White paperTransport of Dangerous Goods – Samsung SDS Strategy & Case

[How to Agree to the Terms]
How Samsung SDS can make changes to the Terms and how Samsung SDS or you can terminate the Terms

1. Accepting the Terms

1. 1.1 In order to use the Services, you must first agree to the Terms. Typically, you can agree to the Terms by clicking on the "I Agree" button on the Site, or by using similar features.
2. 1.2 By actually using the Services, you accept the Terms. In this case, you understand and agree that Samsung SDS will treat your use of the Services as acceptance of the Terms from that point onwards.

2. Modifying the Terms

1. 2.1 Samsung SDS may make changes to the Terms by reasonable means from time to time. When changes are made to the Terms, Samsung SDS will give notice of the changes and the reason 10 days prior to implementation (at least 30 days prior to the effective date of any adverse or material changes to you) and by appropriate means such as email, if necessary. If Samsung SDS is unable to give specific notice to you because you do not enter your contact information or due to changes to your contact information, Samsung SDS’ posting of the changes to the Terms on the Samsung SDS site constitutes notice specific to users.
2. 2.2 If you do not clearly reject the changes to the Terms by the effective date of the updated Terms or if you use the Services after the date on which the Terms have changed, Samsung SDS will treat this as an acceptance of the updated Terms. If you reject the updated Terms, your use of the Services provided by the Samsung SDS site may be limited or suspended.

3. Terminating the Terms and result of termination

1. 3.1 The Terms will continue to apply until use of the Services is terminated by either you or Samsung SDS.
2. 3.2 Samsung SDS may at any time, suspend or terminate use of the Services by providing 30 days' written notice of termination using your email address provided to Samsung SDS as part of the Registration Data or by other appropriate means of receiving notice of termination.
3. 3.3 Samsung SDS may at any time, terminate its legal agreement with you if:

   (a) you have materially breached the Terms;
   (b) you have directly indicated by action, statement or otherwise which clearly shows that you do not intend to comply with the Terms;
   (c) the supplier or partner that offered the Services to Samsung SDS or with whom Samsung SDS offered the Services to you has decided to cease to offer any part of the Services to you, or the supplier or partner has decided to terminate its relationship with Samsung SDS;
   (d) the supplier or partner that offered the Services to Samsung SDS or with whom Samsung SDS offered the Services to you is required to cease to offer any part of the Services (for example, where the provision of the Services to you becomes, or is deemed, unlawful as a result of a change in applicable laws or by court decision or award).

4. 3.4 Termination of the Terms shall not affect your or Samsung SDS' rights, obligations and liabilities which have accrued whilst the Terms have been in force.
5. 3.5 You may not use the Services if you do not accept the Terms or after the Terms are terminated by either you or Samsung SDS.

4. Limitation on provision and use of the Services

1. 4.1 Samsung SDS provides the Services to you.
2. 4.2 Unless otherwise specified in the Terms, you agree that you will only use the Services for personal, non-commercial purposes, and you will not process, reproduce, duplicate, copy, sell, trade, resell any part of the Services or use any part of the Services for commercial purposes.
3. 4.3 You agree that in using the Services, you will comply with the Terms and any applicable laws of the relevant jurisdictions, including the jurisdiction of your residence of your use of the Services.
4. 4.4 Samsung SDS may take the following actions at any time at Samsung SDS' sole discretion, without prior warning or notice to you.

   a. stop providing any part of the Services permanently or temporarily
   b. set an upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service
   c. pre-screen, review, flag, filter, modify, refuse, reject, block access or remove any or all audio files and sound files, data files, images, music, photographs, software, videos or written texts ("Content") from through the Services.

5. 4.5 Samsung SDS will use reasonable efforts to (a) ensure that the Services are provided to you without undue interruption, disruption or delay, and (b) minimize any interruption, disruption or delay in the Services.
6. 4.6 You agree not to use (or attempt to use) any services other than through the interface that is provided by Samsung SDS, and you agree not to use (or attempt to use) any of the Services through any automated means (including use of scripts and/or web crawlers).
7. 4.7 You agree that you will comply with all guidelines Samsung SDS provides to you with respect to the Services, and you agree that you will not engage in any activity that interferes with or disrupts the Services or the servers, networks or other equipment which are connected to the Services.
8. 4.8 Some of the Services are available over a mobile network or are especially useful when used over a mobile network. You understand that your network provider may charge you for network access, the duration of your mobile phone/mobile device's network connection, and the amount of data used to use the Services. You are solely responsible for checking with your network provider whether these charge may apply before using the Services.

