conditions.
-
-For and in consideration of the promises and the mutual covenants and conditions set forth below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Samsung and Licensee agree to be bound as follows:
-
-1. Definitions
-
-1.1 "Affiliate" means an entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement, but only for so long as such control exists, and where "control" shall mean ownership of more than 50% of the stock or other equity interests entitled to vote for the election of directors or an equivalent governing body.
-
-1.2 "Open Source Software" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge.
-
-1.3 "Tizen" means a Linux operating system software developed by Samsung for use by Licensee in connection with Licensee's development and testing.
-
-1.4 "Tizen SDK" means the documentation, software, both source code and object code, applications, sample code, emulator, tools, libraries, APIs, data, files, and materials provided by Samsung to
-Licensee for use in connection with Licensee's application development, and includes any updates that may be provided by Samsung.
-
-2. License Grant
-
-2.1 Subject to the terms and conditions of this Agreement, Samsung hereby grants to Licensee a royalty-free, non-exclusive, non-transferable and worldwide license to use Tizen SDK in binary form, and sample application code and template code in source code form, solely to the extent necessary to develop applications for use with the Tizen.
-
-2.2 Subject to the terms and conditions of this Agreement, Samsung further grants to Licensee a royalty-free, non-exclusive, non-transferable and worldwide license to create derivative works of Tizen SDK sample application code and template code in source code form, solely to the extent necessary to develop applications for use with the Tizen ("Application").
+TIZEN SOFTWARE DEVELOPMENT KIT ("SDK") LICENSE AGREEMENT
-Licensee acknowledges and agrees, that absent a separate written agreement with Samsung, Licensee may not distribute any application developed using Tizen SDK.
-3. Restrictions
-The grant of license herein is strictly limited to development and implementation of applications for mobile devices using Tizen SDK. Except for the limited license granted to Licensee herein, all right, title and interest in and to Tizen SDK including the concepts and technology inherent in them, Samsung trademarks, copyrights, patents, trade secrets and other intellectual property, are, and at all times shall remain, the sole and exclusive property of Samsung. Except to the extent permitted under this Agreement or by applicable law, Licensee shall not: (i) allow third parties to access or use Tizen SDK or otherwise disclose it to third parties; (ii) modify, reverse assemble, reverse compile or reverse engineer any portion of Tizen SDK; (iii) lease, rent, copy, distribute or sublicense Tizen SDK; or (iv) remove, efface or obscure any copyright notices, logos or other proprietary notices or legends included in Tizen SDK. Licensee may not use any component part of Tizen SDK owned or licensed by a third party supplier as a standalone program or in any way independent from Tizen SDK.
+BEFORE YOU ("YOU" OR "LICENSEE") USE TIZEN SDK, PLEASE READ ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. YOUR USE OF TIZEN SDK IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH THEN COMMENCES WITH EFFECT AS A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD OR USE TIZEN SDK. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST IMMEDIATELY CEASE USE OF TIZEN SDK.
-Apart from the license rights expressly set forth in this Agreement, Samsung does not grant and Licensee does not receive, whether by implication, estoppel or otherwise, any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to Tizen SDK, nor in any copy of any part of the foregoing.
+1. Definitions.
-Samsung may extend, enhance, or otherwise modify Tizen SDK at any time without notice. If updates are made available by Samsung, the terms of this Agreement will govern such updates, unless the
-update is accompanied by a separate license, in which case the terms of that license will govern. Samsung is not obligated to provide any maintenance, technical or other support for Tizen SDK. Licensee acknowledges that Samsung has no express or implied obligation to announce or make available any updates to Tizen SDK.
+1.1 "Affiliate" means an entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement, but only for so long as such control exists, and where "control" shall mean ownership of more than 50% of the stock or other equity interests entitled to vote for the election of directors or an equivalent governing body.
-4. Feedback
+1.2 "Open Source Software" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge.
-By providing any comments, suggestions, improvements or any other information in connection with Tizen SDK and documentation provided to Licensee (collectively "Feedback"), Licensee grants to Samsung a worldwide, perpetual, irrevocable, sublicenseable, royalty-free license, under all of Licensee's intellectual property rights, to copy, modify, create derivative works of, sell, import and otherwise dispose of, such Feedback.
