Samsung Electronics Co SPHL720 Multi-Band CDMA/LTE/GSM/UMTS Phone with WLAN, Bluetooth and RFID User Manual SPT J IIB Eng

Samsung Electronics Co Ltd Multi-Band CDMA/LTE/GSM/UMTS Phone with WLAN, Bluetooth and RFID SPT J IIB Eng

Contents

Users Manual

Important Information for the Samsung JImportant Safety Information – page 2Manufacturer’s Warranty – page 17General Terms and Conditions of Service – page 71Important Message From Sprint – page 101By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
2 Health & Safety InformationThis device is capable of operating in Wi-Fi mode in the 2.4 and 5 GHz bands. The FCC requires that devices operating within 5.15-5.25 GHz may only be used indoors, not outside, in order to avoid interference with Mobile Satellite Services (MSS). Therefore, do not use this device outside as a Wi-Fi hotspot or in Wi-Fi Direct mode outside when using the 5.15-5.25 GHz band.This section outlines the safety precautions associated with using your phone. The terms “mobile device” or “cell phone” are used in this section to refer to your phone. Read this information before using your mobile device.Exposure to Radio Frequency (RF) SignalsThe U.S. Food and Drug Administration (FDA) has published information for consumers relating to Radio Frequency (RF) exposure from wireless phones. The FDA publication includes the following information:Do cell phones pose a health hazard?Many people are concerned that cell phone radiation will cause cancer or other serious Health & Safety InformationBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 3health hazards. The weight of scientific evidence has not linked cell phones with any health problems.Cell phones emit low levels of Radio Frequency (RF) energy. Over the past 15 years, scientists have conducted hundreds of studies looking at the biological effects of the radio frequency energy emitted by cell phones. While some researchers have reported biological changes associated with RF energy, these studies have failed to be replicated. The majority of studies published have failed to show an association between exposure to radio frequency from a cell phone and health problems.The low levels of RF cell phones emit while in use are in the microwave frequency range. They also emit RF at substantially reduced time intervals when in the stand-by mode. Whereas high levels of RF can produce health effects (by heating tissue), exposure to low level RF that does not produce heating effects causes no known adverse health effects.The biological effects of radio frequency energy should not be confused with the effects from other types of electromagnetic energy.Very high levels of electromagnetic energy, such as is found in X-rays and gamma rays, can ionize biological tissues. Ionization is a process where electrons are stripped away from By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
4 Health & Safety Informationtheir normal locations in atoms and molecules. It can permanently damage biological tissues including DNA, the genetic material.The energy levels associated with radio frequency energy, including both radio waves and microwaves, are not great enough to cause ionization of atoms and molecules. Therefore, RF energy is a type of non-ionizing radiation. Other types of non-ionizing radiation include visible light, infrared radiation (heat), and other forms of electromagnetic radiation with relatively low frequencies.While RF energy does not ionize particles, large amounts can increase body temperatures and cause tissue damage. Two areas of the body, the eyes and the testes, are particularly vulnerable to RF heating because there is relatively little blood flow in them to carry away excess heat.Research Results to Date: Is there a connection between RF and certain health problems?The results of most studies conducted to date say no. In addition, attempts to replicate and confirm the few studies that have shown a connection have failed.The scientific community at large therefore believes that the weight of scientific evidence does not show an association between exposure to Radio Frequency (RF) from cell By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 5phones and adverse health outcomes. Still the scientific community has supported additional research to address gaps in knowledge. Some of these studies are described below.Interphone StudyInterphone is a large international study designed to determine whether cell phones increase the risk of head and neck cancer. A report published in the International Journal of Epidemiology (June, 2010) compared cell phone usage for more than 5,000 people with brain tumors (glioma and meningioma) and a similar number of healthy controls.Results of this study did NOT show that cell phones caused brain cancer. In this study, most people had no increased risk of brain cancer from using cell phones. For people with the heaviest use of cell phones (an average of more than ½ hour per day, every day, for over 10 years) the study suggested a slight increase in brain cancer. However, the authors determined that biases and errors prevented any conclusions being drawn from this data. Additional information about Interphone can be found at http://www.iarc.fr/en/media-centre/pr/2010/pdfs/pr200_E.pdf.Interphone is the largest cell phone study to date, but it did not answer all questions about cell phone safety. Additional research is being By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
6 Health & Safety Informationconducted around the world, and the FDA continues to monitor developments in this field.International Cohort Study on Mobile Phone Users (COSMOS)The COSMOS study aims to conduct long-term health monitoring of a large group of people to determine if there are any health issues linked to long-term exposure to radio frequency energy from cell phone use. The COSMOS study will follow approximately 300,000 adult cell phone users in Europe for 20 to 30 years. Additional information about the COSMOS study can be found at http://www.ukcosmos.org/index.html.Risk of Brain Cancer from Exposure to Radio Frequency Fields in Childhood and Adolescence (MOBI-KIDS)MOBI-KIDS is an international study investigating the relationship between exposure to radio frequency energy from communication technologies including cell phones and brain cancer in young people. This is an international multi-center study involving 14 European and non-European countries. Additional information about MOBI-KIDS can be found at http://www.creal.cat/programes-recerca/en_projectes-creal/view.php?ID=39.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 7Surveillance, Epidemiology, and End Results (SEER) Program of the National Cancer InstituteThe National Cancer Institute (NCI) actively follows cancer statistics in the United States to detect any change in rates of new cases for brain cancer. If cell phones play a role in risk for brain cancer, rates should go up, because heavy cell phone use has been common for quite some time in the U.S. Between 1987 and 2005, the overall age-adjusted incidence of brain cancer did not increase. Additional information about SEER can be found at http://seer.cancer.gov/.Cell Phone Industry ActionsAlthough the existing scientific data do not justify FDA regulatory actions, the FDA has urged the cell phone industry to take a number of steps, including the following:▪Support-needed research on possible biological effects of RF for the type of signal emitted by cell phones;▪Design cell phones in a way that minimizes any RF exposure to the user; and▪Cooperate in providing users of cell phones with the current information on cell phone use and human health concerns.The FDA also is working with voluntary standard-setting bodies such as the Institute of Electrical and Electronics Engineers (IEEE), the International Commission on Non-Ionizing By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
8 Health & Safety InformationRadiation Protection (ICNIRP), and others to assure that safety standards continue to adequately protect the public.Reducing Exposure: Hands-Free Kits and Other AccessoriesSteps to Reduce Exposure to Radio Frequency EnergyIf there is a risk from being exposed to radio frequency energy (RF) from cell phones - and at this point we do not know that there is - it is probably very small. But, if you are concerned about avoiding even potential risks, you can take a few simple steps to minimize your RF exposure.●Reduce the amount of time spent using your cell phone;●Use speaker mode or a headset to place more distance between your head and the cell phone.Hands-Free KitsHands-free kits may include audio or Bluetooth® headsets and various types of body-worn accessories such as belt-clips and holsters. Combinations of these can be used to reduce RF energy absorption from cell phones.Headsets can substantially reduce exposure because the phone is held away from the head in the user's hand or in approved body-worn accessories. Cell phones marketed in the U.S. By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 9are required to meet RF exposure compliance requirements when used against the head and against the body.Because there are no known risks from exposure to RF emissions from cell phones, there is no reason to believe that hands-free kits reduce risks. Hands-free kits can be used for convenience and comfort. They are also required by law in many states if you want to use your phone while driving.Cell Phone Accessories that Claim to Shield the Head from RF RadiationBecause there are no known risks from exposure to RF emissions from cell phones, there is no reason to believe that accessories which claim to shield the head from those emissions reduce risks. Some products that claim to shield the user from RF absorption use special phone cases, while others involve nothing more than a metallic accessory attached to the phone. Studies have shown that these products generally do not work as advertised. Unlike “hands-free” kits, these so-called “shields” may interfere with proper operation of the phone. The phone may be forced to boost its power to compensate, leading to an increase in RF absorption.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
10 Health & Safety InformationChildren and Cell PhonesThe scientific evidence does not show a danger to any users of cell phones from RF exposure, including children and teenagers. The steps adults can take to reduce RF exposure apply to children and teenagers as well.●Reduce the amount of time spent on the cell phone;●Use speaker mode or a headset to place more distance between the head and the cell phone.Some groups sponsored by other national governments have advised that children be discouraged from using cell phones at all. For example, The Stewart Report from the United Kingdom made such a recommendation in December 2000. In this report, a group of independent experts noted that no evidence exists that using a cell phone causes brain tumors or other ill effects. Their recommendation to limit cell phone use by children was strictly precautionary; it was not based on scientific evidence that any health hazard exists.Additional information on the safety of RF exposures from various sources can be obtained from the following organizations (updated 10/1/2010):●FCC RF Safety Program: http://www.fcc.gov/oet/rfsafety/.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 11●Environmental Protection Agency (EPA): http://www.epa.gov/radtown/wireless-tech.html.●Occupational Safety and Health Administration (OSHA): http://www.osha.gov/SLTC/radiofrequencyradiation/. (Note: This web address is case sensitive.)●National Institute for Occupational Safety and Health (NIOSH): http://www.cdc.gov/niosh/.●World Health Organization (WHO): http://www.who.int/peh-emf/en/.●International Commission on Non-Ionizing Radiation Protection: http://www.icnirp.de.●Health Protection Agency: http://www.hpa.org.uk/Topics/Radiation/.●US Food and Drug Administration: http://www.fda.gov/Radiation-EmittingProducts/RadiationEmittingProductsandProcedures/HomeBusinessandEntertainment/CellPhones/default.htm.Specific Absorption Rate (SAR) Certification InformationYour wireless phone is a radio transmitter and receiver. It is designed and manufactured not to By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
