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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 total damage claims, exclusive of
attorney fees and expert witness fees, are $5,000.00 or less
("Small Claim"), the arbitrator may, if you prevail, award your
reasonable attorney fees, expert witness fees and costs as part
of any award, but may not grant Samsung its attorney fees,
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
required to pay no more than half of the total administrative,
facility and arbitrator fees, or $50.00 of such fees, whichever is
less, and Samsung shall pay the remainder of such fees.
Administrative, facility and arbitrator fees for arbitrations in
which your total damage claims, exclusive of attorney fees and
expert witness fees, exceed $5,000.00 ("Large Claim") shall be
determined according to AAA rules. In a Large Claim case, the
arbitrator may grant to the prevailing party, or apportion among
the parties, reasonable attorney fees, expert witness fees and
costs. Judgment may be entered on the arbitrator's award in any
court of competent jurisdiction. This arbitration provision also
applies to claims against Samsung's employees, representatives
and affiliates if any such claim arises from the licensing or use of
the Software. You may opt out of this dispute resolution
procedure by providing notice to Samsung no later than 30
calendar days from the date of the first consumer purchaser's
