Samsung Data Migration Software

End User License Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SAMSUNG DATA MIGRATION SOFTWARE ('SOFTWARE'), INCLUDING ANY UPDATES THAT MAY BE PROVIDED TO YOU, PROVIDED BY CLONIX CO., LTD. ('CLONIX'). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT ('AGREEMENT'), DO NOT USE THE SOFTWARE.

1. LIMITED LICENSE

Clonix grants to you a nonexclusive, nontransferable and royalty-free license to use the Software only with Samsung Electronics Co., Ltd. ('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.

2. OWNERSHIP

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 Clonix. The Software is licensed to you and not sold.

3. NO SUPPORT

Neither Clonix nor Samsung is under any obligation to update, maintain, or provide new versions or other support for the Software. Clonix 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. 
CLONIX AND SAMSUNG EXPRESSLY DISCLAIM 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. CLONIX AND SAMSUNG DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, CLONIX AND SAMSUNG DO 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 CLONIX, SAMSUNG OR ANY 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 CLONIX OR SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. TERMINATION

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 Clonix if you fail to cure any breach of this Agreement within sixty (60) days’ written notice of breach by Clonix. 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.

7. GENERAL

This Agreement constitutes the entire agreement between Clonix 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.

9. DISCLAIMER

Neither Clonix nor Samsung is responsible for any loss or damage to your computer, system, or application programs, arising from the use of this application. Clonix and Samsung also do not take any liability for any kind of data loss and restoration that may occur during the installation or execution of this Software. The user of this application takes complete responsibility.

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