Samsung Mobile User Trial System User Agreement

Article 1 (Purpose)

This User Agreement for Samsung Electronics’ Samsung Mobile User Trial System (hereinafter “User Agreement”) aims to set forth the rights, obligations and responsibilities of “Company” and “User” (defined separately) with respect to the User’s use of the Samsung Mobile Trial System operated by Samsung Electronics (hereinafter “Company”).

Article 2 (Definitions)

• 1. “Samsung Mobile User Trial System” (hereinafter “UT System”) is a system constructed and operated by the Company for mutual cooperation between the Company and the User. UT System has the following purposes:
  • ① To record any problem that occurs in the use of Samsung Mobile products (Testing management)
  • ② To check the problems recorded by a tester (current state/statistics)
  • ③ To convey public notices and share information regarding product testing (bulletin board)
  • ④ To share all information about models for which the test period has expired (information about previous tests)
• 2. “User” is an individual who has been finally approved by the Company after passing all necessary procedures required for user registration, such as consent to this User Agreement regarding the UT system, and the provision of diverse information requested by the Company.
• 3. “ID” is a combination of letters and numbers selected by the User and approved by the Company. In principle, each User can have only one ID.
• 4. “Password” is a combination of letters and numbers selected by the User and approved by the Company, to confirm the identity of the User and protect his/her rights and confidential information. In principle, each User can have only one Password.
• 5. Definitions of other terms used in this User Agreement shall follow the relevant laws and regulations and commercial practices.

Article 3 (Application and Revision of User Agreement)

• 1. This User Agreement shall be effective upon the consent of the User during user registration.
• 2. From time to time, the Company may revise this User Agreement to promote the smooth operation of “UT System.” In the event that the Company revises this User Agreement, it shall post the effective date and the reasons for revision along with the current user agreement on the front page of the “UT System” homepage for a period from seven (7) days before the effective date to the day before the effective date. Notwithstanding the foregoing, in the event of an emergency, the Company may post a public notice and apply the revised user agreement immediately.
• 3. The User Agreement revised in accordance with Article 3, Paragraph 2 shall be applied to Users who have already registered before the applicable revision, unless such revised User Agreement violates the relevant laws and regulations and there is a separate transitional provision.
• 4. In the event that the User does not consent to the revised User Agreement, he or she is entitled to withdraw his or her membership in accordance with Article 5, Paragraph 1. Any failure to make objections by the day before the date of application shall be deemed as a consent to the revised User Agreement.
• 5. Any matters not specified in this User Agreement, and the interpretation of the contents of this User Agreement, shall follow the relevant laws, regulations and commercial practices.

Article 4 (User Registration Procedure)

• 1. The “UT System” use contract shall become effective when a potential user applies for registration and the Company accepts such application for registration.
• 2. Definition of the User and the authorization procedure shall be as follows, and authority to use menu, contents, etc, may vary depending on the classification and level of cooperation of the User and the Company.
  • 1) External User: UT tester
    • - Allowed to use “problem report” and “bulletin board” menus
    • - Approval of an administrator required after subscription of member in accordance with the procedure specified by the Company
  • 2) Internal User: UT tester, UT manager, local manager, global manager, administrator
    • - Allowed to use data related to operations such as “trouble shooting,” as well as “bulletin board”
    • - Approval of an administrator required after short-form subscription of member by accessing the System in SSO log-in
• 3. A person who wishes to apply to be a User shall accurately provide the following information on the User Application Form provided by the Company through the UT System homepage.

  - Name, resident registration number (for Koreans only), e-mail, contact information, other

• 4. In any of the following circumstances, the Company may refuse a potential User’s registration application:
  • 1) The same resident registration number or e-mail has already been registered
  • 2) The applicant has made a false entry, omission or error in the registration
  • 3) A person who was disqualified in accordance with Article 5, Paragraph 2 of this User Agreement applies for registration within the specific period from the date of such disqualification
  • 4) It is deemed that the User’s application for registration or the Company’s acceptance of the application violates the relevant laws and regulations or social order, or causes harm to sound business order
  • 5) The application for registration is made for the purpose of interrupting the operations of this System
  • 6) The Company’s requirements for application are not satisfied

Article 5 (Responsibility to manage personal information and the Company’s authority to amend and delete information)

• 1. The User shall provide his or her personal information in good faith based on the facts, and shall be liable for any damage due to the provision of incorrect or inaccurate content.
• 2. In principle, all personal information provided shall be done so by the User him/herself, and the User may access or change his or her personal information at any time.
• 3. In the event that any content of the personal information registered by the User violates social norms, the Company may change or delete such content at any time.

