IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS OF THE GALAXY BETA PROGRAM (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. AND/OR ITS AFFILIATES (COLLECTIVELY, “SAMSUNG”) FOR THE GALAXY BETA PROGRAM AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “PROGRAM”) PROVIDED BY SAMSUNG OR ITS THIRD PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE TERMS OR BY INSTALLING THE BETA OR OTHERWISE PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN DO NOT INSTALL THE BETA OR PARTICIPATE IN THE PROGRAM.
GALAXY BETA PROGRAM DESCRIPTION
The purpose of the Samsung Account based Program is to make available to Program participants (“Participant(s)”) the pre-release user experience features found in the Android 8.0 Oreo Beta version (“Beta”), for testing and evaluation purposes only, before publicly releasing the official software version of Android 8.0 Oreo (“O OS”).
Your use of the Beta and participation in the Program is governed by these Terms, which supplement the End User License Agreement (“EULA”) which you have already entered into with Samsung while using your eligible device. These Terms do not in any way replace the EULA, which can be found within the ‘settings’ menu on your eligible device. These Terms and the EULA constitute the entire agreement between you and Samsung relating to the Beta and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Beta or any other subject matter covered by these Terms. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
You acknowledge and understand that to participate in the Program, you may need to download and install the Beta first. You further acknowledge and understand that by installing such Beta on your eligible device, you may lose all your data or a certain portion of your data or features stored and currently implemented on your device. Samsung strongly recommends that you back up your data and information prior to installing the Beta. Samsung shall not be responsible for any such loss of data, any damages or any loss arising out of your use of Beta. You may use the latest version of the Samsung Smart Switch (www.samsung.com/us/smart-switch) to back up some of your eligible data to your personal computer.
You may withdraw your participation in the Program at any time, for any reason, by reverting back to your latest OS version through the Samsung Members application. You acknowledge and understand that reverting back to your latest OS version will also reset your device and will not revert all of your data and information back to the state it was in before your participation in the Beta. You also acknowledge and understand that not all data and information will be eligible for data back up, if you created or changed such data while using the Beta. Some applications, services, and features may not be operable under Beta.
The Program may be terminated by Samsung without notice to you by any reason including upon release of O OS.
If Samsung makes changes to these Terms, Samsung will update such revised Terms on the Samsung Members application. We will notify you prior to us making any material changes to these Terms. You may withdraw your participation at any time if you do not agree to such changes, but will be deemed to have accepted them by continuing to participate in the Program.
To the extent that it is permitted by law, Samsung shall not be responsible for damages, loss, cost, expenses or any other liability you may incur as a result of your participation in the Program or your use of Beta.
The Beta includes software and data provided by third parties. You acknowledge that the Beta is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These Terms and your use of the Beta do not grant you any ownership interest in or to the Beta, and you are granted only a revocable and limited license to use the Beta in accordance with these Terms.
Subject to these Terms, you are granted a limited, non-exclusive, and revocable license to install, access and use the Beta for testing and evaluation purposes and only in connection with this Beta Test Program. No one under the age of 13 may participate in the program. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian and that you and your parent or guardian understands and consents to the terms and conditions of these Terms. If you are a parent or guardian permitting a person under the age of 18 ("Minor") to use the Beta, you agree to: (i) supervise the Minor's use of the Beta; (ii) assume all risks associated with the Minor’s use of the Beta, (iii) assume any liability resulting from the Minor’s use of the Beta; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Beta.
You may not: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Beta; (ii) modify or disable any features of the Beta; (iii) create derivative works based on the Beta; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the Beta; (v) infringe Samsung’s intellectual property rights or those of any third party in relation to your use of the Beta (to the extent that such use is not licensed by this Agreement); (vi) use the Beta in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Beta or any operating system; (vii) use the Beta in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (viii) collect or harvest any information or data from the Beta or our systems or attempt to decipher any transmissions to or from the servers running the Beta.
Samsung may, at any time, provide or make available updates or upgrades to the Beta (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Beta. Updates will be governed by these Terms unless separate terms and conditions are provided with such Updates, in which case those 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.
Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the Beta or any portion thereof at any time without notice or liability.