+1.3 "Tizen Platform" means Linux operating system software developed by Samsung for use by Licensee in connection with Licensee’s development and testing.
-5. Open Source Software
+1.4 "Tizen SDK" includes the documentation, software, both source code and object code, applications, sample code, simulator, tools, libraries, APIs, data, files, and materials provided by Samsung to Licensee for use in connection with Licensee’s application development, and includes any updates that may be provided by Samsung.
-Licensee hereby acknowledges that Tizen SDK may contain Open Source Software. Licensee agrees to review any documentation that accompanies Tizen SDK in order to determine which portions of
-Tizen SDK are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Samsung provide Developer the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to Licensee in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software. Licensee acknowledges that the Open Source Software license is solely between Licensee and the applicable licensor of the Open Source Software. Licensee shall comply with the terms of all applicable Open Source Software licenses, if any.
+2. License Grant.
-6. DISCLAIMER OF WARRANTY
+2.1 Subject to the terms and conditions of this Agreement, Samsung hereby grants to Licensee a royalty-free, non-exclusive, non-transferable and worldwide license to use Tizen SDK for development of applications to run on the Tizen Platform ("Application").
-Tizen SDK, AND ANY GOODS OR SERVICES THAT LICENSEE MAY RECEIVE FROM SAMSUNG IN CONNECTION WITH THIS AGREEMENT, ARE PROVIDED "AS IS." SAMSUNG DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. SAMSUNG DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION IS ERROR FREE. SAMSUNG MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO Tizen SDK, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO INFORMATION OR ADVICE GIVEN BY SAMSUNG OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY.
+3. Restrictions.
-TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE'S GRANT OF LICENSE HEREIN, OR INABILITY TO USE Tizen SDK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF Tizen SDK, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
+3.1 Except for the limited license granted to Licensee herein, all right, title and interest in and to Tizen SDK including the concepts and technology inherent in them, Samsung trademarks, copyrights, patents, trade secrets and other intellectual property, are, and at all times shall remain, the sole and exclusive property of Samsung. Except to the extent permitted under this Agreement or by applicable law, Licensee shall not: (i) allow third parties to access or use Tizen SDK or otherwise disclose it to third parties; (ii) modify, reverse assemble, reverse compile or reverse engineer any portion of Tizen SDK; (iii) lease, rent, copy, distribute or sublicense Tizen SDK; or (iv) remove, efface or obscure any copyright notices, logos or other proprietary notices or legends included in Tizen SDK. Licensee may not use any component part of Tizen SDK owned or licensed by a third party supplier as a standalone program or in any way independent from Tizen SDK. Licensee may not load or install any of Tizen SDK onto mobile phones or any other devices, except a personal computer.
-7. Indemnification
+3.2 Samsung may extend, enhance, or otherwise modify Tizen SDK at any time without notice. If updates are made available by Samsung, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license, in which case the terms of that license will govern. Samsung is not obligated to provide any maintenance, technical or other support for Tizen SDK. Licensee acknowledges that Samsung has no express or implied obligation to announce or make available any updates to Tizen SDK.
-To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Samsung, its Affiliates, directors, officers, employees, independent contractors and agents (each a "Samsung Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) (collectively "Losses") incurred by a Samsung Indemnified Party as a result of: Licensee breach of this Agreement; any claims that Licensee's distribution, sale, offer for sale, use or importation of Tizen SDK violate or infringe any third party intellectual property or proprietary rights; and/or otherwise related to or arising from Licensee's use of Tizen SDK, Licensee's development, modification and distribution of applications.
+4. Use of Tizen SDK.
-8. Confidentiality
+4.1 By providing any comments, suggestions, improvements or any other information in connection with Tizen SDK and documentation provided to Licensee (collectively "Feedback"), Licensee grants to Samsung a worldwide, perpetual, irrevocable, sublicenseable, royalty-free license, under all of Licensee’s intellectual property rights, to copy, modify, create derivative works of, sell, import and otherwise dispose of, such Feedback.
-Licensee acknowledges and agrees that Tizen SDK was developed at considerable time and expense by Samsung and contains valuable trade secrets and confidential information of Samsung. Accordingly, Licensee agrees to maintain Tizen SDK in strict confidence and except as expressly provided in Section 2, Licensee (i) will not disclose or provide access thereto to any person, or (ii) use Tizen SDK for any purpose not expressly authorized hereby, or permit or authorize any other person to do so.
