Samsung Electronics Co SMN910P Multi-Band GSM/EDGE/CDMA/UMTS/LTE Phone with WLAN, Bluetooth, RFID and ANT+ User Manual 2

Samsung Electronics Co Ltd Multi-Band GSM/EDGE/CDMA/UMTS/LTE Phone with WLAN, Bluetooth, RFID and ANT+ Users Manual 2

Contents

Users Manual 2

Important Information DRAFT This document is watermarked because certain important information in the document has not yet been verified. This document has been s ent to you as a draft and for inf ormational purposes only. The document should only be used f or int ernal purposes and may not be distributed outside of Samsung, except to Samsung's carrier customer for testing purpos es. Distributing the document outside of Samsung, except to Samsung's carrier customer for t esting purposes could r esult in legal exposure to the company if the preliminary, unverif ied information in the draft turns out to be inaccurate. for the Samsung Galaxy X® Important Health, Safety, and Warranty Information – page 2 General Terms and Conditions of Service – page 19 Important Message from Sprint – page 54 Internal Use Only T
Important Health, Safety and Warranty Information Important information about your phone DRAFT mobile device. Warranty Information Samsung Limited Warranty - This product is covered under the applicable Samsung Limited Warranty. Full written terms and detailed information about the warranty and obtaining service are available: can be accessed in writing on the mobile • On the device, tap Settings > About device, or at www.samsung.com. device > Legal information > Samsung legal > Warranty Read this information before using your • Online at www.samsung.com/us/Legal/ Phone_HSGuide Internal Use Only 2 Important Health, Safety and Warranty Information
• On the device, tap Settings > About • Online at www.samsung.com/us/Legal/ DRAFT End User License Agreement for Health and Safety Information Software The complete Health and Safety document The End User License Agreement (EULA) for is available: this device is available: • On the device, tap Settings > About device > Legal information > Samsung device > Legal information > Samsung legal > Health and Safety legal > End User License Agreement • Online at www.samsung.com/us/Legal/ Phone_HSGuide SamsungLegal-EULA2 Internal Use Only Important Health, Safety and Warranty Information 3
reverse engineer, decompile, disassemble, Intellectual Property All Intellectual Property, as defined below, owned by or which is otherwise the property of Samsung or its respective suppliers relating to the SAMSUNG Phone, DRAFT including but not limited to, accessories, Some software components of this product incorporate source code covered under GNU General Public License (GPL), GNU Internal Use Only Lesser General Public License (LGPL), OpenSSL License, BSD License and other open source licenses. To obtain the source code covered under the open source licenses, please visit: http://opensource.samsung.com. Warning! This product contains the Intellectual Property. Moreover, you chemicals known to the State of agree that you will not (and will not attempt California to cause cancer and to) modify, prepare derivative works of, reproductive toxicity. or otherwise attempt to create source code from the software. No title to or ownership in the Intellectual Property is transferred to you. All applicable rights of the Intellectual Property shall remain with SAMSUNG and its suppliers. parts, or software relating there to (the Open Source Software “Phone System”), is proprietary to Samsung and protected under federal laws, state laws, and international treaty provisions. Intellectual Property includes, but is not limited to, inventions (patentable or unpatentable), patents, trade secrets, copyrights, software, computer programs, and related documentation and other works of authorship. You may not infringe or otherwise violate the rights secured by 4 Important Health, Safety and Warranty Information
Liability EXCEPT AS SET FORTH IN THE EXPRESS WARRANTY CONTAINED ON THE WARRANTY PAGE ENCLOSED WITH THE PRODUCT, THE PURCHASER TAKES THE PRODUCT "AS IS", AND SAMSUNG MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT DRAFT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OF THE PRODUCT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE OR USE; THE Internal Use Only Disclaimer of Warranties; Exclusion of NOTHING CONTAINED IN THE INSTRUCTION MANUAL SHALL BE CONSTRUED TO CREATE AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT. IN ADDITION, SAMSUNG SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM THE BREACH OF THE EXPRESS WARRANTY, INCLUDING INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF ANTICIPATED PROFITS OR BENEFITS. DESIGN, CONDITION OR QUALITY OF THE PRODUCT; THE PERFORMANCE OF THE PRODUCT; THE WORKMANSHIP OF THE PRODUCT OR THE COMPONENTS CONTAINED THEREIN; OR COMPLIANCE OF THE PRODUCT WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO. Important Health, Safety and Warranty Information 5
SAMSUNG IS NOT LIABLE FOR PERFORMANCE ISSUES OR INCOMPATIBILITIES CAUSED BY YOUR EDITING OF REGISTRY SETTINGS, OR YOUR MODIFICATION OF OPERATING SYSTEM SOFTWARE. USING CUSTOM OPERATING SYSTEM SOFTWARE MAY CAUSE YOUR DEVICE AND DRAFT APPLICATIONS TO WORK IMPROPERLY. YOUR CARRIER MAY NOT PERMIT USERS TO DOWNLOAD CERTAIN SOFTWARE, SUCH AS CUSTOM OS. SAFE™ (Samsung Approved For Internal Use Only Enterprise) SAFE™: "SAFE™" (Samsung for Enterprise) is a mark for a Samsung device which has been tested against Samsung's own internal criteria for interoperability with certain third party security-related Modification of Software solutions for MDM and VPN. The testing includes field testing with local network connection and menu tree testing which tests functionality of the solutions in conjunction with the Samsung device. During the testing, the device is tested with the security solutions to see if the solutions work with the device as described by the third party security solution providers. The testing, for example, includes field testing with local network connection and menu tree testing which tests functionality of the solutions in conjunction with the Samsung device. For more information about Samsung's SAFE™ program, please refer to www.samsung.com/us/safe. Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED IN THEIR STANDARD END USER LICENSE AND WARRANTY, TO THE FULL EXTENT PERMITTED BY LAW SAMSUNG ELECTRONICS CO., LTD., SAMSUNG 6 Important Health, Safety and Warranty Information
DRAFT Internal Use Only TELECOMMUNICATIONS AMERICA, LLC, technology security protection will be AND THEIR AFFILIATES (COLLECTIVELY affected by features or functionality REFERRED TO HEREIN AS THE "SAMSUNG associated with, among other things the ENTITIES") EXPRESSLY DISCLAIM ANY e-mail platform, master data management, AND ALL WARRANTIES, EXPRESS OR and virtual private network solutions IMPLIED, INCLUDING ANY WARRANTY selected by the software provider, solution OF MERCHANTABILITY, FITNESS FOR A provider or use r. Choice of an e-mail, PARTICULAR PURPOSE, INTEROPERABILITY master data management, and virtual OR NON-INFRINGEMENT, WITH RESPECT private network solution is at the sole TO INFORMATION TECHNOLOGY discretion of the software provider, solution SECURITY PROTECTION, SAFE™ DEVICES provider or user and any associated AND APPLICATIONS TESTED WITH SAFE™ effect on information technology security DEVICES. IN NO EVENT SHALL THE protection is solely the responsibility of SAMSUNG ENTITIES BE LIABLE FOR ANY the software provider, solution provider DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, or user. For complete statement of limited OR CONSEQUENTIAL DAMAGES OF ANY warranty, please refer to www.samsung. KIND WHATSOEVER WITH RESPECT TO com/us/safe, available on the web and INFORMATION TECHNOLOGY SECURITY where Samsung smartphones and mobile PROTECTION, SAFE™ DEVICES OR devices are sold. [051214] APPLICATIONS TESTED WITH SAFE™ DEVICES. In addition, information Important Health, Safety and Warranty Information 7
Address: 1301 E. Lookout Drive Internet Address: DRAFT www.samsung.com Do you have questions about your Internal Use Only Samsung Telecommunications America This section outlines the safety precautions (STA), LLC associated with using your phone. The terms “mobile device” or “cell phone” are used in this section to refer to your phone. Read this information before using your Richardson, TX 75082 mobile device. Phone: 1-800-SAMSUNG (726-7864) This device is capable of operating in Wi-Fi™ Phone: 1-888-987-HELP (4357) mode in the 2.4 and 5 GHz bands. The FCC requires that devices operating within 5.15- 5.25 GHz may only be used indoors, not outside, in order to avoid interference with ©2014 Samsung Telecommunications Mobile Satellite Services (MSS). Therefore, America, LLC. Samsung is a registered this device is restricted from being used trademark of Samsung Electronics Co., Ltd. outdoors when operating in frequencies between 5.15-5.25 GHz. Samsung Mobile Device? For 24 hour information and assistance, we offer a new FAQ/ARS System (Automated Response System) at: www.samsung.com/us/support 8 Important Health, Safety and Warranty Information