12 Health & Safety Informationexceed the exposure limits for Radio Frequency (RF) energy set by the Federal Communications Commission (FCC) of the U.S. Government.These FCC RF exposure limits are derived from the recommendations of two expert organizations: the National Council on Radiation Protection and Measurement (NCRP) and the Institute of Electrical and Electronics Engineers (IEEE). In both cases, the recommendations were developed by scientific and engineering experts drawn from industry, government, and academia after extensive reviews of the scientific literature related to the biological effects of RF energy.The RF exposure limit set by the FCC for wireless mobile phones employs a unit of measurement known as the Specific Absorption Rate (SAR). The SAR is a measure of the rate of absorption of RF energy by the human body expressed in units of watts per kilogram (W/kg). The FCC requires wireless phones to comply with a safety limit of 1.6 watts per kilogram (1.6 W/kg).The FCC SAR limit incorporates a substantial margin of safety to give additional protection to the public and to account for any variations in measurements.SAR tests are conducted using standard operating positions accepted by the FCC with By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 13the phone transmitting at its highest certified power level in all tested frequency bands. Although the SAR is determined at the highest certified power level, the actual SAR level of the phone while operating can be well below the maximum reported value. This is because the phone is designed to operate at multiple power levels so as to use only the power required to reach the network. In general, the closer you are to a wireless base station antenna, the lower the power output of the phone.Before a new model phone is available for sale to the public, it must be tested and certified to the FCC that it does not exceed the SAR limit established by the FCC. Tests for each model phone are performed in positions and locations (e.g. at the ear and worn on the body) as required by the FCC. For body-worn operation, this phone has been tested and meets FCC RF exposure guidelines when used with an accessory that contains no metal and that positions the mobile device a minimum of 1.0 cm from the body.Use of other accessories may not ensure compliance with FCC RF exposure guidelines. The FCC has granted an Equipment Authorization for this mobile phone with all reported SAR levels evaluated as in compliance with the FCC RF exposure guidelines. The maximum SAR values for this model phone as reported to the FCC are:By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
14 Health & Safety InformationHead: x.xx W/kgBody-worn: x.xx W/kgThe SAR information for this device can also be found on Samsung’s website: http://www.samsung.com/sar.SAR information on this and other model phones can be accessed online on the FCC's website through http://transition.fcc.gov/oet/rfsafety/sar.html. To find information that pertains to a particular model phone, this site uses the phone FCC ID number which is usually printed somewhere on the case of the phone. Sometimes it may be necessary to remove the battery pack to find the number. Once you have the FCC ID number for a particular phone, follow the instructions on the website and it should provide values for typical or maximum SAR for a particular phone. Additional SAR information can also be obtained at http://www.fcc.gov/encyclopedia/specific-absorption-rate-sar-cellular-telephones.FCC Radio Frequency Emission This device meets the FCC Radio Frequency Emission Guidelines. FCC ID number: A3LSPHL720 [Model Number: SPH-L720] More information on the phone’s SAR can be found from the following FCC website: http://www.fcc.gov/oet/ea/. By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 15FCC Part 15 Information to UserPursuant to part 15.21 of the FCC Rules, you are cautioned that changes or modifications not expressly approved by Samsung could void your authority to operate the device.This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
16 Health & Safety Information●Reorient or relocate the receiving antenna.●Increase the separation between the equipment and receiver.●Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.●Consult the dealer or an experienced radio/TV technician for help.Commercial Mobile Alerting System ("CMAS") This device is also designed to receive CMAS alerts, known as Personal Localized Alerting Network ("PLAN") alerts. If your wireless provider has chosen to participate in CMAS/PLAN, alerts may be available while in the provider's coverage area. If you travel outside your provider's coverage area, alerts may not be available. For more information, please contact your wireless provider.Smart Practices While DrivingOn the Road - Off the PhoneThe primary responsibility of every driver is the safe operation of his or her vehicle.Responsible drivers understand that no secondary task should be performed while driving whether it be eating, drinking, talking to passengers, or talking on a mobile phone - unless the driver has assessed the driving conditions and is confident that the secondary task will not interfere with their primary By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 17responsibility. Do not engage in any activity while driving a moving vehicle which may cause you to take your eyes off the road or become so absorbed in the activity that your ability to concentrate on the act of driving becomes impaired. Samsung is committed to promoting responsible driving and giving drivers the tools they need to understand and address distractions.Check the laws and regulations on the use of mobile devices and their accessories in the areas where you drive. Always obey them. The use of these devices may be prohibited or restricted in certain areas. For example, only hands-free use may be permitted in certain areas.Before answering calls, consider your circumstances. Let the call go to voicemail when driving conditions require. Remember, driving comes first, not the call!If you consider a call necessary and appropriate, follow these tips:●Use a hands-free device;●Secure your phone within easy reach;●Place calls when you are not moving;●Plan calls when your car will be stationary;By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
18 Health & Safety Information●Do not engage in stressful or emotional conversations;●Let the person with whom you are speaking know that you are driving and will suspend the call if necessary;●Do not take notes or look up phone numbers while driving;Notice regarding legal restrictions on mounting this device in an automobile:Laws in some states may prohibit mounting this device on or near the windshield of an automobile. In other states, the law may permit mounting this device only in specific locations in the automobile. Be sure to consult the state and local laws or ordinances where you drive before mounting this device in an automobile. Failure to comply with these restrictions could result in fines, penalties, or other damages.Never mount this device in a manner that will obstruct the driver's clear view of the street and traffic.Never use wireless data services such as text messaging, Web browsing, or e-mail while operating a vehicle.Never watch videos, such as a movie or clip, or play video games while operating a vehicle.For more information, go to http://www.ctia.org.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 19Battery Use and Safety●Do not disassemble, crush, puncture, shred, or otherwise attempt to change the form of your battery. Do not put a high degree of pressure on the battery. This can cause leakage or an internal short-circuit, resulting in overheating.●Do not let the phone or battery come in contact with liquids. Liquids can get into the phone's circuits, leading to corrosion. Even when the phone appears to be dry and appears to operate normally, the circuitry could slowly corrode and pose a safety hazard. If the phone and/or battery get wet, have them checked by your service provider or contact Samsung, even if they appear to be working properly.●Do not place your battery in or near a heat source. Excessive heating can damage the phone or the battery and could cause the phone or the battery to explode. Do not dry a wet or damp battery with an appliance or heat source such as a microwave oven, hair Important:Handle and store batteries properly to avoid injury or damage. Most battery issues arise from improper handling of batteries and, particularly, from the continued use of damaged batteries.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
20 Health & Safety Informationdryer, iron, or radiator. Avoid leaving your phone in your car in high temperatures.●Do not dispose of the phone or the battery in a fire. The phone or the battery may explode when overheated.●Do not handle a damaged or leaking battery. Do not let leaking battery fluid come in contact with your eyes, skin or clothing. For safe disposal options, contact your nearest Samsung-authorized service center.●Avoid dropping the cell phone. Dropping the phone or the battery, especially on a hard surface, can potentially cause damage to the phone and battery. If you suspect damage to the phone or battery, take it to a service center for inspection.●Never use any charger or battery that is damaged in any way.●Do not allow the battery to touch metal objects. Accidental short-circuiting can occur when a metallic object (coin, key, jewelry, clip, or pen) causes a direct connection between the + and - terminals of the battery (metal strips on the battery), for example when you carry a spare battery in a pocket or bag. Short-circuiting the terminals may damage the battery or the object causing the short-circuiting.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 21Important: Use only Samsung-approved batteries, and recharge your battery only with Samsung-approved chargers which are specifically designed for your phone.WARNING!Use of a non-Samsung-approved battery or charger may present a risk of fire, explosion, leakage, or other hazard. Samsung's warranty does not cover damage to the phone caused by non-Samsung-approved batteries and/or chargers.●Do not use incompatible cell phone batteries and chargers. Some websites and second-hand dealers not associated with reputable manufacturers and carriers, might be selling incompatible or even counterfeit batteries and chargers. Consumers should purchase manufacturer or carrier-recommended products and accessories. If unsure about whether a replacement battery or charger is compatible, contact the manufacturer of the battery or charger.●Misuse or use of incompatible phones, batteries, and charging devices could result in damage to the equipment and a possible risk of fire, explosion, or leakage, leading to serious injuries, damages to your phone, or other serious hazard.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
22 Health & Safety InformationSamsung Mobile Products and RecyclingSamsung cares for the environment and encourages its customers to recycle Samsung mobile devices and genuine Samsung accessories.Proper disposal of your mobile device and its battery is not only important for safety, it benefits the environment. Batteries must be recycled or disposed of properly.Recycling programs for your mobile device, batteries, and accessories may not be available in your area.We've made it easy for you to recycle your old Samsung mobile device by working with respected take-back companies in every state in the country.Drop It OffYou can drop off your Samsung-branded mobile device and batteries for recycling at one of our numerous Samsung Recycling Direct (SM) locations. A list of these locations may be found at: http://pages.samsung.com/us/recyclingdirect/usactivities_environment_samsungrecyclingdirect_locations.jsp.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 23Samsung-branded devices and batteries will be accepted at these locations for no fee.Consumers may also recycle their used mobile device or batteries at many retail or carrier-provided locations where mobile devices and batteries are sold. Additional information regarding specific locations may be found at: http://www.epa.gov/epawaste/partnerships/plugin/cellphone/index.htm or at http://www.call2recycle.org/.Mail It InThe Samsung Mobile Take-Back Program will provide Samsung customers with a free recycling mailing label. Just go to http://www.samsung.com/us/aboutsamsung/citizenship/usactivities_environment_samsungrecyclingdirect.html?INT=STA_recyle_your_phone_page and follow the instructions to print out a free pre-paid postage label and then send your old mobile device or battery to the address listed, via U.S. Mail, for recycling.Dispose of unwanted electronics through an approved recycler.To find the nearest recycling location, go to our website:By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