If applicable and to the extent required under any open source licenses, Samsung will publish any open source code on Samsung Open Source Release Center (opensource.samsung.com) when it releases O OS.
Some features of the Beta may require your mobile device to have access to the wireless internet and may be subject to restrictions imposed by your network or internet provider. The Beta may require 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 Beta may be affected by the suitability and performance of your device hardware or data access.
You agree that the Beta and any information concerning the Beta, and any other information disclosed by Samsung to you in connection with the Program shall be considered and referred to in this Agreement as “Confidential Information.”
Except as expressly permitted in this Section 8, you agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to any third party. You agree to take adequate steps to prevent any unauthorized disclosure or use, publication, or dissemination of Confidential Information, including preventing access to or display of the Beta to third parties. You acknowledge that any unauthorized disclosure, use or misappropriation of Confidential Information of Samsung in violation of these Terms would cause irreparable harm and significant injury to Samsung and that there may be no adequate remedy at law. Accordingly, you agree that Samsung shall have the right to apply to any court of competent jurisdiction for injunctive relief and specific performance, without prejudice to any remedies available to it at law or in equity.
The obligation of confidentiality and restriction against disclosure shall not apply to information (a) previously known to you without an obligation of confidence; (b) independently developed by or for you without use of or access to the Confidential Information; (c) acquired by you from a third party which is not under an obligation of confidence with respect to such information; or (d) which is or becomes publicly available through no breach of this Agreement.
You acknowledge and agree to comply with any and all applicable laws and regulations in using the Beta including without limitation, all applicable export restriction laws and regulations.
These Terms and the Program shall terminate upon the release of O OS version. Upon the release of O OS by Samsung, you are advised to install the O OS. Using the Beta after the release of O OS may cause errors on your devices. Further you may not receive further update notices. Samsung shall not be responsible for any costs, expenses or other liabilities you may incur as a result of your using the Beta after the release of O OS including but not limited to any damage to any equipment, software, or data or any loss of data or information arising from your use of such Beta.
You can terminate these Terms by ceasing your use of the Beta, and uninstalling, deleting and returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. You may revert back to the latest official software version. For information about reverting back to the latest official software version, please see the instructions on Samsung Members application. You understand that reverting back to the latest official software version will reset your device and remove your data and information. Samsung strongly encourages you to back up your date and information prior to deleting the Beta and installing the latest official software version.
Should you not comply with these Terms, your rights based on these Terms will be automatically terminated without notice from Samsung.
Upon termination of these Terms, you must immediately cease all use of the Beta. For the purpose of clarity, Samsung may terminate these Terms and the Beta with notice to you (e.g., service website, pop-up through application, email or etc.).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BETA IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES EXPRESSED, 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 SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.
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 BETA, 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 BETA, OR ANY OTHER PROVISION OF THESE TERMS, SHALL NOT EXCEED THE AMOUNT YOU PAID SAMSUNG SPECIFICALLY FOR THE BETA. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless Samsung, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the Beta, your violation of the rights of any third party, or any breach of these Terms.
These Terms, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of New York, without regard to its conflict or choice of law rules.
Any dispute you may have with Samsung arising out of or relating to your participation in the Galaxy Beta Program, use of the Beta or these Terms shall be governed by the Arbitration Agreement (including its 30-day opt-out provision) included in the Samsung Terms and Conditions that apply to the device on which you install the Beta. For more information about your rights, obligations, opt-out opportunities and the full terms of the Arbitration Agreement, see www.samsung.com/us/Legal/Phone-HSGuide, the printed materials enclosed in the box, or the Legal section of the Settings menu of the device on which you install the Beta (typically in the “About Device” or “About Phone” section). As stated in such Arbitration Agreement, you agree that any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s claim related to the Galaxy Beta Program, use of the Beta, or these Terms, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.
These Terms are the entire agreement between you and Samsung relating to the Beta and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Beta or any other subject matter covered by these Terms. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
When you use the Beta and participate to the Program, or send email(s) to Samsung, you are communicating electronically. You consent to receive communications from Samsung electronically by way of email or SMS. You agree that all agreements, notices, disclosures and other communications that Samsung provides to you electronically satisfy all legal requirements. In connection with your use of the Beta and participation to the Program, Samsung may send you announcements, administrative messages, and other information.