Certification Information Your wireless phone is a radio transmitter and receiver. It is designed and manufactured not to exceed the exposure limits for Radio Frequency (RF) energy set by the Federal Communications Commission (FCC) of the U.S. Government. DRAFT The FCC SAR limit incorporates a substantial margin of safety to give additional protection to the public and to account for any variations in measurements. Internal Use Only SAR tests are conducted using standard operating positions accepted by the FCC with the phone transmitting at its highest certified power level in all tested frequency bands. Although the SAR is determined at the highest certified power level, the actual Specific Absorption Rate (SAR) The RF exposure limit set by the FCC for wireless mobile phones employs a unit of measurement known as the Specific Absorption Rate (SAR). The SAR is a measure of the rate of absorption of RF energy by the human body expressed in units of watts per kilogram (W/kg). The FCC requires wireless phones to comply with a safety limit of 1.6 watts per kilogram These FCC RF exposure limits are derived (1.6 W/kg). from the recommendations of two expert organizations: the National Council on Radiation Protection and Measurement (NCRP) and the Institute of Electrical and Electronics Engineers (IEEE). In both cases, the recommendations were developed by scientific and engineering experts drawn from industry, government, and academia after extensive reviews of the scientific literature related to the biological effects of RF energy. Important Health, Safety and Warranty Information 9
DRAFT Internal Use Only www.samsung.com/sar. SAR information on this and other mobile devices can be accessed online on the FCC’s website through http://transition. fcc.gov/oet/rfsafety/sar.html. To find information that pertains to a particular SAR level of the phone while operating can may not ensure compliance with FCC RF be well below the maximum reported value. exposure guidelines. The FCC has granted This is because the phone is designed to an Equipment Authorization for this operate at multiple power levels so as to mobile device with all reported SAR levels use only the power required to reach the evaluated as in compliance with the FCC RF network. In general, the closer you are to a exposure guidelines. wireless base station antenna, the lower the power output of the phone. Before a new model phone is available for sale to the public, it must be tested and certified to the FCC that it does not exceed the SAR limit established by the FCC. Tes t s for each model phone are performed in positions and locations (e.g. at the ear and The SAR information for this device can also worn on the body) as required by the FCC. be found on Samsung’s website: For body-worn operation, this phone has been tested and meets FCC RF exposure guidelines when used with an accessory that contains no metal and that positions the mobile device a minimum of 1.5 cm from the body. Use of other accessories 10 Important Health, Safety and Warranty Information
GPS & AGPS DRAFT Internal Use Only This device is designed to receive wireless emergency alerts from the Commercial Mobile Alerting System ("CMAS"; which may model, this site uses the device FCC provider has chosen to participate in ID number which is usually printed CMAS/PLAN, alerts are available while in somewhere on the case of the device. the provider's coverage area. If you travel Sometimes it may be necessary to remove outside your provider's coverage area, the battery pack to find the number. Once wireless emergency alerts may not be you have the FCC ID number for a particular available. For more information, please device, follow the instructions on the contact your wireless provider. website and it should provide values for typical or maximum SAR for a particular phone. Additional SAR information can also Certain Samsung mobile devices can use a be obtained at: Global Positioning System (GPS) signal for www.fcc.gov/encyclopedia/specific- location-based applications. A GPS uses absorption-rate-sar-cellular-telephones. satellites controlled by the U.S. Government that are subject to changes implemented Commercial Mobile Alerting System in accordance with the Department of (CMAS) Defense policy and the 2008 Federal Radio navigation Plan (FRP). Changes may affect the performance of location-based technology on your mobile device. also be known as the Personal Localized Certain Samsung mobile devices can Alerting Network ("PLAN")). If your wireless also use an Assisted Global Positioning Important Health, Safety and Warranty Information 11
Use of AGPS in Emergency Calls Your Location DRAFT AGPS has limitations and might not work in your area. Therefore: • Always tell the emergency responder your location to the best of your ability; and Internal Use Only System (AGPS), which obtains information provider, applications providers, Samsung, from the cellular network to improve GPS and other third-parties providing services. performance. AGPS uses your wireless service provider's network and therefore airtime, data charges, and/or additional When you make an emergency call, charges may apply in accordance with your the cellular network may activate AGPS service plan. Contact your wireless service technology in your mobile device to tell the provider for details. emergency responders your approximate location. Location-based information includes information that can be used to determine the approximate location of a mobile device. Mobile devices which are connected to a wireless network transmit location-based information. Additionally, if • Remain on the mobile device for as long you use applications that require location- as the emergency responder instructs based information (e.g. driving directions), you. such applications transmit location- based information. The location-based information may be shared with third- parties, including your wireless service 12 Important Health, Safety and Warranty Information
DRAFT Internal Use Only Navigation Emergency Calls Maps, directions, and other navigation- This mobile device, like any wireless mobile data, including data relating to your device, operates using radio signals, current location, may contain inaccurate wireless and landline networks, as well as or incomplete data, and circumstances user-programmed functions, which cannot can and do change over time. In some guarantee connection in all conditions, areas, complete information may not be areas, or circumstances. available. Therefore, you should always Therefore, you should never rely solely on visually confirm that the navigational any wireless mobile device for essential instructions are consistent with what communications (medical emergencies, you see before following them. All users for example). Before traveling in remote or should pay attention to road conditions, underdeveloped areas, plan an alternate closures, traffic, and all other factors that method of contacting emergency services may impact safe driving or walking. Always personnel. Remember, to make or receive obey posted road signs. any calls, the mobile device must be switched on and in a service area with adequate signal strength. Important Health, Safety and Warranty Information 13
1. If the mobile device is not on, switch it on. 2. Open your phone dialer. DRAFT FCC Hearing Aid Compatibility (HAC) The U.S. Federal Communications Commission (FCC) has established Internal Use Only requirements for digital wireless mobile devices to be compatible with hearing aids Emergency calls may not be possible on all To make an emergency call: wireless mobile device networks or when certain network services and/or mobile device features are in use. Check with local service providers. If certain features are in use (call blocking, for example), you may 3. Enter the emergency number for your first need to deactivate those features present location (for example, 911 or before you can make an emergency other official emergency number), call. Consult your User Manual and your then tap Call/Send. Emergency local cellular service provider. When numbers vary by location. making an emergency call, remember to give all the necessary information as accurately as possible. Remember that Regulations for Wireless Devices your mobile device may be the only means of communication at the scene of an accident; do not cut off the call until given permission to do so. and other assistive hearing devices. When individuals employing some assistive hearing devices (hearing aids and cochlear implants) use wireless mobile devices, 14 Important Health, Safety and Warranty Information
