Software End User License Agreement

Philips Sound Solutions

ATTENTION: THIS SOFTWARE IS SUBJECT TO THE LICENSE TERMS DESCRIBED BELOW. USE OF THIS SOFTWARE INDICATES ACCEPTANCE OF THE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND. IF THE SOFTWARE IS PACKAGED WITH ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.

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© KONINKLIJKE PHILIPS ELECTRONICS N.V. 2002 All rights reserved. Reproduction in whole or in part is prohibited without the written consent of the copyright owner. This software has been made available for use by end users only.

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1.Copyright

The Licensed Software is a proprietary product of Philips, and is protected by copyright laws. Title, ownership rights and intellectual property rights in and to the Licensed Software shall remain with Philips.

2.Right to use

Philips hereby grants you the personal, non-exclusive license to use the Licensed Software only on and in conjunction with one (1) computer at one time. You may not sell, rent, redistribute, sublicense or lease the Licensed Software, or otherwise transfer or assign the right to use it. You may not decompile, disassemble, reverse engineer, or in any way modify program code, except where this restriction is expressly prohibited by applicable law. Except for one (1) copy which may be made for backup purposes only, you may not copy the Licensed Software. You are not allowed to alter or remove any proprietary notices, including copyright notices, in the Licensed Software.

3.Disclaimer of Warranty

THE LICENSED SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK OF USE OF THE LICENSED SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHILIPS MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES EXPRESSLY OR IMPLIED SUCH AS BY WAY OF EXAMPLE BUT NOT OF LIMITATION REGARDING MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT LICENSED SOFTWARE IS ERROR FREE, OR THAT THE USE OF THE LICENSED SOFTWARE OR ANY COPIES THEREOF WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHT OF THIRD PARTIES.

4.Updated

This license does not grant you the right to any upgrades or updates of the Licensed Software. However, Philips will be entitled to offer updates and/or modifications to the Licensed Software at its discretion.

5.Changes of the agreement

No changes of this Agreement are valid unless with Philips' and your written approval. Any terms and conditions provided by you are inapplicable, whether or not contained in order forms or otherwise, unless specifically accepted by Philips in writing by means of a duly signed addition to this Agreement.

6.Limitations of liability

PHILIPS ACCEPTS NO LIABILITY FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFIT, LOSS SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTIONS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF PHILIPS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SINCE SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OF LIABILITY, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

7.Validity and Termination

The license granted hereunder shall terminate automatically and without notice if you do not comply with all the terms and conditions of this End User License Agreement. In the event of termination, you shall immediately stop any use of the Licensed Software and destroy all copies thereof. In addition, in the event of termination because of your failure to comply with your obligations, Philips reserves the right to invoke any and all other remedies available to it in law or contract including the right to claim damages.

8.Applicable Law

This contract shall exclusively be governed by the laws of the Kingdom of The Netherlands without regard to its conflict of law provisions.

9.Competent Court

The competent court for any dispute between you and Philips pursuant to this End User License Agreement is the court of 's- Hertogenbosch, the Netherlands.

PSC805 Aurilium™ Sound Processor Users Guide