This agreement and the customer`s relationship with Samsung are governed and interpreted in accordance with The laws of the State of Texas, regardless of its conflict of laws. Subject to Samsung`s right to obtain injunctions (or an equivalent type of appeal) in any jurisdiction in a jurisdiction, the client agrees unconditionally and agrees that: (1) all claims, disputes or controversies (whether a contract, violation or otherwise) the customer against Samsung or senior executives, Directors and collaborators of Samsung and its subsidiaries or related companies (all of those persons and entities collectively referred to as “Samsung units”) who communicate about or in any way related to the software or this ECJ (including their existence, validity or termination) or the determination of the scope or applicability of this agreement are exclusively subject to the final and binding arbitration of JAMS or any other mutually acceptable alternative regulation. Service providers (“arbitration tribunals”) are managed and settled in the United States before a single arbitrator in accordance with the rules of the Arbitration Court; (2) This arbitration agreement is made on the basis of a transaction related to intergovernmental trade in the United States and is subject to the Federal Arbitration Act (“FAA”), 9.C. (3) The arbitrator`s decision is controlled by that agreement and by all other agreements covered by it that the client concerned may have entered into in relation to the software; (4) the arbitrator takes into account the rights recognized by the law; (5) There is no power for claims handled on a class or on a representative basis, arbitration can only decide on the individual rights of the customer and/or the Samsung entity concerned; The arbitrator does not consolidate or associate the claims of other persons or parties in a similar situation; (6) the arbitrator is not entitled to inflict punitive, model, special or consecutive damages on the customer or a Samsung unit; (7) In the event that the administrative fees and deposits that must be paid to initiate arbitration proceedings against a Samsung entity exceed USD 125 and the client is unable (or not, according to the rules of the Arbitration Tribunal) to pay fees and deposits greater than that amount, Samsung undertakes to pay them and/or pass them on to the client`s name, subject to the final award by the arbitrator. In addition, if the client is able to demonstrate that the cost of arbitration will be prohibitive in relation to the cost of litigation, Samsung will pay as much of the client`s registration and hearing fee in the arbitration as the arbitrator deems necessary to avoid prohibitive arbitration; and (8) With the exception of points 5 and 6 above, where a part of this arbitration provision is found to be invalid, unenforceable or illegal or is in conflict with the rules of the Arbitral Tribunal, the balance of this arbitration provision remains in force and is interpreted according to its provisions as if the invalid, unenforceable, illegal or contradictory provision was not included. However, if the subsection (5) or subsection (6) is found to be invalid, unenforceable or illegal, if Samsung chooses it, the whole of this arbitration provision is null and void and neither the customer nor Samsung is entitled to settle their dispute. Support and maintenance services (“maintenance service”) may be provided by Samsung in accordance with Samsung`s product policy support services under www.samsungknox.com/en/support-services-for-knox-products (“Samsung`s support policy”) which may be modified from time to time at Samsung`s sole discretion.
- Sample Of Land Sale Agreement In Tanzania
- Securities Purchased Under Agreements To Resell Definition