24 Health & Safety Informationwww.samsung.com/recyclingdirect Or call, (877) 278-0799.Follow local regulations regarding disposal of mobile devices and batteriesDispose of your mobile device and batteries in accordance with local regulations. In some areas, the disposal of these items in household or business trash may be prohibited. Help us protect the environment - recycle!Warning! Never dispose of batteries in a fire because they may explode.UL Certified Travel ChargerThe Travel Charger for this phone has met applicable UL safety requirements. Please adhere to the following safety instructions per UL guidelines:FAILURE TO FOLLOW THE INSTRUCTIONS OUTLINED MAY LEAD TO SERIOUS PERSONAL INJURY AND POSSIBLE PROPERTY DAMAGE.IMPORTANT SAFETY INSTRUCTIONS - SAVE THESE INSTRUCTIONS.DANGER - TO REDUCE THE RISK OF FIRE OR ELECTRIC SHOCK, CAREFULLY FOLLOW THESE INSTRUCTIONS.FOR CONNECTION TO A SUPPLY NOT IN NORTH By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 25AMERICA, USE AN ATTACHMENT PLUG ADAPTOR OF THE PROPER CONFIGURATION FOR THE POWER OUTLET.THIS POWER UNIT IS INTENDED TO BE CORRECTLY ORIENTED IN A VERTICAL OR HORIZONTAL OR FLOOR MOUNT POSITION.Display / Touch-ScreenPlease note the following information when using your mobile device:WARNING REGARDING DISPLAYThe display on your mobile device is made of glass or acrylic and could break if your mobile device is dropped or if it receives significant impact. Do not use if screen is broken or cracked as this could cause injury to you.WARRANTY DISCLAIMER: PROPER USE OF A TOUCH-SCREEN MOBILE DEVICEIf your mobile device has a touch-screen display, please note that a touch-screen responds best to a light touch from the pad of your finger or a non-metallic stylus. Using excessive force or a metallic object By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
26 Health & Safety Informationwhen pressing on the touch-screen may damage the tempered glass surface and void the warranty. For more information, please refer to the “Standard Limited Warranty”.GPSCertain Samsung mobile devices can use a Global Positioning System (GPS) signal for location-based applications. A GPS uses satellites controlled by the U.S. Government that are subject to changes implemented in accordance with the Department of Defense policy and the 2008 Federal Radio navigation Plan (FRP). Changes may affect the performance of location-based technology on your mobile device.Even with GPS, when you make an emergency call:●Always tell the emergency responder your location to the best of your ability; and●Remain on the mobile device for as long as the emergency responder instructs you.NavigationMaps, directions, and other navigation-data, including data relating to your current location, may contain inaccurate or incomplete data, and circumstances can and do change over time. In some areas, complete information may not be available. Therefore, you should always visually By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 27confirm that the navigational instructions are consistent with what you see before following them. All users should pay attention to road conditions, closures, traffic, and all other factors that may impact safe driving or walking. Always obey posted road signs.Emergency CallsThis mobile device, like any wireless mobile device, operates using radio signals, wireless and landline networks, as well as user-programmed functions, which cannot guarantee connection in all conditions, areas, or circumstances. Therefore, you should never rely solely on any wireless mobile device for essential communications (medical emergencies, for example). Before traveling in remote or underdeveloped areas, plan an alternate method of contacting emergency services personnel. Remember, to make or receive any calls, the mobile device must be switched on and in a service area with adequate signal strength.Emergency calls may not be possible on all wireless mobile device networks or when certain network services and/or mobile device features are in use. Check with local service providers.To make an emergency call:1. If the mobile device is not on, switch it on.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
28 Health & Safety Information2. Key in the emergency number for your present location (for example, 911 or other official emergency number). Emergency numbers vary by location.3. Press the “Send” key. If certain features are in use (call blocking, for example), you may first need to deactivate those features before you can make an emergency call. Consult your User Manual and your local cellular service provider. When making an emergency call, remember to give all the necessary information as accurately as possible. Remember that your mobile device may be the only means of communication at the scene of an accident; do not cut off the call until given permission to do so. Care and MaintenanceYour mobile device is a product of superior design and craftsmanship and should be treated with care. The suggestions below will help you fulfill any warranty obligations and allow you to enjoy this product for many years:Keep your Samsung Mobile Device away from:Liquids of any kindKeep the mobile device dry. Precipitation, humidity, and liquids contain minerals that will corrode electronic circuits. If the mobile device does get wet, do not accelerate drying By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 29with the use of an oven, microwave, or dryer, because this may damage the mobile device and could cause a fire or explosion. Do not use the mobile device with a wet hand. Doing so may cause an electric shock to you or damage to the mobile device.Extreme heat or coldAvoid temperatures below 0°C / 32°F or above 45°C / 113°F.MicrowavesDo not try to dry your mobile device in a microwave oven. Doing so may cause a fire or explosion.Dust and dirtDo not expose your mobile device to dust, dirt, or sand.Cleaning solutionsDo not use harsh chemicals, cleaning solvents, or strong detergents to clean the mobile device. Wipe it with a soft cloth slightly dampened in a mild soap-and-water solution.Shock or vibrationDo not drop, knock, or shake the mobile device. Rough handling can break internal circuit boards.PaintBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
30 Health & Safety InformationDo not paint the mobile device. Paint can clog the device’s moving parts or ventilation openings and prevent proper operation.Responsible ListeningCaution! Avoid potential hearing loss.Damage to hearing occurs when a person is exposed to loud sounds over time. The risk of hearing loss increases as sound is played louder and for longer durations. Prolonged exposure to loud sounds (including music) is the most common cause of preventable hearing loss. Some scientific research suggests that using portable audio devices, such as portable music players and cell phones, at high volume settings for long durations may lead to permanent noise-induced hearing loss. This includes the use of headphones (including headsets, earbuds, and Bluetooth® or other wireless devices). Exposure to very loud sound has also been associated in some studies with tinnitus (a ringing in the ear), hypersensitivity to sound, and distorted hearing. Individual susceptibility to noise-induced hearing loss and potential hearing problem varies. Additionally, the amount of sound produced by a portable audio device varies depending on the nature of the sound, the device settings, and the headphones that are used. As a result, there is no single By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 31volume setting that is appropriate for everyone or for every combination of sound, settings, and equipment.You should follow some common sense recommendations when using any portable audio device:• Always turn the volume down before plugging the earphones into an audio source.• Set the volume in a quiet environment and select the lowest volume at which you can hear adequately.• Be aware that you can adapt to higher volume settings over time, not realizing that the higher volume may be harmful to your hearing.• When using headphones, turn the volume down if you cannot hear the people speaking near you or if the person sitting next to you can hear what you are listening to.• Do not turn the volume up to block out noisy surroundings. If you choose to listen to your portable device in a noisy environment, use noise-cancelling headphones to block out background environmental noise. By blocking background environment noise, noise cancelling headphones should allow you to hear the music at lower volumes than when using earbuds.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
32 Health & Safety Information• Limit the amount of time you listen. As the volume increases, less time is required before you hearing could be affected.• Avoid using headphones after exposure to extremely loud noises, such as rock concerts, that might cause temporary hearing loss. Temporary hearing loss might cause unsafe volumes to sound normal.• Do not listen at any volume that causes you discomfort. If you experience ringing in your ears, hear muffled speech, or experience any temporary hearing difficulty after listening to your portable audio device, discontinue use and consult your doctor.You can obtain additional information on this subject from the following sources:American Academy of Audiology11730 Plaza American Drive, Suite 300 Reston, VA 20190Voice: (800) 222-2336 Email: info@audiology.orgInternet: http://www.audiology.org/Pages/default.aspxBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 33National Institute on Deafness and Other Communication DisordersNational Institutes of Health 31 Center Drive, MSC 2320 Bethesda, MD 20892-2320Email: nidcdinfo@nih.govInternet: http://www.nidcd.nih.gov/National Institute for Occupational Safety and Health (NIOSH)395 E Street, S.W., Suite 9200 Patriots Plaza Building Washington, DC 20201Voice: 1-800-35-NIOSH (1-800-356-4674) 1-800-CDC-INFO (1-800-232-4636) Outside the U.S. 513-533-8328Email: cdcinfo@cdc.govInternet: http://www.cdc.gov/niosh/topics/noise/default.html1-888-232-6348 TTYBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
34 Health & Safety InformationOperating EnvironmentRemember to follow any special regulations in force in any area, and always switch your mobile device off whenever it is forbidden to use it, or when it may cause interference or danger. When connecting the mobile device or any accessory to another device, read its user's guide for detailed safety instructions. Do not connect incompatible products.Using Your Mobile Device Near Other Electronic DevicesMost modern electronic equipment is shielded from Radio Frequency (RF) signals. However, certain electronic equipment may not be shielded against the RF signals from your wireless mobile device. Consult the manufacturer to discuss alternatives.Implantable Medical DevicesA minimum separation of six (6) inches should be maintained between a handheld wireless mobile device and an implantable medical device, such as a pacemaker or implantable cardioverter defibrillator, to avoid potential interference with the device.Persons who have such devices:• Should ALWAYS keep the mobile device more than six (6) inches from their implantable medical device when the mobile device is turned ON;By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 35• Should not carry the mobile device in a breast pocket;• Should use the ear opposite the implantable medical device to minimize the potential for interference;• Should turn the mobile device OFF immediately if there is any reason to suspect that interference is taking place;• Should read and follow the directions from the manufacturer of your implantable medical device. If you have any questions about using your wireless mobile device with an implantable medical device, consult your health care provider.For more information see: http://www.fcc.gov/oet/rfsafety/rf-faqs.html#.Other Medical DevicesIf you use any other personal medical devices, consult the manufacturer of your device to determine if it is adequately shielded from external RF energy. Your physician may be able to assist you in obtaining this information. Switch your mobile device off in health care facilities when any regulations posted in these areas instruct you to do so. Hospitals or health care facilities may be using equipment that could be sensitive to external RF energy.VehiclesRF signals may affect improperly installed or inadequately shielded electronic systems in motor vehicles. Check with the manufacturer or By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