M-Ratings: Wireless mobile devices rated M3 or M4 meet FCC requirements and are likely to generate less interference to hearing devices than mobile devices that DRAFT T-Ratings: Mobile devices rated T3 or T4 meet FCC requirements and are likely to generate less interference to hearing devices than mobile devices that are not Internal Use Only they may detect a buzzing, humming, device is the best way to evaluate it for your or whining noise. Some hearing devices personal needs. are more immune than others to this interference noise, and mobile devices also vary in the amount of interference they generate. The wireless telephone industry has are not labeled. M4 is the better/higher of developed a rating system for wireless the two ratings. M-ratings refer to enabling mobile devices to assist hearing device acoustic coupling with hearing aids that do users find mobile devices that may be not operate in telecoil mode. compatible with their hearing devices. Not all mobile devices have been rated. Mobile devices that are rated have the rating on their box or a label located on the box. The ratings are not guarantees. Results labeled. T4 is the better/higher of the two will vary depending on the user's hearing ratings. T-ratings refer to enabling inductive device and hearing loss. If your hearing coupling with hearing aids operating in device happens to be vulnerable to telecoil mode. interference, you may not be able to use a rated mobile device successfully. Tr yin g out the mobile device with your hearing Important Health, Safety and Warranty Information 15
DRAFT Internal Use Only wireless mobile device. A sum of 6 or more Hearing devices may also be rated. Your However, these are not guarantees that hearing aid manufacturer or hearing health all users will be satisfied. T ratings work professional may help you find this rating. similarly. Higher ratings mean that the hearing device is relatively immune to interference noise. Under the current industry standard, American National Standards Institute (ANSI) C63.19, the hearing aid and wireless mobile device rating values are added together to indicate how usable they are M3 + M2 = 5 together. For example, if a hearing aid meets the M2 level rating and the wireless mobile device meets the M3 level rating, the sum of the two values equals M5. Under the standard, this should provide the hearing aid user with normal use while using the hearing aid with the particular T3 + T2 = 5 would indicate excellent performance. 16 Important Health, Safety and Warranty Information
HAC for Newer Technologies This phone has been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, DRAFT aids. It is important to try the different features Internal Use Only hear any interfering noise. Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about The HAC rating and measurement return or exchange policies, consult your procedure are described in the American service provider or phone retailer. National Standards Institute (ANSI) C63.19 Caution! Some applications or prolonged standard. usage may increase device temperature. Prolonged skin contact with a device that is hot to the touch may produce skin discomfort or redness, or low-temperature burns. If the device feels hot to the touch, there may be some newer wireless discontinue use and close all technologies used in this phone that have applications or turn off the device not been tested yet for use with hearing until it cools. Always ensure that the phone has adequate ventilation and air flow. Covering the device with bedding, your of this phone thoroughly and in different body, thick clothing or any other locations, using your hearing aid or materials that significantly cochlear implant, to determine if you affect air flow may affect the performance of the phone and poses a possible risk of fire or explosion, which could lead to serious bodily injuries or damage to property. Important Health, Safety and Warranty Information 17
End User License Agreement for Software Health/Safety and Warranty Guide DRAFT Internal Use Only Restricting Children's Access to Your Online Legal Information Mobile Device Your mobile device is not a toy. Do not allow children to play with it because they could hurt themselves and others, damage the The EULA for this device can be found: mobile device, or make calls that increase Online at: www.samsung.com/us/Legal/ your mobile device bill. SamsungLegal-EULA2. Keep the mobile device and all its parts and accessories out of the reach of small children. The online version of the Health/Safety and Warranty guide for your device can be found at: English: www.samsung.com/us/Legal/ Phone_HSGuide. Spanish: www.samsung.com/us/Legal/ Phone_HSGuide_SP. 18 Important Health, Safety and Warranty Information
General Terms and Conditions of Service Please note that these terms may not be the most current version. A current version of the terms is available at our website at sprint.com/termsandconditions or upon request. DRAFT software, or Devices on your account with us. “Service(s)” also includes any other product or service that we offer or provide sprint.com/espanol. Internal Use Only The Service Agreement These Ts&Cs are part of your service agreement with us (the “Agreement”) and constitute a contract under which we provide you Services under terms “you,” “your,” “customer,” and “user” mean an account holder with us or any user of our Devices or Services; (3) “Device” means any phone, aircard, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) “Service” means Sprint-branded offers, rate plans, options, wireless services, billing services, applications, programs, products, Para solicitar esta literatura en español, por favor contactar a 1-800-777-4681 o visitar a to you that references these General Term s and Conditions of Service (“Ts&Cs”). Basic Definitions In this document: (1) “we,” “us,” “our,” and “Sprint” mean Sprint Solutions, Inc., as contracting agent on behalf of the applicable Sprint affiliated entities providing the products and Services; (2) v.7-1-13 General Terms and Conditions of Service 19
Additional Term s DRAFT Internal Use Only and conditions that you accept. THIS to you; and (iv) the terms set forth in the AGREEMENT CONTAINS A MANDATORY coverage map brochures. It is important ARBITRATION PROVISION WITH A CLASS that you carefully read all of the terms of WAIVER, A REPRESENTATIVE ACTION the Agreement. WAIVER, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, there are several parts of the Agreement, which includes Additional terms will apply when you use but is not limited to the following: (i) the certain applications, programs, Devices, subscriber agreement and transaction and services, and these terms will be materials that you receive and accept; provided to you prior to your use of the (ii) the plan(s) that you chose as set forth items. Depending on who provides the in our written services and transaction items, the terms may come from Sprint or materials that we provide or refer you to a third party. You are subject to any terms during the sales transaction, including provided by the third party, and the terms on-line and telephone transactions (if your are directly between you and that third service plan is not specifically set forth in party. Sprint is not responsible for these any in-store brochure or printed materials, third-party items and associated terms. the requirements and terms set forth in the Additional terms will also apply if you current written Agreement and transaction activate Services as part of a bundle with materials apply); (iii) any confirmation another company’s services (for example, materials and invoices that we may provide cable services, home phone services, 20 General Terms and Conditions of Service v.7-1-13
Our Policies DRAFT When You Accept The Agreement Internal Use Only etc.). The additional terms for bundled requirements regarding organization Services may either modify or replace discounts will be provided to you. certain provisions in these Ts&Cs, including terms relating to activation, invoicing, payment, and disputing charges. Also, Services are subject to our business a different dispute resolution provision policies, practices, and procedures may apply to services provided by (“Policies”). You agree to adhere to all of our another company (the dispute resolution Policies when you use our Services. Our provisions in this Agreement will still apply Policies are subject to change at anytime to our Services). You will be provided with or without notice. details on any additional terms with your selection of any bundled Service. For employee and organization discounts, You must have the legal capacity to accept the discount percentage may vary from the Agreement. You accept the Agreement month-to-month based on the terms of when you do any of the following: (a) the agreement between your employer, accept the Agreement through any printed, association, or organization and Sprint. The oral, or electronic statement, including on discount will be zero after your agreement the Web by electronically marking that you or your organization’s agreement with have reviewed and accepted; (b) attempt Sprint ends. Additional terms and eligibility to or in any way use the Services; (c) pay for the Services; or (d) open any package v.7-1-13 General Terms and Conditions of Service 21
