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16. DISPUTE RESOLUTION.
provision. The arbitrator shall decide all issues of interpretation
(a) Non-United States residents. If a dispute, controversy or
and application of this arbitration provision and the EULA. For any
difference arising in any way from this EULA or your use of the
arbitration in which your total damage claims, exclusive of
Software is not amicably settled, it shall be subject to the
attorney fees and expert witness fees, are $5,000.00 or less
non-exclusive jurisdiction of the courts of the jurisdiction where
(“Small Claim”), the arbitrator may, if you prevail, award your
you are a resident. Notwithstanding the foregoing, Samsung may
reasonable attorney fees, expert witness fees and costs as part
apply for injunctive remedies (or an equivalent type of urgent
of any award, but may not grant Samsung its attorney fees,
legal relief) in any jurisdiction.
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
(b) United States residents. ALL DISPUTES WITH SAMSUNG
required to pay no more than half of the total administrative,
ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE
facility and arbitrator fees, or $50.00 of such fees, whichever is
SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL
less, and Samsung shall pay the remainder of such fees.
AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any
Administrative, facility and arbitrator fees for arbitrations in
such dispute shall not be combined or consolidated with any
which your total damage claims, exclusive of attorney fees and
other person's or entity's claim or dispute, and specifically,
expert witness fees, exceed $5,000.00 (“Large Claim”) shall be
without limitation of the foregoing, shall not under any
determined according to AAA rules. In a Large Claim case, the
circumstances proceed as part of a class action. The arbitration
arbitrator may grant to the prevailing party, or apportion among
shall be conducted before a single arbitrator, whose award may
the parties, reasonable attorney fees, expert witness fees and
not exceed, in form or amount, the relief allowed by the
costs. Judgment may be entered on the arbitrator's award in any
applicable law. The arbitration shall be conducted according to
court of competent jurisdiction. This arbitration provision also
the American Arbitration Association (AAA) Commercial
applies to claims against Samsung's employees, representatives
Arbitration Rules applicable to consumer disputes. This
and affiliates if any such claim arises from the licensing or use of
arbitration provision is entered pursuant to the Federal Arbitration
the Software. You may opt out of this dispute resolution
Act. The laws of the State of Texas, without reference to its
procedure by providing notice to Samsung no later than 30
choice of laws principles, shall govern the interpretation of the
calendar days from the date of the first consumer purchaser's
EULA and all disputes that are subject to this arbitration
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