Article 6 (User Withdrawal and Disqualification)

• 1. User Withdrawal
  • 1) The User, at any time, may withdraw from membership in the service by giving notice of withdrawal to the Company via e-mail, fax, or other methods. Notwithstanding the foregoing, in the event that the User fails to return the testing device before his or her withdrawal, such withdrawal shall only be effective after the full return of the testing device.
  • 2) When the User gives a notice of withdrawal to the Company, the Company may go through a confirmation process.
  • 3) ) The “UT System” use contact between the User and the Company shall be terminated upon the withdrawal of the User.
• 2. User Disqualification
  • 1) The Company may disqualify the User in any of the following circumstances:
    • ① When it is found that the User is a false subscriber
    • ② When the User makes fraudulent use of another’s ID or password, or provides another person with his or her own ID or password
    • ③ When the User fails to comply with a testing request made by the Company for an extended period of time;
    • ④ When the User prevents smooth operation of the service provided by the Company
    • ⑤ When the User violates any obligation of this Agreement
  • 2) In the occurrence of any cause aforementioned, the Company will give a notice specifying the facts and the reasons for disqualification to the User via e-mail. In such a case, the “UT System” use contract between the User and the Company shall be terminated.
• 3. The Company shall not be liable for any damage to the User caused by his/her disqualification under Paragraph 2 of this provision.

Article 7 (Responsibility for management of User ID and Password)

• 1.The User may use the relevant system by accessing the UT System with his or her ID and Password.
• 2. The User shall be responsible for managing his or her User ID and Password, and shall not assign his or her User ID or Password, nor allow others to use them.
• 3. The Company shall not be liable for any disclosure of the User ID and Password not caused by the Company’s intentional act or negligence, and thus shall not be liable for any damage resulting from such disclosure.

Article 8 (Protection of Information)

• 1. If the collection of information is necessary, the Company will collect the minimum information required for the implementation of testing and statistics. The following items are compulsory items to be entered, and others are optional items.
  • ① Name
  • ② Resident registration number (Koreans only)
  • ③ E-mail
  • ④ ID
  • ⑤ Password
  • ⑥ Region
  • ⑦ Contact Information
  • ⑧ Sex
  • ⑨ Age
• 2. In the event that the Company collects information by which an individual can be identified, it shall obtain the approval of the User.
• 3. Information provided by the User cannot be used for purposes other than the provision of the service, nor can said information be provided to a third party without the prior consent of the relevant user, and the Company shall be liable for any violation of this requirement. Notwithstanding the foregoing, the following exceptions shall apply.
  • 1) In the event that information is provided in a form that does not reveal the identity of the individuals, for the purposes of statistics, academic research and marketing surveys
  • 2) In the event that the information is provided to an affiliated company to enable the User to access an affiliated service (However, in such a case, the Company shall give prior notice to the User specifying the name of the affiliated company, the purpose of the provision, and the details of the information to be provided, and obtain the consent of the User.)
• 4. In the event that the Company needs to obtain the consent of the User in accordance with Paragraphs 2 and 3, it shall specify and inform the User of the matters provided in Paragraph 3 of Article 16 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, such as the identity of the person responsible for personal information management (department, name, telephone number or other contact information), the purpose of the collection and use of such information, the matter regarding the provision of information to a third party, etc. In such a case, the User may withdraw his or her consent at any time.
• 5. The details of the person responsible for personal information management are as follows:
  • Name :
  • Department :
  • Title :
  • E-mail :
  • Telephone :
  • Fax :

