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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
) are offered by Samsung alone and the Adobe
www.adobe.com
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 third-party rights, integration, satisfactory quality, or fitness for
any particular purpose.
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
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