Secure Content Owners may also require you to upgrade some of the
the
5.Open Source Software. (a) This software may contain components that are subject to
6.Termination. This Agreement shall be effective upon installation or first use of the Software and shall terminate (i) at the discretion of Philips, due to your failure to comply with any term of this Agreement; or (ii) upon destruction of all copies of the Software and related materials provided to you by Philips hereunder. Philips’s rights and your obligations shall survive the termination of this Agreement.
7.Upgrades. Philips may, at its sole option, make upgrades to the Software available by general posting on a website or by any other means or methods. Such upgrades may be made available pursuant to the terms of this Agreement or the release of such upgrades to you may be subject to your acceptance of another agreement.
8.Support Services. Philips is not obligated to provide technical or other support (“Support Services”) for the
Software. If Philips does provide you with Support Services, these will be governed by separate terms to be agreed between you and Philips.
9.Limited Software Warranty. Philips provides the Software ‘as is’ and without any warranty except that the Software will perform substantially in accordance with the documentation accompanying the Software for a period of one year after your first download, installation or use of the Software, whichever occurs first. Philips’ entire liability and your exclusive remedy for breach of this warranty shall be, at Philips’ option, either (i) return of the price paid by you for the Software (if any); or (b) repair or replacement of the Software that does not meet the warranty set forth herein and that is returned to Philips with a copy of your receipt. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or wrongful application. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty shall not apply to you if the Software was provided to you free of charge on an evaluation only basis.
10.NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, PHILIPS AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILIPS AND
ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OR COMPLETENESS OF RESULTS WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS. THERE IS NO WARRANTY AGAINST INFRINGEMENT.