36 Health & Safety Informationits representative regarding your vehicle before using your mobile device in a motor vehicle. You should also consult the manufacturer of any equipment that has been added to your vehicle.Posted FacilitiesSwitch your mobile device off in any facility where posted notices require you to do so.Potentially Explosive EnvironmentsSwitch your mobile device off when in any area with a potentially explosive atmosphere and obey all signs and instructions. Sparks in such areas could cause an explosion or fire resulting in bodily injury or even death. Users are advised to switch the mobile device off while at a refueling point (service station). Users are reminded of the need to observe restrictions on the use of radio equipment in fuel depots (fuel storage and distribution areas), chemical plants, or where blasting operations are in progress. Areas with a potentially explosive atmosphere are often, but not always, clearly marked. They include below deck on boats, chemical transfer or storage facilities, vehicles using liquefied petroleum gas (such as propane or butane), areas where the air contains chemicals or particles, such as grain, dust, or metal powders, and any other area where you would normally be advised to turn off your vehicle engine.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 37When your Device is WetDo not turn on your device if it is wet. If your device is already on, turn it off and remove the battery immediately (if the device will not turn off or you cannot remove the battery, leave it as-is). Then, dry the device with a towel and take it to a service center.FCC Hearing Aid Compatibility (HAC) Regulations for Wireless DevicesThe U.S. Federal Communications Commission (FCC) has established requirements for digital wireless mobile devices to be compatible with hearing aids and other assistive hearing devices.When individuals employing some assistive hearing devices (hearing aids and cochlear implants) use wireless mobile devices, they may detect a buzzing, humming, or whining noise. Some hearing devices are more immune than others to this interference noise, and mobile devices also vary in the amount of interference they generate.The wireless telephone industry has developed a rating system for wireless mobile devices to assist hearing device users find mobile devices that may be compatible with their hearing devices. Not all mobile devices have been rated. Mobile devices that are rated have the rating on their box or a label located on the box.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
38 Health & Safety InformationThe ratings are not guarantees. Results will vary depending on the user's hearing device and hearing loss. If your hearing device happens to be vulnerable to interference, you may not be able to use a rated mobile device successfully. Trying out the mobile device with your hearing device is the best way to evaluate it for your personal needs.M-Ratings: Wireless mobile devices rated M3 or M4 meet FCC requirements and are likely to generate less interference to hearing devices than mobile devices that are not labeled. M4 is the better/higher of the two ratings. M-ratings refer to enabling acoustic coupling with hearing aids that do not operate in telecoil mode.T-Ratings: Mobile devices rated T3 or T4 meet FCC requirements and are likely to generate less interference to hearing devices than mobile devices that are not labeled. T4 is the better/higher of the two ratings. T-ratings refer to enabling inductive coupling with hearing aids operating in telecoil mode.Hearing devices may also be rated. Your hearing aid manufacturer or hearing health professional may help you find this rating. Higher ratings mean that the hearing device is relatively immune to interference noise. Under the current industry standard, American National Standards Institute (ANSI) C63.19, the hearing aid and wireless mobile device rating By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 39values are added together to indicate how usable they are together. For example, if a hearing aid meets the M2 level rating and the wireless mobile device meets the M3 level rating, the sum of the two values equals M5. Under the standard, this should provide the hearing aid user with normal use while using the hearing aid with the particular wireless mobile device. A sum of 6 or more would indicate excellent performance. However, these are not guarantees that all users will be satisfied. T ratings work similarly. M3 + M2 = 5T3 + T2 = 5By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
40 Health & Safety InformationThe HAC rating and measurement procedure are described in the American National Standards Institute (ANSI) C63.19 standard.HAC for Newer TechnologiesThis phone has been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer.Restricting Children's Access to Your Mobile DeviceYour mobile device is not a toy. Do not allow children to play with it because they could hurt themselves and others, damage the mobile device, or make calls that increase your mobile device bill.Keep the mobile device and all its parts and accessories out of the reach of small children.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 41FCC Notice and CautionsFCC NoticeThe mobile device may cause TV or radio interference if used in close proximity to receiving equipment. The FCC can require you to stop using the mobile device if such interference cannot be eliminated. Vehicles using liquefied petroleum gas (such as propane or butane) must comply with the National Fire Protection Standard (NFPA-58). For a copy of this standard, contact the National Fire Protection Association.CautionsAny changes or modifications to your mobile device not expressly approved in this document could void your warranty for this equipment and void your authority to operate this equipment. Only use approved batteries, antennas, and chargers. The use of any unauthorized accessories may be dangerous and void the mobile device warranty if said accessories cause damage or a defect to the mobile device. Although your mobile device is quite sturdy, it is a complex piece of equipment and can be broken. Avoid dropping, hitting, bending, or sitting on it.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
42 Health & Safety InformationOther Important Safety Information• Only qualified personnel should service the mobile device or install the mobile device in a vehicle. Faulty installation or service may be dangerous and may invalidate any warranty applicable to the device.• Ensure that any mobile devices or related equipment installed in your vehicle are securely mounted.• Check regularly that all wireless mobile device equipment in your vehicle is mounted and operating properly.• When using a headset in dry environments, static electricity can build up in the headset and cause a small quick static electrical shock. To minimize the risk of electrostatic discharge from the headset avoid using the headset in extremely dry environments or touch a grounded unpainted metal object to discharge static electricity before inserting the headset.• Do not store or carry flammable liquids, gases, or explosive materials in the same compartment as the mobile device, its parts, or accessories.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 43• For vehicles equipped with an air bag, remember that an air bag inflates with great force. Do not place objects, including installed or portable wireless equipment near or in the area over the air bag or in the air bag deployment area. If wireless equipment is improperly installed and the air bag inflates, serious injury could result.• Switch your mobile device off before boarding an aircraft. The use of wireless mobile devices in aircraft is illegal and may be dangerous to the aircraft's operation. Check with appropriate authorities before using any function of a mobile device while on an aircraft.• Failure to observe these instructions may lead to the suspension or denial of cell phone services to the offender, or legal action, or both.• While using your device, leave some lights on in the room and do not hold the screen too close to your eyes.• Seizures or blackouts can occur when you are exposed to flashing lights while watching videos or playing games for extended periods. If you feel any discomfort, stop using the device immediately.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
44 Health & Safety Information• Reduce risk of repetitive motion injuries. When you repetitively perform actions, such as pressing keys, drawing characters on a touch screen with your fingers, or playing games, you may experience occasional discomfort in your hands, neck, shoulders, or other parts of your body. When using your device for extended periods, hold the device with a relaxed grip, press the keys lightly, and take frequent breaks. If you continue to have discomfort during or after such use, stop use and see a physician.• If your device has a camera flash or light, do not use the flash or light close to the eyes of people or pets. [122011]By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 45By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
46 Health & Safety InformationSection 2: Warranty InformationStandard Limited WarrantyWhat is covered and for how long?SAMSUNG TELECOMMUNICATIONS AMERICA, LLC (“SAMSUNG”) warrants that SAMSUNG’s handsets and accessories (“Products”) are free from defects in material and workmanship under normal use and service for the period commencing upon the date of purchase by the first consumer purchaser and continuing for the following specified period of time after that date:What is not covered?This Limited Warranty is conditioned upon proper use of the Product. This Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, Phone 1 YearBatteries 1 YearCase/Pouch/Holster 90 DaysOther Phone Accessories 1 YearBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 47unless caused by SAMSUNG; (c) defects or damage resulting from excessive force or use of a metallic object when pressing on a touch screen; (d) equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible; (e) ordinary wear and tear; (f) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by SAMSUNG; (g) defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by SAMSUNG; (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source; (i) defects or damage resulting from cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or (j) Product used or purchased outside the United States. This Limited Warranty covers batteries only if battery capacity falls below 80% of rated capacity or the battery leaks, and this Limited Warranty does not cover any battery if (i) the battery has been charged by a battery charger not specified or approved by SAMSUNG for charging the battery; (ii) any of the seals on the battery are broken or show evidence of By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
48 Health & Safety Informationtampering; or (iii) the battery has been used in equipment other than the SAMSUNG phone for which it is specified.What are SAMSUNG’s obligations?During the applicable warranty period, provided the Product is returned in accordance with the terms of this Limited Warranty, SAMSUNG will repair or replace the Product, at SAMSUNG’s sole option, without charge. SAMSUNG may, at SAMSUNG’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned or new Product. Repaired/replaced cases, pouches and holsters will be warranted for a period of ninety (90) days. All other repaired/replaced Products will be warranted for a period equal to the remainder of the original Limited Warranty on the original Product or for ninety (90) days, whichever is longer. All replaced Products, parts, components, boards and equipment shall become the property of SAMSUNG. Except to any extent expressly allowed by applicable law, transfer or assignment of this Limited Warranty is prohibited.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 49What must you do to obtain warranty service?To obtain service under this Limited Warranty, you must return the Product to an authorized phone service facility in an adequate container for shipping, accompanied by the sales receipt or comparable proof of sale showing the original date of purchase, the serial number of the Product and the seller’s name and address. To obtain assistance on where to deliver the Product, please call SAMSUNG Customer Care at 1-888-987-4357. If SAMSUNG determines that any Product is not covered by this Limited Warranty, you must pay all parts, shipping, and labor charges for the repair or return of such Product.You should keep a separate backup copy of any contents of the Product before delivering the Product to SAMSUNG for warranty service, as some or all of the contents may be deleted or reformatted during the course of warranty service.What are the limits on SAMSUNG’s liability?THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF SAMSUNG’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