5. Advertisements

You agree that Samsung SDS may place or display advertisements, promotions or other content and materials or products for promotional purposes as part of the Services.

6. Content provided in the Services and content license

1. 6.1 Content in the Services, or which you may have access to as part of or through your use of the Services, are the sole responsibility of the person from whom such content originated. Content may include advertisements, promotions and documents or other sponsored content.
2. 6.2 Content may be protected by title or intellectual property rights which are owned by third parties. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content in whole or in part, and you may not grant a license to this Content.
3. 6.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Services solely at your own risk in this respect.

7. Your content and content license from user

1. 7.1 By uploading, sending, creating, posting and displaying your Content on or through the Services, you allow Samsung SDS to use your content for the purpose of providing the Services. You also give Samsung SDS a worldwide, royalty-free, and non-exclusive license to duplicate, reproduce, adapt, modify, edit, distribute, translate, digitalize, publish, publicly perform and publicly display your Content ("Your Content License").
2. 7.2 Samsung SDS adapts Your Content License limited to the purpose of the Services.
3. 7.3 You agree that Your Content License includes a right for Samsung SDS to (a) perform the required technical steps to conform and adapt your Content for use in the Services, including making such changes to your Content as are necessary to provide the Services to our users and/or to transmit or distribute your Content over various public networks and in various media, and (b) make your Content available to and grant a sublicense to third parties to use such Content in connection with the provision of the services of the third parties You agree that Your Content License shall permit Samsung SDS to take these actions.
4. 7.4 Samsung SDS agrees that it obtains no right to your Content, and you have the copyright and all other rights to your Content provided on or through the Services.
5. 7.5 You agree that you are solely responsible for protecting and enforcing any intellectual property rights existing in or related to your Content, and that Samsung SDS has no obligation to do so on your behalf.
6. 7.6 You must back up your Content stored on Samsung SDS to another location outside of the Services in order to avoid loss of your Content and other data (by making a copy or backing up with a special online backup service).

8. License from Samsung SDS Services

1. 8.1 Samsung SDS and/or Samsung SDS' suppliers and/or licensors, whether registered or not, retain and reserve all rights, including intellectual property rights, to the Services.
2. 8.2 Samsung gives you a worldwide, non-assignable, non-transferable, non-exclusive, personal and royalty-free license to use the Services (including any software products or materials provided to you as part of the Services) as provided to you by Samsung SDS (“Samsung SDS License”). The Samsung SDS License enables you to use and enjoy the benefit of the Services under the Terms.
3. 8.3 Samsung SDS retains all rights in connection with the Services other than the rights granted to you under the Terms.
4. 8.4 You may not, and you may not permit third parties to, copy, edit, modify, make changes to, create a derivative work of, reverse engineer, decompile or otherwise extract the source code of the Samsung SDS Services (or any part thereof), unless Samsung SDS has given you specific written permission to do so.

9. Proprietary rights

1. 9.1 Samsung SDS grants you only the right to use the Services such as Content under the terms and conditions set by Samsung SDS.
2. 9.2 You agree that you will not remove, obscure, alter or otherwise change any notices of trade mark, service mark, trade name, logo or other mark of any third party (including copyright and trade mark notices) which may be affixed to or related to the Services.
3. 9.3 You agree that you will not use any trade mark, service mark, trade name, logo or other mark of any third party in a way that is intended to, likely to, or expected to mislead or cause confusion about the owner, licensee or authorized user (as the case may be) of such marks, names or logos.

10. Registration Data

1. 10.1 In order to access the Services in whole or in part, you are required to provide information about yourself ("Registration Data").
2. 10.2 You agree to provide accurate current Registration Data when you register for the Services, and to keep Registration Data up to date at all times as part of your continued use of the Services.

11. Privacy and personal information

Samsung SDS is committed to protecting our users' personal information at all times. For information about Samsung SDS’ data protection practices, please read our Privacy Policy. This policy explains how Samsung SDS treats your personal information and protects your privacy when you use the Services.

