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of law provisions. 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.
16.
DISPUTE RESOLUTION
.
(a) Non-United States residents. If a dispute
, controversy or
difference arising in any way from this EULA or your use of the
Software is not amicably settled, it shall be subject to the non-
exclusive jurisdiction of the courts of the jurisdiction where you are a
resident. Notwithstanding the foregoing, Samsung may apply for
injunctive remedies (or an equivalent type of urgent legal relief) in
any jurisdiction.
(b) United States residents. ALL DISPUTES WITH SAMSUNG 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 arbitrator
shall decide all issues of interpretation and application of this
arbitration provision and the EULA. For
any arbitration in which your
He
alth and Safety Information
192
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