Kies


Company Samsung
Product Kies
a tool by Samsung for transferring files, updating software, and syncing wirelessly from phone or tablet to computer
Date 19 April 2013

Appearance

Stats

Calculated with Edit Central

characters 13424
non-space characters 11232
letters/numbers 10967
words 2105
complex words 334
syllables 3407
sentences 98
chars per word 5.21
syllables per word 1.62
words per sentence 21.48

Indices

Flesch reading ease score: 48.8
Automated readability index: 13.8
Flesch-Kincaid grade level: 11.9
Coleman-Liau index: 13.5
Gunning fog index: 14.9
SMOG index: 13.1

The EULA

Samsung Kies End User License Agreement

Read carefully the Samsung Kies End User License Agreement ( the "Agreement") before using Samsung Kies software as it contains important information.

Samsung Kies is a software program to entertain various contents including music and video through digital devices manufactured by Samsung Electronics Co., Ltd. (“Samsung”) including cell phones, MP3 players. You can download various contents through the Kies Music Store and easily transmit contents to digital devices through this Software.

By using this Samsung Kies software, you agree to comply with the Agreement. Otherwise, you cannot use this software. When you click the “I accept the terms of the license agreement” to install the software, you are deemed to have consented to the Agreement. If you do not agree, click the “Cancel” button so that you will not install the software.

Warning: This Samsung Kies software may be used for the purpose of reproduction . Your license as to reproduction is limited to reproduction of non-copyrighted materials, materials in which you own the copyright , or materials you have the right or legal approval for reproduction . The software can be used for remote access to content files for replaying through connections between different computers or between computers and other digital devices. Remote access to contents with a copyright is offered only for legal use or when legal permission is gained. When it is not clear whether you have the right for copying access, contact someone who can give you legal advice.

1. General Matters

Subject to the terms and conditions of this Agreement, Samsung allows you the license of the Samsung Kies software, documents, or fonts — whether they are in disc or ROM, or regardless of their types (collectively, "Samsung Software"). This means that the Samsung does not sell the Samsung Software to you . In addition, all rights that are not expressly identified as yours hereunder shall belong to Samsung or the parties to which Samsung grants the license (the “Samsung Licensee”). Rights offered herein are limited to the intellectual property right of Samsung Software and other patent rights or intellectual property rights are not included. You hold the media where Samsung Software is recorded. However, the proprietorship of the Samsung Software belongs to Samsung or the Samsung Licensee. The terms of this Agreement will govern any software upgrades provided by Samsung that replace and/or supplement the original Samsung Software product, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

2. License

Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to install and use the Samsung Software. You hereby use the Samsung Software only in computers which you own, lease, or maintain in some other manners apart from the manners set forth in Article 3 (Restriction of License) of this Agreement. Samsung shall not be responsible for any damages caused by you making available Samsung Software over a network where it could be used by multiple users. .

3. Restriction of License

You are not allowed to arbitrarily modify, translate, disassemble, decompile, or re-engineer a part or the whole of the Samsung Software( except to the extent expressly are allowed under the applicable laws). You shall not use Samsung Software for nuclear energy equipment, air traffic control, the operation of communication system, public transportation control, life support devices, or other devices that may cause deaths, injuries or severe physical or environmental losses in the event that this Samsung Software fails to perform in such devices. Any attempt to do so shall be deemed as a violation of the rights of Samsung and its licensors of the Samsung Software.

4. Transfer

You are not allowed to lease, rent, or reuse Samsung Software.

5. Consent for Data Use

You agree that Samsung or the parties that are entrusted by Samsung may, to the maximum extent permitted under the applicable law, collect and use data from your device on a regular basis. This data will include technologies, error information concerning digital devices and software, and customer management related information (namely, usage pattern information such as the frequency of use of particular function, frequency of installation/uninstallation and types of file format that have been added etc.) including technical information about your computer, systems, application programs and peripherals. This data will be used in order to offer Samsung Software updates, product support services, and other necessary services, and to confirm that you are using the Samsung Software in accordance with the terms and conditions of this agreement. Samsung Electronics may use such information to upgrade the product, or to offer you services and technical support so long as you cannot be identified or recognised through the collected information.

6. Kies Music Store and Other Services

You are allowed to use the services including the download of various charged contents offered in the Kies Music Store and Other Services (hereinafter, the "Service"). You need to connect your computer to the Internet to use the Service and agree on the related terms on the Service before you use a specific Service.

You may be exposed to contents containing unpleasant, offensive, or sexual languages while using the Service. However, you need to keep in mind that languages used in these contents may be considered unpleasant, offensive, and sexual depending on the users. You hold the whole responsibility for the use of the Service and Samsung is not responsible for any unpleasant, offensive, or sexual contents you may be exposed to while using the Service. Samsung offers the types of contents and explanations on them for your convenience but does not guarantee accuracy thereof.

The Service includes contents of third parties or website links. However, Samsung shall not be responsible for inspection of such contents or websites, nor evaluation of the accuracy of such contents. In addition, Samsung is not responsible for any guarantee for those materials, websites, services, or products. The links offered through the Service are offered only for your convenience. You agree that you will not infringe on or violate a third party’s rights and Samsung holds no responsibility for any possible infringement or violation of a third party’s rights. Any image provided by third parties may be deleted for any cause.