50 Health & Safety InformationDURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 51SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to the Products. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of SAMSUNG regarding the Products or this Limited Warranty.This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.What is the procedure for resolving disputes?ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s Product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
52 Health & Safety Informationpart of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty.For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant SAMSUNG its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and SAMSUNG shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 53witness fees, exceed $5,000.00 (“Large Claim”) shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.This arbitration provision also applies to claims against SAMSUNG’s employees, representatives and affiliates if any such claim arises from the Product’s sale, condition or performance.You may opt out of this dispute resolution procedure by providing notice to SAMSUNG no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product. To opt out, you must send notice by e-mail to optout@sta.samsung.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by calling By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
54 Health & Safety Information1-888-987-4357 no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.SeverabilityIf any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.Precautions for Transfer and DisposalIf data stored on this device is deleted or reformatted using the standard methods, the data only appears to be removed on a superficial level, and it may be possible for someone to retrieve and reuse the data by means of special software.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 55To avoid unintended information leaks and other problems of this sort, it is recommended that the device be returned to Samsung’s Customer Care Center for an Extended File System (EFS) Clear which will eliminate all user memory and return all settings to default settings. Please contact the Samsung Customer Care Center for details.Important! Please provide warranty information (proof of purchase) to Samsung’s Customer Care Center in order to provide this service at no charge. If the warranty has expired on the device, charges may apply.Samsung Telecommunications America, LLC 1301 E. Lookout Drive Richardson, Texas 75082Phone: 1-800-SAMSUNG Phone: 1-888-987-HELP (4357)©2012 Samsung Telecommunications America, LLC. All rights reserved.No reproduction in whole or in part allowed without prior written approval. Specifications and availability subject to change without notice. [111611]By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
56 Health & Safety InformationEnd User License Agreement for SoftwareIMPORTANT. READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Samsung Electronics Co., Ltd. ("Samsung Electronics Co.") for software, owned by Samsung Electronics Co. and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation ("Software"). Samsung Electronics Co. is a separate company from the company that provides the limited warranty for this mobile device, Samsung Telecommunications America, LLC.This device requires the use of preloaded software in its normal operation. BY USING THE DEVICE OR ITS PRELOADED SOFTWARE, YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE DEVICE OR THE SOFTWARE. INSTEAD, RETURN THE DEVICE TO THE RETAILER FOR A REFUND OR CREDIT. 1. GRANT OF LICENSE. Samsung Electronics Co. grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install, use, access, display and By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 57run one copy of the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or a mobile device at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.2. RESERVATION OF RIGHTS AND OWNERSHIP. Samsung Electronics Co. reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Samsung Electronics Co. or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold.3. LIMITATIONS ON END USER RIGHTS. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), 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.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
58 Health & Safety Information4. CONSENT TO USE OF DATA. You agree that Samsung Electronics Co. and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any. Samsung Electronics Co. and its affiliates may use this information solely to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.5. UPGRADES. This EULA applies to updates, supplements and add-on components (if any) of the Software that Samsung Electronics Co. may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with such upgrade. To use Software identified as an upgrade, you must first be licensed for the Software identified by Samsung Electronics Co. as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility.6. SOFTWARE TRANSFER. You may not transfer this EULA or the rights to the Software granted herein to any third party unless it is in connection with the sale of the mobile device which the Software accompanied. In such event, the transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA) and you may not retain any copies of the Software. The transfer may not be an indirect transfer, such By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 59as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.7. EXPORT RESTRICTIONS. You acknowledge that 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 Software, including the U.S. Export Administration Regulations, as well as end user, end use, and destination restrictions issued by U.S. and other governments.8. TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Samsung Electronics Co. if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Software and destroy all copies, full or partial, of the Software.9. Disclaimer of Warranty. ALL SOFTWARE PROVIDED BY SAMSUNG ELECTRONICS CO. WITH THIS MOBILE DEVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG ELECTRONICS CO., EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG ELECTRONICS CO. DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
60 Health & Safety InformationWORKMANLIKE 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 ELECTRONICS CO. OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG ELECTRONICS CO. OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG ELECTRONICS CO. 10. THIRD-PARTY APPLICATIONS. Certain third party applications may be included with, or downloaded to this mobile device. Samsung Electronics Co. makes no representations whatsoever about any of these applications. Since Samsung Electronics Co. has no control over such applications, you acknowledge and agree that Samsung Electronics Co. is not responsible for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications. You expressly acknowledge and By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 61agree that use of third party applications is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. It is up to you to take precautions to ensure that whatever you select to use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. References on this mobile device to any names, marks, products, or services of any third-parties are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You agree that Samsung Electronics Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such third party content, products, or services available on or through any such application. You acknowledge and agree that the use of any third-party application is governed by such third party application provider's Terms of Use, License Agreement, Privacy Policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third party application provider's privacy policy, if such a policy exists. SAMSUNG ELECTRONICS CO. DISCLAIMS ANY RESPONSIBILITY FOR ANY By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
62 Health & Safety InformationDISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER.11. Disclaimer of Warranty Regarding Third Party Applications. SAMSUNG ELECTRONICS CO. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF ANY THIRD PARTY APPLICATION WHETHER SUCH THIRD PARTY APPLICATION IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG ELECTRONICS CO., IS DOWNLOADED, OR OTHERWISE OBTAINED. USE OF ANY THIRD PARTY APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF SUCH THIRD PARTY APPLICATIONS. SAMSUNG ELECTRONICS CO. EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY APPLICATION PROVIDER. ANY THIRD PARTY APPLICATIONS PROVIDED WITH THIS MOBILE DEVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 63FROM SAMSUNG ELECTRONICS CO., EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG ELECTRONICS CO. 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. SAMSUNG ELECTRONICS CO. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE THIRD PARTY APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE THIRD PARTY APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE THIRD PARTY APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE THIRD PARTY APPLICATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 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 ELECTRONICS CO. OR ANY OTHER PERSON OR ENTITY SHALL BE DEEMED TO By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
64 Health & Safety InformationALTER THIS DISCLAIMER OF WARRANTY REGARDING THIRD PARTY APPLICATIONS, OR TO CREATE ANY WARRANTY BY SAMSUNG ELECTRONICS CO.12. Limitation of Liability. SAMSUNG ELECTRONICS CO. 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 OR ANY THIRD PARTY APPLICATION, 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, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG ELECTRONICS CO. 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 ELECTRONIC CO.'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 THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 65OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 9, 10, 11 AND 12) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.13. U.S. Government End Users Restricted Rights. The Software is licensed only with "restricted rights" and as "commercial items" consisting of "commercial software" and "commercial software documentation" with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Products are provided only with "restricted rights" with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Software and Products are provided subject to Federal Acquisition Regulation (FAR) 52.227.19. 14. APPLICABLE LAW. This EULA is governed by the laws of TEXAS, without regard to conflicts of laws principles. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
66 Health & Safety Information15. DISPUTE RESOLUTION. (a) Non-United States residents. If a dispute, controversy or difference is not amicably settled, it shall be finally resolved by arbitration in Seoul, Korea in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The award of arbitration shall be final and binding upon the parties. (b) United States residents. ALL DISPUTES WITH SAMSUNG ELECTRONICS CO. ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with any other person's or entity's claim or dispute, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the EULA and all disputes that are subject to this arbitration provision. The By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 67arbitrator shall decide all issues of interpretation and application of this arbitration provision and the EULA. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less ("Small Claim"), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant Samsung Electronics Co. its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and Samsung Electronics Co. shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim") shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator's award in any court of competent jurisdiction. This arbitration provision also applies to claims against Samsung Electronics Co.'s employees, representatives and affiliates if any such claim arises from the licensing or use of the Software. You may opt out of this dispute resolution procedure by providing By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