+4.2 Licensee’s Applications must not (i) breach any applicable laws, regulations or generally accepted practices or guidelines in the applicable jurisdictions; (ii) contain any material, component or code which could damage, destroy, unduly burden or unreasonably affect software, firmware, hardware, data, systems, services, or networks; or (iii) disable, hack or otherwise interfere with any authentication, content protection, digital signing, digital rights management, security or verification mechanisms implemented in or by Tizen platform.
-The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of the Licensee. Any combination of Samsung trade secrets and information that forms part of Tizen SDK shall not be deemed to be public merely because individual parts of Tizen SDK are in the public domain, unless the combination itself is in the public domain.
+4.3 To the best of your knowledge and belief, your Applications do not and will not violate, misappropriate, or infringe any copyright, patent, design, trademark, trade secret, privacy or publicity rights, or any proprietary, intellectual property or other legal right of Samsung or any third party
-9. Term and Termination
+4.4 Licensee agrees that Licensee is solely liable for any breach of your obligations under this Agreement or any applicable laws or regulations, and for the consequences of any such breach.
-9.1 Term. The term of this Agreement shall commence as of the effective date below of this Agreement and continue until terminated by either party as provided herein.
+5. Open Source Software.
-9.2 Termination. Either party may terminate this Agreement at any time for any or no reason upon 30 days prior written notice to the other party. Additionally, this Agreement may be terminated immediately by Samsung upon written notice to Licensee if Licensee has materially breached this Agreement.
+5.1 Licensee hereby acknowledges that Tizen SDK may contain Open Source Software. Licensee agrees to review any documentation that accompanies Tizen SDK in order to determine which portions of Tizen SDK are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Samsung provide Developer the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to Licensee in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software.
-9.3 Effect of Termination. Upon termination of this Agreement: (a) all license rights granted in this Agreement will terminate; (b) Licensee shall promptly stop the distribution of Tizen SDK and destroy all electronic copies of Tizen SDK and/or return Tizen SDK to Samsung. The Sections entitled Restrictions, Feedback, Open Source Software, Disclaimer of Warranty, Term and Termination, Confidentiality, Indemnification, and Governing Law; Venue shall survive the expiration or termination of this Agreement for any reason.
+5.2 Licensee acknowledges that the Open Source Software license is solely between Licensee and the applicable licensor of the Open Source Software. Licensee shall comply with the terms of all applicable Open Source Software licenses, if any.
-10. Export Compliance
+6. DISCLAIMER OF WARRANTY.
-Licensee is responsible for applying for and obtaining all export and import licenses and/or authorizations related to Tizen SDK or applications developed using Tizen SDK, including without limitation all such licenses and authorizations required by any and all governmental bodies and/or regulatory agency.
+6.1 Tizen SDK IS PROVIDED "AS IS." SAMSUNG DOES NOT WARRANT THAT THE USE OF TIZEN SDK WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. SAMSUNG DOES NOT WARRANT THAT TIZEN SDK IS ERROR FREE. SAMSUNG MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO TIZEN SDK, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO INFORMATION OR ADVICE GIVEN BY SAMSUNG OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY.
-11. Assignment
+6.2 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE’S GRANT OF LICENSE HEREIN, OR INABILITY TO USE TIZEN SDK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF TIZEN SDK, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
-Licensee is responsible for applying for and obtaining all export and import licenses and/or authorizations related to Tizen SDK or applications developed using Tizen SDK, including without limitation all such licenses and authorizations required by any and all governmental bodies and/or regulatory agency.
+7. Indemnification.
-12. Governing Law; Venue
+7.1 To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Samsung, its Affiliates, directors, officers, employees, independent contractors and agents (each a "Samsung Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) (collectively "Losses") incurred by a Samsung Indemnified Party as a result of: (i) Licensee breach of this Agreement; (ii) any claims that Licensee’s distribution, sale, offer for sale, use or importation of Tizen SDK violate or infringe any third party intellectual property or proprietary rights; and/or (iii) otherwise related to or arising from Licensee’s use of Tizen SDK, Licensee’s development, modification and distribution of Applications.
-This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to any conflict-of-laws rules. Any and all disputes between the parties in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties.