  In addition, the details of the Personal Information Manager are as follows

  • Name :
  • Department :
  • Title :
  • E-mail :
  • Telephone :
  • Fax :
• 6. The User, at any time, may make a request for access to and correction of his or her information that is under the control of the Company, and the Company shall have the obligation to take any necessary measures to fulfill such request without delay. If the User makes a request for the correction of an error, the Company shall not use the relevant information until such information is duly corrected.
• 7. For the protection of information, the Company shall limit the number of personal information managers to a minimum, and shall be liable for any and all damages to the User resulting from the loss, theft, disclosure, falsification, etc. of his or her personal information caused by the Company’s intentional act or gross negligence.
• 8. Any third party receiving information from the Company shall destroy the relevant information when the purpose of its collection and provision is achieved.

Article 9 (Obligations of User)

• 1. The User shall comply with notifications given by the Company from time to time with respect to this User Agreement, the relevant laws and regulations or the use of UT System.
• 2. The User shall not copy, reproduce or change information obtained using the UT System, nor provide others with such information without the prior consent of the Company.
• 3. The User shall not commit any of the following acts with respect to the use of UT System.
  • 1) Illegal use of another’s User ID or Password
  • 2) Defamation or slander of others, including the Company, its employees and its officers
  • 3) Posting advertising materials without the prior approval of the Company, or continuous transmission of advertising mail or spam against the will of others
  • 4) Any act violating the relevant laws and regulations
• 4. The User shall have all rights and responsibilities for any and all contents posted by him or her through the UT System. In the event that the content of any posting falls under the categories defined in Paragraph 3 of this Article, the Company may delete it without giving prior notice to or obtaining the consent of the User.

Article 10 (Roles and Responsibilities of the Company)

• 1. The Company will strive to provide continuous, stable and reliable service to the User in accordance with this User Agreement.
• 2. The Company may collect user information for user registration, and the collected information will be used as basic data for Samsung Mobile test implementation of the User.
• 3. The Company shall indemnify the UT System user against any damages arising from an intentional act by the Company, or the Company’s gross negligence. Notwithstanding the foregoing, the Company shall not be liable for any interruption or breakdown of the system specified in Article 11. .

Article 11 (Interruption of operation of UT system and System breakdown)

• 1. The Company may temporarily interrupt the provision of the service for various reasons, such as repair and inspection or exchange of computation device, including computers or hacking, etc.
• 2. In the event that the Company deems that it is impossible to conduct a test due to a system breakdown that is beyond the control of the Company, the Company may take any measures necessary, such as cancellation of testing contents already entered or input. A system breakdown means that it is impossible to access the UT system due to a system failure or a malfunction of the network connected to the system, or that it is impossible to receive or transmit a problem registration.
• 3. If a failed entry of problem registration in the UT System is due to a malfunction of the User’s network or a breakdown by the network service provider, failure of the User’s system, etc., rather than due to a system breakdown specified in Paragraph 2 of this Article, such a failed entry is considered a non-transmission by the User.

Article 12 (Limitation of Liability)

• 1. The Company shall not be liable for any failure to provide the service due to force majeure events, including but not limited to acts of God, war, riot, rebellion, establishment or revocation of laws and regulations, orders or directions issued by public power, labor dispute, interruption of telecommunication service by common carrier, power failure, earthquake, incidents occurring in the work place, or any other uncontrollable event that impedes the provision of the service.
• 2. The Company shall not be liable for any failure to provide the service that is attributable to the User.
• 3. Except in the event of an intentional act or gross negligence by the Company, the Company shall not be liable for any and all damages resulting from the User’s reliance on the accuracy of information, data or facts posted in the UT System.

Article 13 (Ownership of Copyrights and Limitation of Use)

• 1. Copyright and all other intellectual property rights to the works made by the Company shall be owned by the Company.
• 2. The User shall not use information obtained during the use of the service, nor cause any third party to use such information for purposes other than sales of products or services, by means of reproduction, transmission, publication, distribution, broadcasting, or other methods without the prior approval of the Company.

Article 18 (Jurisdiction)

Any dispute between the Company and the User arising from or in connection with this User Agreement shall be resolved before the Seoul Central District Court as the competent court.

■ Supplementary Provision

This User Agreement shall be effective from June 21, 2010.