68 Health & Safety Informationnotice to Samsung Electronics Co. no later than 30 calendar days from the date of the first consumer purchaser's purchase of this device. To opt out, you must send notice by e-mail to optout@sta.samsung.com, with the subject line: "Arbitration Opt Out." You must include in the opt out e-mail (a) your name and address; (b) the date on which the device was purchased; (c) the device model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the device box; (ii) on the device information screen, which can be found under "Settings;" (iii) on a label on the back of the device beneath the battery, if the battery is removable; and (iv) on the outside of the device if the battery is not removable). Alternatively, you may opt out by calling 1-888-987-4357 no later than 30 calendar days from the date of the first consumer purchaser's purchase of the device and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the device or its preloaded Software, and you will continue to enjoy the benefits of this license.16. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Samsung Electronics Co. relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Health & Safety Information 69representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. [101212]By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
70 Health & Safety InformationBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 71Please note that these terms may not be the most current version. A current version of the terms is available at our website at www.sprint.com/termsandconditions or upon request. Basic DefinitionsIn this document: (1) “we,” “us,” “our,” and “Sprint” mean Sprint Solutions, Inc., as contracting agent on behalf of the applicable Sprint affiliated entities providing the products and Services; (2) “you,” “your,” “customer,” and “user” mean an account holder or user with us; (3) “Device” means any phone, aircard, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) “Service” means Sprint-branded or Nextel-branded offers, rate plans, options, wireless services, billing services, applications, programs, products, or Devices on your account with us. “Service(s)” also includes any other product or service that we offer or provide to you that references these General Terms and Conditions of Service (“Ts&Cs”).The Service Agreement These Ts&Cs are part of your service agreement with us (the “Agreement”) and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION Note: Para solicitar esta literatura en español, por favor contactar a 1-800-777-4681 o visitar a www.sprint.com/espanol.General Terms and Conditions of ServiceBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
72 General Terms and Conditions of Service v.9-9-11THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, there are several parts of the Agreement, which includes but is not limited to the following: (i) the subscriber agreement or transaction materials that you sign or accept; (ii) the plan(s) that you chose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding the monthly charge and number of minutes included in your service plan); (iii) any confirmation materials and invoices that we may provide to you; and (iv) the terms set forth in the coverage map brochures. It is important that you carefully read all of the terms of the Agreement.Additional TermsAdditional terms will apply when you use certain applications, programs, Devices, and services, and these terms will be provided to you prior to your use of the items. Depending on who provides the items, the terms may come from Sprint or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. Sprint is not responsible for these third party items and associated terms. Additional terms will also apply if you activate Services as part of a bundle with another company's services (for example, cable services, home phone services, etc.). The additional terms for bundled Services may either modify or replace certain provisions in these Ts&Cs, including terms relating to activation, invoicing, payment, and disputing charges. Also, a different dispute resolution provision may apply to services provided by another company (the dispute resolution provisions in this Agreement still apply to our By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 73Services). You will be provided details on any additional terms with your selection of any bundled Service. For employee and organization discounts, the discount percentage may vary from month-to-month based on the terms of the agreement between your employer, association, or other organization and Sprint. The discount will be zero after your agreement or your organization's agreement with Sprint ends. Additional terms and eligibility requirements regarding organization discounts will be provided to you.Our PoliciesServices are subject to our business policies, practices, and procedures (“Policies”). You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at anytime with or without notice. When You Accept The AgreementYou must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, including on the web by electronically marking that you have reviewed and accepted; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don’t want to accept the Agreement, don’t do any of these things. Term Commitments & Early Termination FeesMany of the Services (for example, Device discounts) that we offer require you to maintain certain Services with us for a minimum term, usually 1 or 2 years (“Term Commitment”). You will be charged a fee By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
74 General Terms and Conditions of Service v.9-9-11(“Early Termination Fee”) for each line of Service that you terminate early (i.e., prior to satisfying the Term Commitment) or for each line of Service that we terminate early for good reason (for example, violating the payment or other terms of the Agreement) but such Early Termination Fee may be prorated based on your remaining Term Commitment. Early Termination Fees are a part of our rates. Your exact Term Commitment and Early Termination Fee may vary based on the Services you select and will be disclosed to you during the sales transaction. Carefully review any Term Commitment and Early Termination Fee requirements prior to selecting Services. After you have satisfied your Term Commitment, your Services continue on a month-to-month basis without any Early Termination Fee, unless you agree to extend your Term Commitment or agree to a new Term Commitment. Services offered on a subscription basis, as described in the “Account & Service Charges” section, may not require a Term Commitment and may not automatically renew. As explained directly below, there are instances when you will not be responsible for an Early Termination Fee for terminating Services early. When You Don’t Have To Pay An Early Termination FeeYou aren't responsible for paying an Early Termination Fee when terminating Services: (a) provided on a month-to-month basis; (b) provided on a subscription basis that do not include a Term Commitment; (c) consistent with our published trial period return policy; or (d) in response to a materially adverse change that we make to the Agreement as described directly below. Our Right To Change The Agreement & Your Related RightsWe may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 75calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes-and we may provide you notice of non-material changes-in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.Our Right To Suspend Or Terminate ServicesWe can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) late payment; (b) exceeding an Account Spending Limit; (c) harassing/threatening/abusing/offending our employees or agents; (d) providing false or inaccurate information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (g) breaching, failing to follow, or abusing the Agreement or Policies; (h) providing false, inaccurate, dated, or unverifiable identification or credit information or becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications (for example, rooting the device); (j) failing to use our Services for an extended period of time; (k) failing to maintain an active Device in By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
76 General Terms and Conditions of Service v.9-9-11connection with our Services; or (l) if we believe the action protects our interests, any customer's interests, or our networks. Your Right To Change Services & When Changes Are Effective The account holder can typically change Services upon request. In some instances, changes may be conditioned on payment of an Early Termination Fee or certain other charges, or they may require a new Term Commitment. Changes to Services are usually effective at the start of the next full invoicing cycle. If the changes take place sooner, your invoice may reflect pro-rated charges for your old and new Services. We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Services, which will include the authority to make changes that will extend your Term Commitment. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.Your Right To Terminate ServicesYou can terminate Services at any time by calling us and requesting that we deactivate all Services. In addition, if you return or provide your Device to Sprint and fail to either deactivate service on the Device or activate another Device in connection with your Service, we reserve the right to terminate your Service, and if you are subject to a Term Commitment, you may be charged all or part of an Early Termination Fee. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we won't prorate charges to the date of termination and you won't receive a credit or refund for any unused Services. Except as provided above, if you are subject to an By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 77Early Termination Fee, you must also pay the invoiced Early Termination Fee for each line of Service that you terminate early.Credit Checks & Credit InformationWe agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies. You agree to provide information that we may request or complete any applications that we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse. Account Spending Limits (“ASL”)An ASL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud) that we place on the amount of unpaid charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count toward an ASL. If you have an ASL, we may suspend your Services without prior notice if your account balance reaches the ASL, even if your account is not past due. We may impose or increase an ASL at any time with notice. An ASL is for our benefit only and should not be relied on by you to manage usage. By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
