05-04-2021 07:00 PM
Good evening. Could you explain in more detail the EULA clause for a large family:
«You may not rent, lease, lend, sublicense … the Software.»
«You may not transfer this EULA or the rights to the Samsung Software granted herein to any third party unless it is in connection with the sale of the mobile device which the Samsung Software accompanied.»
Can I transfer / lend my Galaxy smartphone to my wife / children / parents without selling it to them?
Can a relative use a Galaxy smartphone that he did not buy, but received as a gift, without violating the EULA terms?
Can I buy and give as a gift a Galaxy device to my relative without selling it to him?
Can friends use my Galaxy smartphone while visiting me?
I would like to think that Samsung is really made for the family.
Thank you.
05-04-2021 11:56 PM - last edited 05-04-2021 11:59 PM
06-04-2021 07:56 PM
Good evening.
Thank you for your answer, it seems logical and I hope it is, but based on the context of the EULA temporary device transfer = software use.
If it is possible, it would be nice to get an answer from a Samsung representative.
If my family and I can use the Galaxy devices bought by me, I will gladly buy more;))
Thank you.
06-04-2021 09:11 PM - last edited 06-04-2021 09:12 PM
07-04-2021 08:46 PM
Hello.
Yes, I agree with you, and I understand, that this is a simple condition in the license agreement, as well as the fact, that many users freely share with bought phones, tablets or other Samsung devices with their children, relatives or guests.
But this is understandable only up to a certain point.
"You may not rent, lease ..." - everything is in order and does not raise questions.
"You may not ... lend" - the word "lend" means: to give (something) to (someone) to be used for a period of time and then returned.
In some European Union countries (and possibly most) the transfer / "lend" of a device with embedded software is considered exactly as the transfer / "lend" of this software, which must take place in accordance with the terms of the license agreement, be legal and not violate the license agreement. In the frame of these laws isn’t considered whether the software was separated from the device and transferred/ “lent” or was embedded in the transferred/ “lent” device.
Device “lent” = software “lent”.
Punishment for violation of the terms of the license agreement: confiscation and destruction of the device, a fine in the amount of the cost of the software and the obligation of purchasing a licensed product. And this is all together! For example, if the phone was worth 500 Euro, then this device can be destroyed + a fine of 500 Euro + the obligation to buy another phone for 500 Euro = 1500 Euro.
In other words, I want to be sure, that I can give my Samsung phone for temporary use to my minor child, that my wife can read news from my Samsung phone and that my family can watch Youtube in the evenings, using a Samsung tablet without violating the terms of the Samsung license agreement.
Even if we are the first, who care about this issue, this post can help clarify the understanding of this point for other Samsung users.
Thank you :)))