Term Commitments & Early Commitment and Early Termination Fee requirements prior to selecting Services. After you have satisfied your Te rm DRAFT Commitment, your Services continue on a month-to-month basis under the then- current Terms and Conditions and Service policies. Services offered on a subscription fee (“Early Termination Fee”) for each line of Service that you terminate early (i.e., Internal Use Only prior to satisfying the Te r m Commitment) or for each line of Service that we terminate early for good reason (for example, violating the payment or other terms of the Agreement) but such Early Termination Fee will be prorated based on or start any program that says you are your remaining Term Commitment. Early accepting the Agreement when doing so. Termination Fees are a part of our rates. Any If you don’t want to accept the Agreement, Te rm Commitment, the length of the Ter m don’t do any of these things. Commitment, and the applicable Early Termination Fee amounts and proration will be disclosed to you during the sales Termination Fees transaction. Carefully review any Te rm Sprint provides a variety of Services, some of which require you to maintain Your Services on a month to month basis or for a minimum term, usually 1 or 2 years ( “ Term Commitment”). If your Agreement contains a Term Commitment, you will be charged a basis, as described in the “Account & Service Charges” section, may not require a Te rm Commitment and may not automatically renew. As explained directly below, there are instances when you will not be responsible for an Early Termination Fee for terminating Services early. 22 General Terms and Conditions of Service v.7-1-13
Termination Fee for which you qualify. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). If a change we make to the Agreement is material and has a material adverse DRAFT effect on Services under your Term Commitment, you may terminate each line Our Right To Change The Agreement & Your Related Rights Internal Use Only When You Don’t Have To Pay An Early plan is no longer supported or available, we may change your rate plan to one You aren’t responsible for paying an Early Termination Fee when terminating Services: (a) provided on a month-to-month basis; (b) provided on a subscription basis that do not include a Term Commitment; (c) consistent with our published trial period return policy; or (d) in response to a materially adverse change that we make to the Agreement as described directly below. of Service materially adversely affected without incurring an Early Termination Fee only if: (a) you call us within 30 days We may change any part of the Agreement after the effective date of the change; (b) at any time, including, but not limited to, you specifically advise us that you wish rates, charges, how we calculate charges, to cancel Services because of a material discounts, coverage, technologies used change to the Agreement that we have to provide services, or your terms of made; and (c) we fail to negate the change Service. If you lose your eligibility for a after you notify us of your objection to it. particular rate plan or if a particular rate v.7-1-13 General Terms and Conditions of Service 23
Our Right To Suspend Or Terminate We can, without notice, suspend or terminate any Service at any time for any DRAFT reason. For example, we can suspend or terminate any Service for the following: (a) Your Right To Change Services & When Changes Are Effective Internal Use Only If you do not notify us and cancel Service or abusing the Agreement or Policies; within 30 days of the change, an Early (h) providing false, inaccurate, dated, Termination Fee will apply if you terminate or unverifiable identification or credit Services before the end of any applicable information or becoming insolvent or Term Commitment. bankrupt; (i) modifying a Device from its manufacturer specifications (for example, rooting the device); (j) failing to use our Services Services for an extended period of time; (k) failing to maintain an active Device in connection with our Services; or (l) if we believe the action protects our interests, any customer’s interests, or our networks. late payment; (b) exceeding an Account Spending Limit; (c) harassing/threatening/ abusing/offending our employees or agents; (d) providing false or inaccurate The account holder can typically change information; (e) interfering with our Services upon request. In some instances, operations; (f) using/suspicion of using changes may be conditioned on payment Services in any manner restricted by or of an Early Termination Fee or certain other inconsistent with the Agreement and charges, or they may require a new Te rm Policies; (g) breaching, failing to follow, Commitment. Changes to Services are 24 General Terms and Conditions of Service v.7-1-13
DRAFT Your Right To Terminate Services Internal Use Only Credit Checks & Credit Information usually effective at the start of the next full connection with your Service, we reserve invoicing cycle. If the changes take place the right to terminate your Service, and if sooner, your invoice may reflect pro-rated you are subject to a Term Commitment, charges for your old and new Services. We you may be charged all or part of an Early may, but are not obligated to, provide you Termination Fee. You are responsible the opportunity to authorize someone else for all charges billed or incurred prior to to make changes to your Services, which deactivation. If Services are terminated will include the authority to make changes before the end of your invoicing cycle, that will extend your Te r m Commitment. we won’t prorate charges to the date of You are responsible for any changes to your termination and you won’t receive a credit Services made by a person you authorize, or refund for any unused Services. Except and those changes will be treated as as provided above, if you are subject to an modifications to this Agreement. Early Termination Fee, you must also pay the invoiced Early Termination Fee for each line of Service that you terminate early. You can terminate Services at any time by calling us and requesting that we deactivate all Services. In addition, if you We agree to provide you Services on the return or provide your Device to Sprint condition that you have and maintain and fail to either deactivate service on satisfactory credit according to our the Device or activate another Device in standards and policies. You agree to v.7-1-13 General Terms and Conditions of Service 25
An ASL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud) that we place on the amount of unpaid charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count toward an ASL. If you have an ASL, we may suspend your Services DRAFT without prior notice if your account balance reaches the ASL, even if your account is not past due. We may impose or increase an ASL at any time with notice. An ASL is for our benefit only and should not be Internal Use Only relied on by you to manage usage. We may at any time require a deposit as a guarantee of payment for you to provide information that we may request Account Spending Limits ( “ASL”) or complete any applications that we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to Deposits & Returning Deposits any credit reporting agency or industry clearinghouse. establish or maintain Service (“Deposit”). 26 General Terms and Conditions of Service v.7-1-13
Restrictions On Using Services DRAFT Internal Use Only By providing us a Deposit, you grant us a state authorities to the extent required by security interest for all current or future law. amounts owed to us. We may change the Deposit at any time with notice. You can’t use a Deposit to make or delay payments. You can’t use our Services: (a) in a way The Deposit, the length of time we hold the that could cause damage or adversely Deposit, and changes to the Deposit are affect any of our other customers or our determined based on your credit history, reputation, networks, property, or Services; payment history, and other factors. Unless or (b) in any way prohibited by the terms prohibited by law, we may mix Deposits of our Services, the Agreement, or our with our other funds and it won’t earn Policies. You cannot in any manner resell interest, and we reserve the right to return the Services to another party. For additional the Deposit as a credit on your invoice at restrictions on the use of our Services, see anytime. If your Services are terminated for our Acceptable Use Policy and Visitors any reason, we may keep and apply your Agreement, which are available on our Deposit to any outstanding charges. We’ll website, and the detailed plan or other send any remaining portion of the Deposit information on Services that we provide or to your last known address within 90 days refer you to during the sales transaction. after your final invoice—if it is returned to us, we will forward it on to the appropriate v.7-1-13 General Terms and Conditions of Service 27
We don’t manufacture any Device that we might sell to you or that is associated with our Services, and we aren’t responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications DRAFT (for example, a device’s software, memory, and storage), and device performance may impact access to all of our Services. Your Device is designed to be activated visit sprint.com or call 1-888-211-4727 for Internal Use Only information and eligibility requirements. Porting/Transferring Phone Numbers We don’t guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer Your Device, Number & Email Address example, through publication, use, etc.)— proprietary, ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device, or your account. We’ll notify you if we decide to change or reassign them. Your CDMA Sprint PCS phone may have software programming lock that protects certain of the handset’s operating parameters against unauthorized reprogramming. If your device has a software programming lock, and you wish to obtain the software program lock code for your CDMA Sprint PCS phone, please on our networks and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no—and cannot gain any (for 28 General Terms and Conditions of Service v.7-1-13