78 General Terms and Conditions of Service v.9-9-11Deposits & Returning DepositsWe may at any time require a deposit as a guarantee of payment for you to establish or maintain Service (“Deposit”). By providing us a Deposit, you grant us a security interest for all current or future amounts owed to us. We may change the Deposit at any time with notice. You can't use a Deposit to make or delay payments. The Deposit, the length of time we hold the Deposit, and changes to the Deposit are determined based on your credit history, payment history, and other factors. Unless prohibited by law, we may mix Deposits with our other funds and it won't earn interest, and we reserve the right to return the Deposit as a credit on your invoice at anytime. If your Services are terminated for any reason, we may keep and apply your Deposit to any outstanding charges. We'll send any remaining portion of the Deposit to your last known address within 90 days after your final invoice—if it is returned to us, we will forward it on to the appropriate state authorities to the extent required by law. Restrictions On Using ServicesYou can't use our Services: (a) in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property, or Services; or (b) in any way prohibited by the terms of our Services, the Agreement, or our Policies. You cannot in any manner resell the Services to another party. For additional restrictions on the use of our Services, see our Acceptable Use Policy and Visitors Agreement, which are available on our website, and the detailed plan or other information on Services that we provide or refer you to during the sales transaction.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 79Your Device, Number & E-mail Address; Caller IDWe don't manufacture any Device that we might sell to you or that is associated with our Services, and we aren't responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications (for example, a device's software, memory, and storage), and device performance may impact access to all of our Services. Your Device is designed to be activated on our networks and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no-and cannot gain any (for example, through publication, use, etc.)-proprietary, ownership, or other rights to any phone number, identification number, e-mail address, or other identifier that we assign to you, your Device, or your account. We'll notify you if we decide to change or reassign them. Your CDMA Sprint PCS phone has a software programming lock that protects certain of the handset's operating parameters against unauthorized reprogramming. If you wish to obtain the software program lock code for your CDMA Sprint PCS phone, please visit Sprint.com or call 1-888-211-4727 for information and eligibility requirements.Porting/Transferring Phone NumbersWe don't guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number. You're responsible for all charges billed or incurred prior to By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
80 General Terms and Conditions of Service v.9-9-11deactivation and for any applicable Early Termination Fees.Coverage; Where Your Device Will Work; Service SpeedsOur coverage maps are available at our authorized retail locations and on our website. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage isn't available everywhere. Coverage and Service speeds are not guaranteed. Coverage is subject to change without notice. Service speeds may depend on the Service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength, and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that-along with other factors both within and beyond our control (for example, network problems, network or internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.)-may result in dropped and blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.RoamingThe term “roaming” typically refers to coverage on another carrier's network that we may make available By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 81to you based on our agreements with other carriers. These agreements may change from time to time, and roaming coverage is subject to change without notice. Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up and the availability of roaming coverage. We make no guaranty that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Your Device will generally indicate when you're roaming. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.). About Data Services & ContentOur data Services and your Device may allow you to access the internet, text, pictures, video, games, graphics, music, email, applications, sound, and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You're solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. To By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
82 General Terms and Conditions of Service v.9-9-11protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by Sprint may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you, and you may not receive a refund for any unused portion of the Data Content.Specific Terms & Restrictions On Using Data ServicesIn addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can't use our data Services: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks performances or hinders access to our networks. If your Services include web or data access, you also can't use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 83that purpose (for example, with “phone as modem” plans, Sprint Mobile Broadband card plans, wireless router plans, etc.). Software LicenseIf Sprint provides you software as part of the Service and there are not software license terms provided with the software (by Sprint or by a third party), then Sprint grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You will not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Sprint may revoke this license at any time.Activation & Miscellaneous ChargesBased on our Policies, we may charge activation, prepayment, reactivation, program, or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.Account & Service ChargesYou are responsible for all charges associated with your account and the Services on your account, no matter who adds or uses the Services. Charges include, but are not limited to, the monthly recurring charges, usage charges, charges for additional services, taxes, surcharges, and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials that we may send to you. Depending on your Services, charges for additional services may include operator By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
84 General Terms and Conditions of Service v.9-9-11and directory assistance, voicemail, call forwarding, data calls, texts, and web access. If you (the account holder) allow end users to access or use your Devices, you authorize end users to access, download, and use Services. You may have the opportunity to purchase Services on a subscription basis where we assess subscription charges that allow you access to the Services and/or provide you a certain amount of use of the Services for a defined period of time. Depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods. Subscription Services offered on a recurring basis do not end until terminated by you or us. Subscription charges for recurring Services occur at the beginning of each bill cycle. Information regarding your bill cycle for subscription Services will be provided when you order the Services. For Services offered on a per-day basis, you will generally be charged for use before or at the time of use. In certain instances, we may charge you at some point after you use the Services. Unless otherwise disclosed, Services offered on a per-day basis end 24 hours after Service is initiated.How We Calculate Your Charges For Billing PurposesRegular Voice Calls: We round up partial minutes of use to the next full minute. Time starts when you press “Talk” or your Device connects to the network and stops when you press “End” or the network connection otherwise breaks. You're charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You won't be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you're charged from the time shortly before the Device starts ringing until you press “End” or the network connection otherwise breaks. If charges vary depending on the By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 85time of day that you place or receive calls (for example, Nights and Weekend plans), you're charged for the entire call based on the rate that applies to the time period in which the call starts.Walkie-Talkie Charges: Charges for walkie-talkie calls are billed to the person who starts the call and calculated by multiplying the duration of the call by the applicable rate and number of participants. You're charged at least 6 seconds of airtime for each call you start; subsequent communications in the same call are rounded up to and billed to the next second. Time begins when you press any button to start a walkie-talkie call and ends approximately 6 seconds after completion of a communication to which no participant responds. Subsequent walkie-talkie communications are considered new calls. Depending on your plan, nationwide, international, or group walkie-talkie calls may use the local walkie-talkie minutes in your plan and result in additional charges. Responses to call alert transmissions are treated as new walkie-talkie transmissions even when responding within 6 seconds of receiving the alert. Walkie-talkie billing methods are subject to change as we introduce new walkie-talkie Services. Data Usage: Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equals 1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to kilobytes, so you will be charged at least 1 KB for each data usage session (“data session”). Rounding occurs at the end of each data session, and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
86 General Terms and Conditions of Service v.9-9-11the next cent. You are charged for all data directed to your Device's internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to our data networks, you may incur data charges. Examples of data for which you will be charged includes the size of a requested file or Data Content (game, ringer, etc.); web page graphics (logos, pictures, banners, advertisement, etc.); additional data used in accessing, transporting, and routing the file on our network; data from partial or interrupted downloads; re-sent data; and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage—for example, the size of downloadable files—are not reliable predictors of actual usage. Your bill won't separately list the number of KB attributed to a specific action/data session.Your BillYour bill provides you notice of your charges. It reflects monthly recurring charges (usually billed one bill cycle in advance), fees, taxes, Surcharges, product and equipment charges, subscription charges, and usage/transaction specific charges (usually billed in the bill cycle in which they're incurred). Some usage charges, such as those that depend on usage information from a third party, may be billed in subsequent bill cycles and result in higher than expected charges for that month. Bill cycles and dates may change from time to time. Your bill may also include other important notices (for example, changes to your Agreement, to your Service, legal notices, etc.). Your paper bill may not include itemized billing detail. More specific billing information is available online. Paper bills with itemized By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 87detail may be subject to an additional charge. Unless prohibited by law, other charges (for example, data Services or taxes and surcharges) will not include itemized detail but will be listed as total charges for a category. If you choose internet billing, you will not receive paper bills.Your Payments; Late Fees Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs we pay to a collection agency to collect unpaid balances from you. If we bill you for amounts on behalf of a third party, payments received are first applied to our charges. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier's check, money order, or other similar secure form of payment at any time for good reason.Taxes & Government Fees You agree to pay all federal, state, and local taxes, fees, and other assessments that we're required by law to collect and remit to the government on the Services that we provide to you. These charges may change from time to time without advance notice. If you're claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won't be applied retroactively.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
88 General Terms and Conditions of Service v.9-9-11Surcharges You agree to pay all surcharges (“Surcharges”), which may include, but are not limited to: Federal Universal Service; various regulatory charges; Sprint administrative charges; gross receipts charges and certain other taxes imposed upon Sprint; or charges for the costs that we incur and pass along to you. Surcharges are not taxes, and we are not required to assess them by law. They are charges we choose to collect from you, are part of our rates, and are kept by us in whole or in part. The number and type of Surcharges will be provided on your invoice and may vary depending upon the location of the billing address of the Device and can change over time. We determine the rate for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.Disputing Charges - You Must Still Pay Undisputed Charges Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period—undisputed charges must still be paid as stated on your bill.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 89Protecting Our Network & Services We can take any action to: (1) protect our networks, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our networks and Services. Some of these actions may interrupt or prevent legitimate communications and usage-for example, message filtering/blocking software to prevent SPAM or viruses; limiting throughput; limiting access to certain websites, applications, or other Data Content; prohibitions on unintended uses (for example, use as a dedicated line, or use as a monitoring service), etc. For additional information on what we do to protect our customers, networks, Services, and equipment, see our Acceptable Use Policy and Visitors Agreement at our website.Your Privacy Our Privacy Policy is available on our website. To review the policy, visit www.sprint.com/legal/privacy.html. This policy may change from time to time, so review it with regularity and care. Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service or sales departments). Authentication and Contact: You (the account holder) may password protect your account information by establishing a personal identification number (“PIN”). You may also set a backup security question and answer in the event you forget your PIN. You agree to protect your PIN, passwords, and other account access credentials like your backup security question from loss or disclosure. You further agree that Sprint may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for account access as you or an authorized user on the account for disclosure of information or changes in By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