Various graphics, audio clips, or explanations contained in this Service may expose information on Samsung or individual ownership information of the Samsung Licensee. As such information or materials are protected by copyrights, related intellectual property rights, or laws you are allowed to use the information and materials only within the permitted scope thereof.

You are not allowed to reproduce any part of the Service regardless of type or method. Also, you should not modify, rent, lease, or sell it, nor carry out any related secondary works. Further, you are not allowed to commit any wrongful application of the Service including illegal access to the network or system overload.

Samsung reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Samsung be liable for the removal of or disabling of access to any such Services. Samsung may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

7. Termination

This Agreement is effective until its termination. Should you not comply with terms and conditions of this Agreement, your right based on this Agreement will be automatically terminated without a prior notice from Samsung . You should stop the use of the whole of Samsung Software upon termination and destroy the whole of Samsung software copies.

8. Disclaimer of Warranties

To the extent not prohibited under the applicable law, Samsung does not provide any warranty related to the accuracy, trustworthiness, or stability of Samsung Software or the Services. In addition, Samsung does not hold responsibility for any possible losses from the use of the software or its disorder, or from any related security violation. However, this exclusion is not applied when such losses take place due to any willful or gross negligent acts or omissions of Samsung .

You clearly state and agree that you use the Samsung Software and the Service specified above under your responsibility and also you are entirely responsible for the satisfaction, performance, accuracy or effort as to the quality.

Except for limited warranties and to the maximum extent permitted under the applicable law, the Samsung Software and the Service are offered "AS IS" without any other types of warranty. In addition, Samsung and the Samsung Licensee hereby disclaim all warranties and conditions with respect to the Samsung Software and the Services either express, implied or statutory including, without limitation to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose , accuracy, or non-infringement of a third party’s rights .

Functions in the Samsung Software and the Service may not satisfy all of your requirements. Errors may take place during the operation of the software or the service, but Samsung will carry out upgrade in accordance with its program modification schedules. However, this does not indicate that it will fix all software or service errors. Even if Samsung or the Samsung Licensee offer verbal or written information or advice, this shall not be deemed as provision or offer to provide any express or implied warranty on the Samsung Software or the Services..

9. Limitation of Liability

To the maximum extent not prohibited by the applicable laws, in no event Samsung shall be held liable for any personal injury or any indirect, special, incidental or consequential damages or loss whatsoever including, without limitation, loss of profits, loss of data, business interruption or other commercial damage whether they are sustained from the use of Samsung Software or the Service or any errors during the use, or regardless of the root cause that led to such problems. This is applied regardless of legal principles of liability (contracts, torts or others), or even if Samsung has been informed on a possibility of such damages in advance. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

10. Governing Law and Severability This Agreement shall be governed and interpreted in accordance with the laws of the Republic of Korea without reference to the principle of conflict of laws. The application of the United Nations Convention on Contracts for International Sale of Goods is hereby expressly excluded. Should any provision or a part of it be found not to be enforceable, the other provisions of this Agreement are continuously and completely valid.

11. Entire Agreement and Controlling Language

This Agreement composes entire agreement among parties to which Samsung grants the license and shall supersede all agreements made earlier or simultaneously. No amendment to or modification of this Agreement will be binding unless in writing and signed by Samsung. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

12. Software Update

When there is an update of software, Samsung will offer the updated one to end users. Functions may be added or the functions provided in the previous version may be deleted through the update whereby Samsung or the Samsung Licensee shall not be responsible for any damages caused by such deletion attributable to your negligence. As this is a condition taking place as Samsung directly or indirectly provides software and hardware maintenance services to end users, you are deemed to have agreed with this condition.

In the event that updates are required for bug fixes, function enhancement or modification of program code you will be deemed to have consented that updates are automatically requested, downloaded and implemented without notifying end users thereof.

13. Copyright

Samsung or its licensor holds all copyrights and property rights for this Samsung Software and its copies. All property rights and intellectual property rights of contents exposed to you through the use of this Samsung Software belong to their owners, and thus protected by related copyright laws or international conventions. This Agreement does not grant any license to such contents. Samsung holds all rights that are not expressly licensed to other parties.

14. Acknowledgement and Terms of Third Party Rights

Portions of the Samsung Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the “online” electronic documentation for the Samsung Software or may otherwise accompany such material, and use of such material is governed by their respective terms.

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2 Responses to Kies

  1. Devala Griffith says:

    ‘8……You clearly state and agree that you use the Samsung Software and the Service specified above under your responsibility and also you are entirely responsible for the satisfaction, performance, accuracy or effort as to the quality.
    Except for limited warranties and to the maximum extent permitted under the applicable law, the Samsung Software and the Service are offered “AS IS” without any other types of warranty. In addition, Samsung and the Samsung Licensee hereby disclaim all warranties and conditions with respect to the Samsung Software and the Services either express, implied or statutory including, without limitation to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose , accuracy, or non-infringement of a third party’s rights.’

    Does that mean the warrenty on my phone does not apply while i use this?

    • dsimovjimmy says:

      I do not know what this means. I guess that it might mean whatever one wants it to mean. It is like the Bible – subject to interpretation.

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