DISCLAIMER WORDING FOR ADOBE SOFTWARE PRODUCTS (Europe)
Samsung Electronics Company Limited and its subsidiaries (together "Samsung") have not been provided with any warranties from Adobe Systems Incorporated ("Adobe") in relation to the Adobe software products (the "Adobe Software Products") which are bundled together with Samsung products (the "Samsung Products") within the Samsung LCD Monitor to which this agreement relates (the "Monitor").
Under the licence agreement entered into between Samsung Electronics Company Limited and Adobe (the "Licence Agreement"), Samsung is required to ensure that this agreement: (a) complies with the terms and conditions of the Licence Agreement; (b) effectively disclaims all warranties and conditions (express or implied) on behalf of Adobe; (c) effectively excludes all liability for damages on behalf of Adobe; (d) makes it clear that any provisions in this agreement which differ from those in the Licence Agreement are offered by Samsung alone (and not Adobe); and (e) makes it clear that the Adobe Software Products are available from Adobe as well as from Samsung.
For the avoidance of doubt and subject only to the applicable law in your jurisdiction, nothing in this agreement shall be deemed or interpreted to comprise a warranty, representation, condition or any other term given by or in relation to Adobe and Adobe shall not have any liability under this agreement whether in relation to the Adobe Software Products or otherwise. Any provisions in this agreement which differ from those in the Licence Agreement (a copy of the standard form of which can be viewed under "ICC profiles - bundling licence agreement" on www.adobe.com) are offered by Samsung alone and the Adobe Software Products can are available from Adobe through the same website.
Other than as stated in the preceding paragraphs, Samsung does not act on behalf of Adobe in any respects and/ or for any purpose.
On the basis and for the reasons stated above, the Adobe Software Products (including any related properties, embedded intellectual property rights and Adobe trademarks) are provided to you by Samsung under this agreement on an "AS IS" basis and with no other warranties whatsoever. Samsung cannot and does not warrant the performance or results you may obtain by using the Adobe Software Products, except for any warranty, condition, representation, or term to the extent to which the same cannot or may not be excluded or limited pursuant to the law applicable to you in your jurisdiction. In addition, Samsung makes no warranties, conditions, representations or terms (express or implied), whether by statute, common law, custom, usage or otherwise as to any other matters relating to or arising from the Adobe Software Products, including (but not limited to) non- infringement of
Nothing in this agreement shall exclude or limit Samsung's liability for death or personal injury resulting from the negligence of Samsung or any of its officers, employees or agents. You may have additional rights which vary from jurisdiction to jurisdiction and this agreement does not affect any such statutory rights.
In no event will Samsung be liable to you in relation to the Adobe Software Products for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if a Samsung representative has been advised of the possibility of such loss, damages, claims, or