90 General Terms and Conditions of Service v.9-9-11Service. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.CPNI: As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill (“CPNI”). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us. For some accounts with a dedicated Sprint representative, we may rely on contacting your pre-established point of contact as the standard authentication measure.Third-Party Applications: If you use a third-party application, the application may access, collect, use, or disclose your personal information or require Sprint to disclose your information—including location information (when applicable)—to the application provider or some other third party. If you access, use, or authorize third-party applications through the Services, you agree and authorize Sprint to provide information related to your use of the Services or the application(s). You understand that your use of third-party applications is subject to the third party's terms and conditions and policies, including its privacy policy.Information on Devices: Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). Sprint is not responsible for any information on your By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 91Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, for example when you relinquish, exchange, return, or recycle your Device. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device.Location-Enabled Services Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 911 services and optional location-enabled services provided by us or a third party. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device's location information and use of location-enabled services. You agree that any authorized user may access, use, or authorize Sprint or third party location-enabled applications through the Services. You understand that your use of such location-enabled applications is subject to the application's terms and conditions and policies, including its privacy policy. If you activate location-enabled services for devices used by other authorized users, you agree to inform the authorized user(s) of the terms of use for location-enabled applications and that the Device may be located. For additional information on location-enabled services, see our Privacy Policy at our website.911 Or Other Emergency Calls Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
92 General Terms and Conditions of Service v.9-9-11traditional wireline phones, depending on a number of factors (for example, whether your Device is GPS enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location, or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service (“E911”)—where enabled by local emergency authorities—uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911—you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.If Your Device Is Lost or Stolen Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. A lost or stolen Device does not reduce or remove your Term Commitment. You will remain liable for any monthly recurring charges associated with the Service on your Device after you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not waive any Early Termination Fees if you choose to terminate Services as a result of loss or theft of your Device.Disclaimer of Warranties UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 93WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.You Agree That We Are Not Responsible For Certain Problems You agree that neither we nor our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Sprint storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your Device, computer, or equipment and to back-up your information stored on each.By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
94 General Terms and Conditions of Service v.9-9-11You Agree Our Liability Is Limited - No Consequential Damages.TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.DISPUTE RESOLUTION We Each Agree To First Contact Each Other With Any DisputesWe each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem, relevant documents and supporting information, and the proposed resolution. We agree to contact each other as described in the “Providing Notice to Each Other Under The Agreement” section.Instead Of Suing In Court, We Each Agree To Arbitrate DisputesWe each agree to arbitrate all Disputes between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there's no judge or jury. However, just as a court would, the arbitrator must honor the terms and By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 95limitations in the Agreement and can award damages and relief, including any attorneys' fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:(1) “Disputes” are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that you bring against our employees, agents, affiliates, or other representatives or that we bring against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.(2) If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution. Notice to you will be sent as described in the “Providing Notice to Each Other Under The Agreement” section and notice to us will be sent to: General Counsel; Arbitration Office; 12502 Sunrise Valley Drive, Mailstop VARESA0202-2C682; Reston, Virginia 20191. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we cannot resolve the dispute within forty-five (45) days of By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
96 General Terms and Conditions of Service v.9-9-11receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration. (3) The FAA applies to this Agreement and arbitration provision. We each agree that the FAA's provisions—not state law—govern all questions of whether a dispute is subject to arbitration.(4) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service. (5) The arbitration will be governed and conducted by (a) a neutral third party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this “Dispute Resolution” section conflicts with JAMS's minimum standards for procedural fairness, the JAMS's rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.(6) WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and Sprint (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court. By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 97(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration. However, we will pay for the arbitration administrative or filing fees, including the arbitrator fees. Otherwise the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness regarding costs and payment apply.Exceptions To Our Agreement To Arbitrate DisputesEither of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf.No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.Indemnification You agree to indemnify, defend, and hold Sprint and our subsidiaries, affiliates, parent companies harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
98 General Terms and Conditions of Service v.9-9-11Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services (see “Location-Enabled Services” section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.Providing Notice To Each Other Under The Agreement Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us as instructed on your invoice. We will provide you notice through one or more of the following: in your bill, correspondence to your last known billing address, to any fax number or e-mail address you've provided us, by calling you on your Device or any other phone number you've provided us, by voice message on your Device or any other phone number you've provided us, or by text message on your Device.Other Important Terms Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the billing address of the Device, without regard to the conflicts of law rules of that state. If either of us waives or doesn't enforce a requirement under this Agreement in an instance, we don't waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn't for the benefit of any third party except our corporate parents, affiliates, subsidiaries, By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
v.9-9-11 General Terms and Conditions of Service 99agents, and predecessors and successors in interest. You can't assign the Agreement or any of your rights or duties under it. We can assign the Agreement without notice. You cannot in any manner resell the Services to another party. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements-you can't rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Agreement that-by their nature-would logically continue beyond the termination of Services (for example, those relating to billing, payment, 911, dispute resolution, no class action, no jury trial) survive termination of Services.[End General Terms and Conditions of Service]By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
[This page intentionally left blank.]By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
Important Message 101Important Information about this device’s “open” architecture. This device is an “open” device. What that means is that you are free to use it to access the Internet as you see fit. You may go to websites you like and you may download or use applications or software that you choose.Please take care to visit only trusted websites and download applications only from trusted entities. Sprint has no control over websites you visit or applications and software you download, and Sprint’s policies do not apply to those websites, applications or software. The websites you visit may place “cookies” or other files on your device when you visit them. Downloaded applications or software may access, use or share information on your device, like your contacts or your location. Although Sprint is excited to allow our customers to make their own choices about the Internet sites you wish to visit or the applications or software you’d like to use, we do want to remind you that Sprint is not able to help you troubleshoot issues connected with your use of non-Sprint applications or software (such as the ones you may select and download to your device). Sprint also will not be able to provide you credits for applications or software that you download from sources other than Sprint. And, Sprint is not liable for the websites you visit or anything you download or cause to be downloaded to your device. Damage related to websites visited or downloads to your device may not be covered by Sprint’s Service and Repair policy, or your device insurance policy. For more information about Sprint’s policies, products or services, please visit us at www.sprint.com.Important Message From SprintBy accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only
©2012 Sprint. Sprint and the logo are trademarks of Sprint. Other marks are the property of their respective owners.Printed in China GH68-XXXXXXSPT_J_IIB_Eng_TE_021213_D1SFI-01042By accessing this document, the recipient agrees and acknowledges that all contents and information in this document (i) are confidential and proprietary information of Samsung, (ii) shall be subject to the nondisclosure agreement regarding Project J, and (iii) shall not be disclosed by the recipient to any third party. Samsung Proprietary and ConfidentialDRAFT-For Internal Use Only

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