Coverage; Where You r Device Will DRAFT problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, Internal Use Only etc.)-may result in dropped and blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your Device’s ability to acquire satellite a number away from us, then that is guaranteed. Coverage is subject to considered a request by you to us to change without notice. Service speeds terminate all of the Services associated may depend on the Service purchased. with that number. You’re responsible Actual speeds will vary. Estimating for all charges billed or incurred prior to wireless coverage, signal strength, and deactivation and for any applicable Early Service speed is not an exact science. Termination Fees. There are gaps in coverage within our estimated coverage areas that-along with other factors both within and Work; Service Speeds beyond our control (for example, network Our coverage maps are available at our authorized retail locations and on sprint. com. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you’ve chosen. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage isn’t available everywhere. Coverage and Service speeds are not v.7-1-13 General Terms and Conditions of Service 29
Roaming DRAFT About Data Services & Content Internal Use Only signals (typically not available indoors) generally indicate when you’re roaming. and network coverage. While your Device Depending on your Services, separate is receiving a software update, you may be charges or limits on the amount of minutes unable to use your Device in any manner used while roaming may apply. Certain until the software update is complete. Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.). For The term “roaming” typically refers to information on whether roaming applies, coverage on another carrier’s network that see your service plan details. we may make available to you based on our agreements with other carriers. These agreements may change from time to time, Our data Services and your Device may and roaming coverage is subject to change allow you to access the Internet, text, without notice. Your ability to receive pictures, video, games, graphics, music, roaming coverage depends on the radio email, applications, sound, and other transmissions your Device can pick up and materials (“Data Content”) or send Data the availability of roaming coverage. We Content elsewhere. Some Data Content make no guarantee that roaming coverage is available from us or our vendors, while will be available. Roaming coverage other Data Content can be accessed from may exist both within and outside our others (for example, third party websites, network coverage areas. Your Device will games, ringers, applications, etc.). We 30 General Terms and Conditions of Service v.7-1-13
DRAFT Internal Use Only make absolutely no guarantees about as certain websites, applications, etc.); the Data Content that you access on your impose separate charges; limit throughput Device. Data Content may be: (1) unsuitable or the amount of data that you can transfer; for children/minors; (2) unreliable or or otherwise limit or terminate Services. If inaccurate; or (3) offensive, indecent, or we provide you storage for Data Content objectionable. You’re solely responsible that you have purchased, then we may for evaluating the Data Content accessed delete the Data Content without notice by you or anyone through your Services. or place restrictions/limits on the use of We strongly recommend that you monitor storage areas. Data Content stored on a data usage by children/minors. Data Device, transmitted over our networks, or Content from third parties may also harm stored by Sprint may be deleted, modified, your Device or its software. We are not or damaged. You may not be able to responsible for any Data Content. We are make or receive voice calls while using not responsible for any damage caused by data Services. Data Content provided by any Data Content that you access through our vendors or third parties is subject to your Services, that you load on your Device, cancellation or termination at any time or that you request that our representatives without notice to you, and you may not access or load on your Device. To protect receive a refund for any unused portion of our networks and Services or for other the Data Content. reasons, we may place restrictions on accessing certain Data Content (such v.7-1-13 General Terms and Conditions of Service 31
Using Data Services In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose If Sprint provides you software as part of the Service and there are not software license DRAFT terms provided with the software (by Sprint or by a third party), then Sprint grants you a limited, revocable, non-exclusive, non- transferable license to use the software to access the Services for your own individual Internal Use Only use. You will not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Sprint may revoke this license at any time. Specific Ter ms & Restrictions On computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, Sprint Mobile Broadband card plans, wireless router plans, etc.). (for example, wireless routers, Data Link, Software License etc.), you can’t use our data Services: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks’ performance or hinders access to our networks. If your Services include Web or data access, you also can’t use your Device as a modem for 32 General Terms and Conditions of Service v.7-1-13
Charges Based on our Policies, we may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). DRAFT You will be provided notice of these types of fees before we complete the requested transaction. Account & Service Charges You are responsible for all charges Internal Use Only associated with your account and the Services on your account, no matter who adds or uses the Services. Charges include, but are not limited to, the monthly recurring charges, usage charges, charges for additional services, taxes, surcharges, Fees, Activation & Miscellaneous and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials that we may send to you. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and Web access. If you (the account holder) allow end users to access or use your Devices, you authorize end users to access, download, and use Services. Yo u may have the opportunity to purchase Services on a subscription basis where we assess subscription charges that allow you access to the Services and/or provide you a certain amount of use of the Services for a defined period of time. Depending on your Service, certain types of subscription charges may be assessed automatically v.7-1-13 General Terms and Conditions of Service 33
DRAFT Internal Use Only How We Calculate Yo ur Charges For Regular Voice Calls: We round up partial minutes of use to the next full minute. upon activation and automatically Time starts when you press “ Ta lk” or your assessed for subsequent subscription Device connects to the network and stops periods. Subscription Services offered on a when you press “End” or the network recurring basis do not end until terminated connection otherwise breaks. You’re by you or us. Subscription charges for charged for all calls that connect, even recurring Services occur at the beginning to answering machines, voicemail, or of each bill cycle. Information regarding voice transcription services. Yo u won’t be your bill cycle for subscription Services will charged for unanswered calls or if you get be provided when you order the Services. a busy signal. For incoming calls answered, For Services offered on a per-day basis, you you’re charged from the time shortly before will generally be charged for use before or the Device starts ringing until you press at the time of use. In certain instances, we “End” or the network connection otherwise may charge you at some point after you use breaks. If charges vary depending on the the Services. Unless otherwise disclosed, time of day that you place or receive calls Services offered on a per-day basis end 24 (for example, Nights and Weekend plans), hours after Service is initiated. you’re charged for the entire call based on the rate that applies to the time period in which the call starts. Call time for a single Billing Purposes call may be subject to a maximum duration and may be automatically terminated if the maximum duration is exceeded. Rates 34 General Terms and Conditions of Service v.7-1-13