+8. Confidentiality.
-13. Amendments and No Waiver
+8.1 Licensee acknowledges and agrees that Tizen SDK was developed at considerable time and expense by Samsung and contains valuable trade secrets and confidential information of Samsung. Accordingly, Licensee agrees to maintain Tizen SDK in confidence and except as expressly provided in Section 2, Licensee (i) will not disclose or provide access thereto to any person, or (ii) use Tizen SDK for any purpose not expressly authorized hereby, or permit or authorize any other person to do so.
-This Agreement may be modified only by a writing signed by both parties. The failure by either party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by the other party in the performance or compliance with any of the terms and conditions set forth in this Agreement.
+8.2 The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of the Licensee. Any combination of Samsung trade secrets and information that forms part of Tizen SDK shall not be deemed to be public merely because individual parts of Tizen SDK are in the public domain, unless the combination itself is in the public domain.
-14. Entire Agreement
+9. Term and Termination.
-This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between the parties concerning this subject matter. If any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement shall not be affected or impaired.
+9.1 Term. The term of this Agreement shall commence as of your acceptance of the terms of this Agreement or your use of Tizen SDK and continue until terminated by either party as provided herein.
-Contact Point
+9.2 Termination. Licensee may terminate this Agreement simply by ceasing Licensee’s use of Tizen SDK. Samsung may terminate this Agreement (i) at any time for any or no reason upon 30 days prior written notice to you or (ii) immediately upon written notice to Licensee if Licensee has materially breached this Agreement.
-Attn: Hyun Goo Kang
-Email : hyungoo1.kang@samsung.com
+9.3 Effect of Termination. Upon termination of this Agreement: (a) all license rights granted in this Agreement will terminate; (b) Licensee shall promptly stop the distribution of Tizen SDK and destroy all electronic copies of Tizen SDK and/or return Tizen SDK to Samsung. The Sections entitled Restrictions, Use of Tizen SDK, Open Source Software, Disclaimer of Warranty, Indemnification, Confidentiality, Term and Termination and General Legal Terms shall survive the expiration or termination of this Agreement for any reason.
-S-Core Co., LTD.
-6-5 Yemiji Building, Sunae-dong, Bundang-gu, Seongnam-si
-Gyeonggi-do, 463-020, Korea
+10. General Legal Terms.
-Copyright (c) 2008-2011 Samsung Electronics Co., LTD. All Rights Reserved.
+10.1 Export Compliance. Licensee is responsible for applying for and obtaining all export and import licenses and/or authorizations related to Tizen SDK or Applications, including without limitation all such licenses and authorizations required by any and all governmental bodies and/or regulatory agency.
-Though every care has been taken to ensure the accuracy of this document, Samsung Electronics Co., LTD. cannot accept responsibility for any errors or omissions or for any loss occurred to any person, legal or natural, from acting, or refraining from action, as a result of the information contained herein. Information in this document is subject to change at any time without obligation to notify any person of such changes.
+10.2 Assignment. Licensee may not assign the Agreement, in whole or in part, by operation of law or otherwise, without Samsung’s prior written consent, and any attempt to do so without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
-Samsung Electronics Co., LTD. may have patents or patent pending applications, trademarks copyrights or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give the recipient or reader any license to these patents, trademarks copyrights or other intellectual property rights.
+10.3 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to any conflict-of-laws rules. Any and all disputes between the parties in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties.
-No part of this document may be communicated, distributed, reproduced or transmitted in any form or by any means, electronic or mechanical or otherwise, for any purpose, without permission of Samsung Electronics Co., LTD.
+10.4 Amendments and No Waiver. This Agreement may be modified only by a writing signed by both parties. The failure by either party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by the other party in the performance or compliance with any of the terms and conditions set forth in this Agreement. If any of the provisions of the Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed replaced by a provision which carries out the original intent and purpose of such provision to the greatest extent lawful, and the remaining provisions shall remain in full force and effect.
-The document is subject to revision without further notice.
+10.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between the parties concerning this subject matter. If any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement shall not be affected or impaired.
-All brand names and product names mentioned in this document are trademarks or registered trademarks of their respective owners.\n
+Last Updated January 6, 2012
+
</license>
<includes
projects / sdk / ide / common-eplugin.git / commitdiff