Last Updated: July 1, 2025

This End User License Agreement (“Agreement”) is a legal agreement between you and Fortemedia, Inc. a California Corporation and Fortemedia Singapore Pte. Ltd., a Singapore company (collectively, “Fortemedia”) for software accompanied by this Agreement, including SAMSoft (the “Software”). BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU DO NOT HAVE A LICENSE AND DO NOT DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.

Modification of This Agreement 
Fortemedia reserves the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice. The most current version of this Agreement will supersede all prior versions. Your continued use the Software after Fortemedia has posted a modification of this Agreement means that you agree to be bound by the modified Agreement, so you are encouraged to review the Agreement periodically. If the modified Agreement is not acceptable to you, your only recourse is to discontinue the use of and uninstall the Software.

Updates and Upgrades
This Agreement will also govern any Software upgrades and/or updates provided by Fortemedia, when and if available, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

Software License Grant
With respect to the SAMSoft software: if the Software was preinstalled on your personal computing device, then Fortemedia grants you a nonexclusive, revocable, limited, non-commercial, personal, non-transferable, non-assignable license to re-install, and run the Software, in object code form only, on such device.

The Software is licensed, not sold. Fortemedia grants you only those rights expressly granted to you in this Agreement provided that you comply with all terms and conditions of this Agreement.

Limitations on License
You are expressly prohibited from using the Software in any manner not specifically authorized by Fortemedia in this Agreement. You may not make more copies of the Software than specified in this Agreement. You may not publish, transfer, or otherwise make the Software available for others to copy. You may not modify, create derivative works, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You must comply with, and not work around or circumvent, any technical limitations in the Software. No license, right, or interest in or to Fortemedia’s name, or any Fortemedia trademark, product or technology is granted to you pursuant to this Agreement.

Downloading
You may only download those materials from the Software that are purposely made available by Fortemedia or device manufacturer and its authorized agents for downloading, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any network computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. You agree not to use technical or other means to circumvent this Agreement or any content-protection technology used on the Software. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.

Reservation of Rights and Ownership
Fortemedia reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright and/or other intellectual property laws and treaties and contains trade secrets of Fortemedia. Fortemedia owns the title, copyright, and other intellectual property rights in the Software. Any content displayed by or accessed through the Software belongs to the respective owner and is protected by copyright or other intellectual property laws and treaties. Except as expressly provided in this Agreement, you may not copy, distribute, prepare derivative works, publicly display, or make any use of such content without Fortemedia’s express prior written consent.

The Software may contain third party runtime library licensed from third parties (“Runtime Library”) and the term “Software” includes Runtime Library except when referring to Fortemedia’s ownership or other specific rights. The terms and conditions of this Agreement apply to Runtime Library. Additional grants and/or restrictions may apply to certain Runtime Libraries as and to the extent specified in the licenses of such Runtime Library.

Equitable Relief
You acknowledge that a breach of the limited license granted hereunder or any proprietary rights provision herein may cause Fortemedia irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Fortemedia may institute an action seeking to enjoin you from any and all acts in violation of those provisions, or any breach or threatened breach of such provisions, which remedy shall be cumulative (and not exclusive) and in addition to any other relief to which Fortemedia may be entitled at law or in equity.

Termination
Without prejudice to any other rights, Fortemedia may immediately terminate this Agreement if you fail to comply with any of the terms or conditions of this Agreement. No waiver of any breach of any provision of this Agreement by Fortemedia shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and signed by an authorized representative of Fortemedia. Upon termination of this Agreement you must immediately cease using the Software, delete the Software, and destroy all copies of the Software and all of its component parts. All limitations of liability and remedy, indemnification, exclusions of damages, warranty disclaimers, and the designation of governing law shall survive any termination of this Agreement.

Indemnification, Representations, And Warranties
You represent, warrant, and covenant that your use of the Software will at all times comply with the terms of this Agreement and that you will not use the Software if the purpose and/or result violates proprietary or other intellectual property rights or privacy rights of any third party or Fortemedia. If you use or misuse the Software, or if you violate this Agreement or any other applicable rules, and that results in loss or damage to, or a claim or liability against, Fortemedia or any Fortemedia affiliate, then you agree to indemnify, defend, and hold harmless Fortemedia, its affiliates, their respective successors and their respective officers, directors, employees, agents, and representatives for such loss, damage, claim or liability. Fortemedia has the option of assuming the defense against any such claim and you agree to cooperate with such defense.