Push-to-Talk Charges: Charges for push-to- talk calls are billed to the person who starts the call and calculated by multiplying the duration of the call by the applicable rate and number of participants. You’re charged DRAFT at least 6 seconds of airtime for each call Internal Use Only that vary based on the time of access will connected to our network. Depending be determined based on the location of on your plan, nationwide, international, the network equipment providing service or group push-to-talk calls may use the and not the location of your Device or your local push-to-talk minutes in your plan and Device’s area code (if applicable). result in additional or different charges. Responses to call alert transmissions are treated as new push-to-talk transmissions even when responding within 6 seconds of receiving the alert. Push-to-talk billing methods are subject to change as we introduce new push-to-talk Services. you start; subsequent communications in Data Usage: Unless we specifically tell you the same call are rounded up to and billed otherwise, data usage is measured in bytes, to the next second. Time begins when you kilobytes, megabytes, and gigabytes— press any button to start a push-to-talk call not in minutes/time. 1024 bytes equals 1 and ends approximately 6 seconds after kilobyte (“KB”), 1024 KB equals 1 megabyte, completion of a communication to which and 1024 megabytes equals 1 gigabyte. no participant responds. Subsequent push- Bytes are rounded up to KB, so you will to-talk communications are considered be charged at least 1 KB for each data new calls. Charges apply for the entire usage session (“data session”). Rounding period of time the push-to-talk call is occurs at the end of each data session, v.7-1-13 General Terms and Conditions of Service 35
DRAFT Your Bill Internal Use Only and sometimes during a data session. re-sent data; and data associated with Depending on your data Services, usage unsuccessful attempts to reach websites may be charged against an allowance or or use applications. These data charges on a fixed price per KB, and you may be are in addition to any charges for the Data subject to limitations on the amount of data Content itself (game, ringer, etc.). Data used usage. If you are charged on a fixed price and charged to you will vary widely, even per KB, any fractional cents will be rounded between identical actions or data sessions. up to the next cent. You are charged for Estimates of data usage—for example, the all data directed to your Device’s Internet size of downloadable files—are not reliable address, including data sessions you did predictors of actual usage. Your bill won’t not initiate and for incomplete transfers. separately list the number of KB attributed As long as your Device is connected to our to a specific action/data session. data networks, you may incur data charges. Examples of data for which you will be charged includes the size of a requested Your bill provides you notice of your file or Data Content (game, ringer, etc.); charges. It reflects monthly recurring Web page graphics (logos, pictures, charges (usually billed one bill cycle in banners, advertisement, etc.); additional advance), fees, taxes, Surcharges, product data used in accessing, transporting, and equipment charges, subscription and routing the file on our network; data charges, and usage/transaction specific from partial or interrupted downloads; charges (usually billed in the bill cycle 36 General Terms and Conditions of Service v.7-1-13
Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may change from time to time. Your bill may also include other important notices (for example, changes to your Agreement, to your Service, legal notices, etc.). Your DRAFT paper bill may not include itemized billing detail. More specific billing information is available online. Paper bills may be subject to an additional charge. Unless prohibited by law, other charges (for example, data Internal Use Only Services or taxes and surcharges) will not include itemized detail but will be listed as total charges for a category. If you choose Internet billing, you will not receive paper bills. in which they’re incurred). Some usage Your Payments; Late Fees charges, such as those that depend on usage information from a third party, may be billed in subsequent bill cycles and result in higher than expected charges for that month. Bill cycles and dates may be applied to the total unpaid balance. We may also charge you any costs we pay to a collection agency to collect unpaid balances from you. If we bill you for amounts on behalf of a third party, payments received are first applied to our charges. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We v.7-1-13 General Terms and Conditions of Service 37
Taxes & Government Fees DRAFT Internal Use Only Surcharges may restrict your payment methods to Regulatory and Administrative charges; cashier ’s check, money order, or other gross receipts charges, and other charges. similar secure form of payment at any time Surcharges are not taxes, and we are for good reason. not required by law to assess them. They are part of our rates we choose, at our discretion, to collect from you, to recover You agree to pay all federal, state, and local certain costs and are kept by us. The taxes, fees, and other assessments that number and type of Surcharges will be we’re required by law to collect and remit provided on your invoice and may vary to the government on the Services that we depending upon the location of the billing provide to you. These charges may change address of the Device and can change over from time to time without advance notice. time. We determine the amount for these If you’re claiming any tax exemption, you charges, and these amounts are subject must provide us with a valid exemption to change, as are the components used to certificate. Ta x exemptions generally won’t calculate these amounts. We will provide be applied retroactively. you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice To Each Other You agree to pay all Sprint surcharges Under The Agreement” section). However, (“Surcharges”), which may include, but are because some Surcharges are based on not limited to: Federal Universal Service; amounts set by the government or based 38 General Terms and Conditions of Service v.7-1-13
Disputing Charges - You Must Still Pay Anydisputetoachargeonyourbillmustbe DRAFT madewithin60daysofthedateofthebill thatinitiallycontainedthecharge.Disputes canonlybemadebycallingorwritingusas directedonyourinvoiceorelsewhere.You acceptallchargesnotproperlydisputed Internal Use Only withintheabovetimeperiod—undisputed Your Privacy website. To review the policy, visit sprint. com/legal/privacy.html. This policy may on government formulas, it will not always or the rights of others; or (2) optimize or be possible to provide advance notice of improve the overall use of our networks new Surcharges or changes in the amount and Services. Some of these actions of existing Surcharges. Information on may interrupt or prevent legitimate Surcharges is provided during the sales communications and usage-for example, transaction and is available on our website. message filtering/blocking software to prevent spam or viruses; limiting throughput; limiting access to certain Undisputed Charges websites, applications, or other Data Content; prohibitions on unintended uses (for example, use as a dedicated line, or use as a monitoring service), etc. For additional information on what we do to protect our customers, networks, Services, and equipment, see our Acceptable Use Policy and Visitors Agreement at our website. chargesmuststillbepaidasstatedonyourbill. Protecting Our Network & Services Our Privacy Policy is available on our We can take any action to: (1) protect our networks, our rights and interests, v.7-1-13 General Terms and Conditions of Service 39
Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls you make to us or we make to you (for example, your conversations with our customer service or sales departments). Authentication and Contact: You (the DRAFT account holder) may password protect personal identification number (“PIN”). You may also set a backup security question and answer in the event you forget your PIN. You agree to protect your PIN, passwords, Internal Use Only and other account access credentials like your backup security question from loss or disclosure. You further agree that Sprint may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for account access as change from time to time, so review it with you or an authorized user on the account regularity and care. for disclosure of information or changes in Service. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail. your account information by establishing a CPNI: As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill (“CPNI”). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. For example, we implement 40 General Terms and Conditions of Service v.7-1-13
