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Original topic:

Samsung EULA for families

(Topic created on: 05/04/21 20:00)
UserAl
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Mobile Apps & Services

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.

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Shazzkid
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That specific EULA clause is regarding the distribution of the software license, which still remains Samsungs intellectual property, even after your purchase the device, not the device itself.
You are free to lend, sell the device as a whole or its hardware in any form to anyone, including family.
UserAl
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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.

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Shazzkid
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What you need, isn't a Samsung representative, as even they don't have the legal knowledge to give you a definitive answer. But if thats all that matters to you, then AndrewL one of the moderaters liked my comment in agreement.

If you need absolute certainty because of a real legal issue with the EULA then my advice is to contact a lawyer.

In all honesty tho, this is a simple clause within the contract and it doesn't require a lawyer to understand it.
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UserAl
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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 :)))

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