Disclaimer of Warranties
THE SOFTWARE IS LICENSED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” FORTEMEDIA, ON BEHALF OF ITSELF, AND EACH OF THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“COVERED PARTIES”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE SOFTWARE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT SOFTWARE ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY, SAFETY, COMFORT, AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. YOU ACKNOWLEDGE THAT THIRD PARTY INTELLECTUAL PROPERTY MAY BE REQUIRED FOR YOUR USE OF THE SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE COVERED PARTIES OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER APPLICABLE LAW THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, COVERED PARTIES DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, COMFORT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. IF APPLICABLE LAW IMPOSES A WARRANTY, GUARANTEE OR CONDITION EVEN THOUGH THESE TERMS DO NOT, THEN TO THE EXTENT PERMITTED BY SUCH LAW ITS DURATION IS LIMITED TO 90 DAYS FROM WHEN YOU DOWNLOAD THE SOFTWARE.

Limitation on and Exclusion of Remedies and Damages
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU CAN RECOVER FROM FORTEMEDIA ONLY DIRECT DAMAGES UP TO THE AMOUNT OF $1.00. YOU WILL NOT, AND YOU WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING LOST PROFITS AND CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR INCIDENTAL DAMAGES, FROM FORTEMEDIA. THIS LIMITATION APPLIES TO: (I) ANYTHING RELATED TO THIS AGREEMENT, THE USE AND PERFORMANCE OF THE SOFTWARE AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SOFTWARE; AND (II) CLAIMS BASED ON BREACH OF CONTRACT, WARRANTY, GUARANTEE OR CONDITION; STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT; VIOLATION OF A STATUTE OR REGULATION; UNJUST ENRICHMENT; OR UNDER ANY OTHER THEORY; ALL TO THE EXTENT PERMITTED BY APPLICABLE LAW. IT ALSO APPLIES EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES, OR FORTEMEDIA KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.

Export Restrictions
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

Governing Law
The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws, without respect to conflict of laws provisions, and you agree to submit to the jurisdiction of the court, set forth below based on the applicable region where you are located:

If you are located in the People’s Republic of China, then governing law is that of the State of California, USA, without regard to its choice of law principles, and any disputes arising hereunder will be resolved by arbitration at the Hong Kong International Arbitration Centre in accordance with the UNCITRAL Arbitration Rules (“UNCITRAL Rules”). The arbitration tribunal shall consist of one arbitrator to be appointed according to the UNCITRAL Rules. The language of the arbitration shall be English.

If you are located in any other region or country, then the governing law is that of the State of California, USA, without regard to its choice of law principles, and disputes arising hereunder will be resolved in the California state or federal Courts.

Notwithstanding the foregoing, Fortemedia may seek any injunctive or equitable relief by a court of competent jurisdiction that is necessary to protect Fortemedia’s rights or property until such dispute is resolved. This Agreement will be interpreted and construed in accordance with the English language. The parties agree that the provisions of the Uniform Computer Information Transactions Act (“UCITA”) and the U.N. Convention on Contracts for the International Sale of Goods will have no force or effect on these terms and conditions.

Compliance With Applicable Law
You agree to comply with all applicable local laws and regulations that may govern your use of the Software. You may have additional rights under applicable law. This Agreement does not change your rights under applicable law if applicable law does not permit it to do so. If any provision of this Agreement shall be void, invalid or unenforceable under applicable law, such provision shall be interpreted to give maximum possible effect to its terms under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement which shall remain in full force and effect.

English Language
This English version of the Agreement shall control in the event of any conflict with any non-English language translation of this Agreement.

Miscellaneous
This Agreement, the privacy notice, and the terms accompanying any upgrade or update to the Software are the entire agreement between you and Fortemedia relating to the Software, and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this Agreement. There may be technological measures in or as part of the Software, or that may be enabled by use of the Software, that are designed to prevent the unlicensed, unauthorized, or illegal use of the Software and/or to identify users of the Software. You understand and agree that Fortemedia may use such measures.