Information on Devices: Your Device may contain sensitive or personal information DRAFT Internal Use Only safeguards that are designed to protect party’s terms and conditions and policies, your CPNI, including authentication including its privacy policy. Be sure that you procedures when you contact us. For have reviewed and are comfortable with some accounts with a dedicated Sprint the third party’s policies before using its representative, we may rely on contacting application on your device. your pre-established point of contact as the standard authentication measure. Third-Party Applications: If you use a (for example, pictures, videos, passwords, third-party application, the application or stored credit card numbers). Sprint may access, collect, use, or disclose your is not responsible for any information personal information or require Sprint on your Device, including sensitive or to disclose your information—including personal information. If possible, you location information (when applicable)—to should remove or otherwise safeguard any the application provider or some other sensitive or personal information when third party. If you access, use, or authorize your Device is out of your possession or third-party applications through the control, for example when you relinquish, Services, you agree and authorize Sprint exchange, return, or recycle your Device. to provide information related to your By submitting your Device to us, you use of the Services or the application(s). agree that our employees, contractors, or You understand that your use of third- vendors may access all of the information party applications is subject to the third on your Device. If you exchange, return, v.7-1-13 General Terms and Conditions of Service 41
Location-Enabled Services DRAFT 911 Or Other Emergency Calls Internal Use Only You agree that any authorized user may access, use, or authorize Sprint or third- or recycle your Device through us, we party location-enabled applications typically attempt to erase all data on your through the Services. Yo u understand Device, but you must remove all data from that your use of such location-enabled your Device before you provide it to us. applications is subject to the application’s terms and conditions and policies, including its privacy policy. If you activate Our networks generally know the location location-enabled services for devices used of your Device when it is outdoors and/or by other authorized users, you agree to turned on. By using various technologies inform the authorized user(s) of the terms to locate your Device, we can provide of use for location-enabled applications enhanced emergency 911 services and and that the Device may be located. optional location-enabled services provided by us or a third party. Network coverage or environmental factors (such as Public safety officials advise that when structures, buildings, weather, geography, making 911 or other emergency calls, you landscape, and topography) can should always be prepared to provide your significantly impact the ability to access location information. Unlike traditional your Device’s location information and use wireline phones, depending on a number of location-enabled services. of factors (for example, whether your Device is GPS-enabled, where you are, whether local emergency service providers 42 General Terms and Conditions of Service v.7-1-13
Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. A lost or stolen Device does not reduce or remove your Te rm Commitment. You will remain liable for any monthly recurring charges associated with the Service on your Device after you notify DRAFT us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not waive any applicable Early Termination Fees if you choose to terminate Services as a result of loss or theft of your Internal Use Only Device. UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, have upgraded their equipment, etc.), If Your Device Is Lost or Stolen 911 operators may not know your phone number, your location, or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service (“E911”)—where enabled by local emergency authorities— uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911—you should follow voice Disclaimer of Warranties prompts when interacting with emergency service providers employing interactive voice response systems to screen calls. v.7-1-13 General Terms and Conditions of Service 43
DRAFT You Agree That We Are Not Internal Use Only You agree that neither we nor our parent, subsidiary, or affiliate companies, nor our vendors, suppliers, or licensors are responsible for any damages, delay, EXPRESS OR IMPLIED, INCLUDING (TO THE interruption or other failure to perform EXTENT ALLOWED BY LAW) ANY IMPLIED resulting from: (a) anything done or not WARRANTY OF MERCHANTABILITY, done by someone else; (b) providing or NON-INFRINGEMENT, OR FITNESS FOR failing to provide Services, including, but A PARTICULAR PURPOSE CONCERNING not limited to, deficiencies or problems YOUR SERVICES (INCLUDING YOUR DEVICE with a Device or network coverage (for AND ANY SOFTWARE OR APPLICATIONS example, dropped, blocked, interrupted ON YOUR DEVICE). WE DON’T PROMISE Services, etc.); (c) traffic or other accidents, UNINTERRUPTED OR ERROR-FREE SERVICES or any health-related claims relating to our AND DON’T AUTHORIZE ANYONE TO Services; (d) Data Content or information MAKE WARRANTIES ON OUR BEHALF. accessed while using our Services; (e) SPRINT PROVIDES ALL SOFTWARE AND an interruption or failure in accessing or APPLICATIONS ON AN “AS IS” BASIS WITH attempting to access emergency services ALL FAULTS, ERRORS, AND DEFECTS. from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information Responsible For Certain Problems services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored 44 General Terms and Conditions of Service v.7-1-13
DRAFT Internal Use Only on your Device, computer, equipment, THAN THE PROPORTIONATE AMOUNT OF or Sprint storage space from your use of THE SERVICE CHARGES ATTRIBUTABLE the Services or from viruses, worms, or TO THE AFFECTED PERIOD. UNDER NO downloads of malicious content, materials, CIRCUMSTANCES ARE WE LIABLE FOR ANY data, text, images, video, or audio; or (i) INCIDENTAL, CONSEQUENTIAL, PUNITIVE, things beyond our control, including acts MULTIPLE, OR SPECIAL DAMAGES OF ANY of God (for example, weather-related NATURE WHATSOEVER ARISING OUT OF phenomena, fire, earthquake, hurricane, OR RELATED TO PROVIDING OR FAILING TO etc.), riot, strike, war, terrorism, or PROVIDE SERVICES IN CONNECTION WITH government orders or acts. You should A DEVICE, INCLUDING, BUT NOT LIMITED implement appropriate safeguards TO, LOST PROFITS, LOSS OF BUSINESS, OR to secure your Device, computer, or COST OF REPLACEMENT PRODUCTS AND equipment and to back up your information SERVICES. stored on each. You Agree That Our Liability Is Limited - No Consequential Damages TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE v.7-1-13 General Terms and Conditions of Service 45
ARBITRATION Instead of suing in court, you and Sprint agree to arbitrate all Disputes (as DRAFT Internal Use Only DISPUTE RESOLUTION AND Mandatory Arbitration and Waiver of Class Action PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS defined below) on an individual, non- In those rare instances where your representative, basis. You agree that, by concern is not resolved to your entering into this Agreement, you and satisfaction through calls to our Sprint are waiving the right to a trial by customer care, you and Sprint each jury or to participate in a class action or agree to try to resolve those disputes representative action. This agreement in good faith after you provide written to arbitrate is intended to be broadly notice of the dispute as set forth below. interpreted. If the dispute is not resolved, you and In arbitration, there is no judge or jury. Sprint agree that the dispute will be Instead Disputes are decided by a neutral resolved through individual binding third-party arbitrator in a more informal arbitration or small claims court, instead process than in court. In arbitration, there of courts of general jurisdiction. is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages 46 General Terms and Conditions of Service v.7-1-13
“Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), DRAFT service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized Internal Use Only user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring and relief, including any attorneys’ fees Services or the Agreement; or (c) that authorized by law. Sprint brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Sprint, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with Sprint; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement. Dispute Notice and Dispute Resolution Period against a third party, such as a retailer or Before initiating an arbitration or a small equipment manufacturer, that are based claims matter, you and Sprint each agree on, relate to, or arise out of in any way our to first provide to the other a written v.7-1-13 General Terms and Conditions of Service 47