12. Your representations and warranties

1. 12.1 You are solely responsible for your content provided by you and any consequences arising from your content (including any loss or damage which may be incurred by Samsung SDS). In particular, you represent and warrant to Samsung SDS as follows

   A. You own all legal rights to your content, or you have the right to grant Your Content License to Samsung SDS in another way.
   B. Your content does not infringe on any intellectual property rights or any other third party rights.
   C. Your content does not include illegal material, such as inaccurate, obscene, violent, lewd, threatening, or slanderous material.
   D. Your content does not include viruses or other harmful software, code, or similar means and devices that compromise, harm, disable, or otherwise restrict the functionality and performance of the Services and/or devices that access such content. This is regardless of whether the device belongs to a third party, including a company or another user or server, a network node, or similar equipment.
   E. Your content complies with age classification rules and requirements (including, in some cases, accurate and appropriate classification and evaluation of your content) under the laws of all countries, including your country of residence or use of the Services.
   F. Samsung SDS' use of your content does not obligate Samsung SDS to pay any kind of monetary contribution (including license fees, charges, or other charges) to any third party (especially a fee collection agency).

2. 12.2 You agree to indemnify and hold harmless Samsung SDS from any loss, damage, liability or expense incurred by Samsung SDS as a result of such breach of warranty.

13. Samsung SDS' representations and warranties

1. 13.1 Unless otherwise specified in the Terms, Samsung SDS and its suppliers, partners and/or licensors shall provide the Services using their best efforts and exclude all warranties and conditions of any kind, express or implied. In particular (but not limited to) Samsung SDS and its suppliers, partners and/or licensors do not represent or warrant the following.

   A. In some cases, the Services comply with all quality levels, whether they are suitable for all purposes, your requirements, or are provided free from any error or defect.
   B. Services are always available to you and without interruption, failure or delay.
   C. The Services do not infringe copyright or violate laws in your country of residence or anywhere in the world.
   D. Any information (phrased or written) obtained by you from Samsung SDS (including data or products) may be suitable, accurate or complete or reliable.
   E. Any defects in the Services, including any performance, operational or functional defects in the Services or software provided to you, will be corrected, corrected or otherwise remedied.

2. 13.2 Any document or material (including software and firmware updates) downloaded, installed or otherwise obtained through your use of the Services is provided "as is" by Samsung SDS, and is done at your own risk. Samsung SDS shall not be liable for any damage or data loss to the mobile phone software, computer system, or other device or device software that results from the download of any such document or material.

14. Your responsibility

You agree that you are solely responsible for any breach of the following obligations
A. The Terms
B. Relevant laws or regulations of the relevant jurisdiction, including your place of residence or jurisdiction of use of the Servicesf

You agree that you are solely responsible for the consequences of any such breach (including any loss or damage which Samsung SDS or any third party may suffer). Samsung SDS has no responsibility to you or to any third party for any such breach.

15. Samsung SDS' Responsibilities

1. 15.1 Notwithstanding Section 15.3, Samsung SDS shall not be liable to you for any of the following, regardless of any legal basis, particularly contract or liability theory, even if Samsung SDS was aware of such damages or losses.

   A. Any indirect, incidental, special or consequential damages
   B. Loss of any income, business, actual or expected profit, opportunity, goodwill or reputation (direct or indirect)
   C. Damage and/or impairment or loss (direct or indirect) of data suffered
   D. Any loss or damage as a result of the following
   

   I. The Terms or the terms of another agreement between you and Samsung SDS are violated due to Samsung SDS' negligence and its suppliers, partners and/or licensors
   II. (a) Services (including software, information, documents and materials provided to you as part of, or through your use of, the Services) or (b) any relationship or transaction between you and any advertiser or sponsor whose advertising (including promotional materials) appears on the Services in your use or as a result of your use of the Services, or any reliance placed by you on the appropriateness, accuracy, completeness, reliability or existence of the advertisement.
   III. Any changes, modifications, extensions, or restrictions Samsung SDS may make to the Services (including use of the Services and suspension of access to your Registration Data) or any permanent or temporary cessation in the provision of the Services (or part of the Services)
   IV. Someone else used your data (whether you knew it or not). You are solely responsible for compensating Samsung SDS for damages and/or losses caused by the use of your data by others.

2. 15.2 If Samsung SDS is liable for breach of the Terms, Samsung SDS' liability will be limited to damages generally expected at the time of signing the Terms, depending on the circumstances known at the time.
3. 15.3 Nothing in the Terms shall exclude or limit Samsung SDS' liability for the following.

   A. Liability under death, injury, fraud or Product Liability Act
   B. Warranty or liability for or loss or damage which may not be lawfully excluded or limited by applicable law. If the laws of your jurisdiction do not allow the limitation or exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in your jurisdiction will apply to you and Samsung SDS' liability and warranty will be limited to the maximum extent permitted by law.

16. Force majeure

1. 16.1 You agree that Samsung SDS is not liable for any failure or delay in the performance of its obligations under the Terms due to an event beyond its reasonable control ("Force Majeure Event"), especially including (but not limited to) (a) disabled public or private networks, (b) government actions, orders, laws or restrictions, (c) strikes, factory lockouts or other labor disputes, riot, hostilities, invasion, acts or threats of terrorism, act of war (whether declared or not) or any other natural disasters and acts of God.
2. 16.2 The performance of Samsung SDS' obligations under the Terms shall be suspended during the period of interruption caused by a Force Majeure Event, and the period of performance shall be extended by a period of time equal to the period of interruption caused by the Force Majeure Event.
3. 16.3 Notwithstanding the Force Majeure Event, Samsung SDS shall make reasonable efforts to find a solution to end the Force Majeure Event and fulfill its obligations under the Terms.

17. Links to third party sites and other content

1. 17.1 The Services may include hyperlinks to third-party content or resources and services ("External Resources"), including other web sites. Samsung SDS is not responsible for, and may have no control over, any content (including advertising, products and other materials) which are provided by third parties other than Samsung SDS. You acknowledge that Samsung SDS is not responsibility for the availability of such External Resources. You acknowledge that Samsung SDS is not liable for any loss or damage which may be incurred by you as a result of the availability of the External Resources and/or the External Resources displayed to you (including as a result of any reliance placed by you on the availability, completeness, accuracy, applicability or completeness of the External Resources).

18. Claim and notice procedures for infringement of intellectual property rights and other rights.

1. 18.1 Samsung SDS may, under applicable law, block (temporarily or permanently) your access if you repeatedly infringe copyright laws or violate other applicable laws in response to notices of copyright infringement or other alleged violations.
2. 18.2 To notify Samsung SDS of copyright infringement or other violations of the law by the Services and content provided or displayed in the Services, please send to [http://help.content.samsung.com].

19. Confidentiality

1. 19.1 The Services may contain confidential information of Samsung SDS, including (but not limited to) all information provided to you as confidential information, which may be designated as confidential information, recognized as trade or business secret, or recognized as confidential information for other reasons.
2. 19.2 Unless otherwise stated in the Terms, you shall (a) keep such information confidential indefinitely and shall not disclose such information without Samsung SDS' prior written consent, (b) record or otherwise use such information unless required for the purposes of the Terms.
3. 19.3 Section 19.1 does not apply where the Company's confidential information is required to be disclosed in accordance with applicable law. In such cases, as long as applicable law permits, you will immediately notify the Company of the disclosure of your confidential information.

20. Compensation for damages and dispute resolution

For relief of damages and disputes in connection with content business or content use from the Services provided, you can apply for dispute settlement to the Content Dispute Resolution Committee pursuant to Article 30 of the Cultural Industry Promotion Act.

21. General legal terms

1. 21.1 The Terms constitute the whole legal agreement between you and Samsung. Representations, declarations or agreements made elsewhere, whether directly or indirectly, in writing or verbally, or through advertising, shall not be binding on Samsung SDS unless expressly confirmed in writing to you by Samsung SDS.
2. 21.2 You agree that Samsung SDS may provide you with notices (including those regarding changes to the Terms or termination of the Services or any part thereof), by email, regular mail, or postings on the Services the Services.
3. 21.3 If Samsung SDS does not exercise or enforce any legal right or remedy which is contained in the Terms, or which Samsung SDS has the benefit of under any applicable law, this will not be taken as a formal waiver of Samsung SDS' rights or remedies, and those rights or remedies will still be available to Samsung SDS.
4. 21.4 Even if any court of law having the jurisdiction to decide on this matter rules that any provision of the Terms is invalid, illegal or unenforceable (in whole or in part), the remaining provisions of the Terms will continue to be valid, legal and enforceable.
5. 21.5 You shall not transfer, provide collateral or otherwise dispose of any of your rights or responsibilities arising under the terms or conditions in a separate agreement with you without Samsung SDS' prior written consent.
6. 21.6 The relationship between you and Samsung SDS under the Terms shall be governed by the laws of the Republic of Korea without regard to its conflict of laws provisions. A court having jurisdiction over your address when a complaint is filed shall have exclusive jurisdiction over any lawsuits between Samsung SDS and you in connection with the Services, and in case there is no address of you, the court having jurisdiction over the place of residence shall have exclusive jurisdiction. Provided, however, if your address or residence is not clear when the complaint is filed, the Seoul Central District Court shall have exclusive jurisdiction.