and supporting information; and (b) a statement of the specific relief sought. DRAFT Internal Use Only notice (“Notice of Dispute”), which shall the Notice of Dispute, you or Sprint may contain: (a) a written description of commence an arbitration proceeding or the problem and relevant documents small claims action. ArbitrationTerms, Process,Rulesand A Notice of Dispute to Sprint should be Procedures sent to: General Counsel; Arbitration (1) Unless you and Sprint agree Office; 12502 Sunrise Valley Drive, otherwise, the arbitration will be Mailstop VARESA0202-2C682; Reston, conducted by a single, neutral arbitrator Virginia 20191. Sprint will provide a and will take place in the county of Notice of Dispute to you in accordance the last billing address of the Service. with the “Providing Notice To Each The arbitration will be governed by Other Under The Agreement” section either: (a) rules that we mutually agree of this Agreement. Sprint will assign a upon; or (b) the JAMS Comprehensive representative to work with you and try to Arbitration Rules & Procedures (the resolve your Dispute to your satisfaction. “JAMS Rules”), as modified by this You and Sprint agree to make attempts to agreement to arbitrate, including the resolve the Dispute prior to commencing rules about the filing, administration, an arbitration or small claims action. discovery and arbitrator fees. The If an agreement cannot be reached JAMS rules are available on its website within forty-five (45) days of receipt of at jamsadr.com. Notwithstanding any 48 General Terms and Conditions of Service v.7-1-13
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual DRAFT Internal Use Only JAMS Rule to the contrary or any other the Minimum Standards in that regard provision in arbitration rules chosen, by will apply. However, nothing in this agreement, to govern the arbitration, we paragraph will require or allow you each agree that all issues regarding the or Sprint to arbitrate on a class-wide, Dispute are delegated to the arbitrator representative or consolidated basis. to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate. (2) The Federal Arbitration Act (“FAA”) claim. YOU AND SPRINT AGREE THAT applies to this Agreement and arbitration EACH MAY BRING CLAIMS AGAINST provision. We each agree that the FAA’s THE OTHER ONLY IN AN INDIVIDUAL provisions—not state law—govern all CAPACITY, AND NOT AS A CLASS questions of whether a Dispute is subject MEMBER IN ANY PUTATIVE CLASS OR to arbitration. To the extent that this REPRESENTATIVE PROCEEDING. Further, agreement to arbitrate conflicts with the unless both you and Sprint expressly JAMS Policy on Consumer Arbitrations agree otherwise, the arbitrator may not Pursuant to Pre-Dispute Clauses consolidate more than one person’s Minimum Standards for Procedural claims, and may not otherwise preside Fairness (the “Minimum Standards”), over any form of a representative or v.7-1-13 General Terms and Conditions of Service 49
(4) We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. Sprint will pay for any filing or case management fees associated with the arbitration and the professional fees DRAFT No Trial By Jury and No Class Action IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER Internal Use Only THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION class proceeding. If any portion of this (6) As an alternative to arbitration, we provision is found to be unenforceable, may resolve Disputes in small claims then the entirety of this arbitration court in the county of your most provision shall be null and void. recent billing address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Sprint on your behalf. for the arbitrator’s services. (5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction. 50 General Terms and Conditions of Service v.7-1-13
Providing Notice To Each Other Under DRAFT Internal Use Only AND WE EACH UNCONDITIONALLY (1) “Location-Enabled Services” section); WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) failure to safeguard your passwords, WAIVE ANY RIGHT TO PURSUE DISPUTES ON backup question to your shared secret A CLASSWIDE BASIS, INCLUDING JOINING question, or other account information; A CLAIM WITH THE CLAIM OF ANY OTHER or violating this Agreement or any policy PERSON OR ENTITY OR ASSERT A CLAIM referenced in this Agreement, any IN A REPRESENTATIVE CAPACTITY ON applicable law or regulation, or the rights of BEHALF OF ANYONE ELSE IN ANY OTHER any third party. PROCEEDING. Indemnification The Agreement You agree to indemnify, defend, and hold Except as the Agreement specifically Sprint and our subsidiaries, affiliates, provides otherwise, you must provide us parent companies, vendors, suppliers, and notice by calling or writing us as instructed licensors harmless from any claims arising on your invoice. We will provide you notice out of or relating to your actions, including, through one or more of the following: but not limited to, your use of the Service in your bill, correspondence to your last and any information you submit, post, known billing address, to any fax number transmit, or make available via the Service; or email address you’ve provided us, by failing to provide appropriate notices calling you on your Device or any other regarding location-enabled services (see phone number you’ve provided us, by v.7-1-13 General Terms and Conditions of Service 51
Contacting You Regarding Billing and You expressly authorize, and specifically consent to allowing Sprint and any of Sprint’s agents to contact you in connection with any and all matters DRAFT relating to unpaid past due charges you owe Sprint. You agree that, for attempts to collect unpaid past due charges, Sprint and any of its agents may contact you at Other Important Te rm s Internal Use Only Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the billing address of the Device, without regard voice message on your Device or any other private address and is not accessible to phone number you’ve provided us, or by unauthorized third parties. For attempts to text message on your Device. collect unpaid charges, you agree that in addition to individual persons attempting to communicate directly with you, any type Collections of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set email messages delivered by an automatic emailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to Sprint. You agree and acknowledge that any email address or any other electronic address that you provide to Sprint is your 52 General Terms and Conditions of Service v.7-1-13
DRAFT Internal Use Only to the conflicts of law rules of that state. spoken agreements—you can’t rely on any If either of us waives or doesn’t enforce contradictory documents or statements a requirement under this Agreement in by sales or service representatives. The an instance, we don’t waive our right to rights, obligations, and commitments in the later enforce that requirement. Except Agreement that—by their nature—would as the Agreement specifically provides logically continue beyond the termination otherwise, if any part of the Agreement is of Services (for example, those relating to held invalid or unenforceable, the rest of billing, payment, 911, dispute resolution, this Agreement remains in full force and no class action, no jury trial) survive effect. This Agreement isn’t for the benefit termination of Services. of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. [End General Terms and Conditions of You can’t assign the Agreement or any of Service] your rights or duties under it, unless we agree to the assignment. We can assign the Agreement without notice. You cannot in any manner resell the Services to another party. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or v.7-1-13 General Terms and Conditions of Service 53
DRAFT Please take care to visit only trusted websites and download applications only from trusted entities. Sprint has no control over websites you visit or applications and software you Internal Use Only download, and Sprint’s policies do not apply to those websites, applications or software. The websites you visit may place “cookies” or other files on your device when you visit them. Downloaded applications or software may access, use Important Message from Sprint Important Information about this or share information on your device, like device’s “open” architecture. This your contacts or your location. device is an “open” device. What that Although Sprint is excited to allow our means is that you are free to use it to customers to make their own choices access the Internet as you see fit. You about the Internet sites you wish to may go to websites you like and you visit or the applications or software may download or use applications or you’d like to use, we do want to remind software that you choose. you that Sprint is not able to help you troubleshoot issues connected with your use of non-Sprint applications or software (such as the ones you may select and download to your device). Sprint also will not be able to provide you credits for applications or software that you download from sources other than Sprint. And, Sprint is not liable for the websites you visit or anything you download or cause to be downloaded to your device. Damage related to websites visited or downloads to your device may Important Message 54
not be covered by Sprint’s Service and Repair policy, or your device insurance policy. For more information about Sprint’s policies, products or services, please visit us at sprint.com. DRAFT Internal Use Only 55 Important Message
Other marks are the property of their respective owners. GH68-XXXXXA Printed in Korea DRAFT Internal Use Only ©2014 Sprint. Sprint and the logo are trademarks of Sprint. SPT_X_IIB_Eng_PS_080114_R1

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