Secure Content Owne rs may also requir e you to upgrade some of th e WM-DRM compon ents distribu ted with this
Software (“W M-DRM Upgrad es”) before accessing t heir content. Whe n you attempt to play Se cure Content, WM -
DRM Software bu ilt by Microsoft will n otify you that a WM- DRM Upgrade is r equired and then a sk for your consent
before the WM-DR M Upgrade is downloa ded. WM-DRM S oftware buil t by Philips may do the same . If you decline
the upgrade, you will n ot be able to access Secur e Content that requ ires the WM-DR M Upgrade; however, you
will still be able to access u nprotected conte nt and Secure Conte nt that does not requi re the upgrade. W M-DRM
features that access the I nternet, such a s acquiring new licens es and/or perfor ming a required WM -DRM Upgrade ,
can be switched off. W hen these features a re switched off, yo u will still be able to pl ay Secure Content if you ha ve
a valid license for such conte nt already store d on your Device. However, you wi ll not be able to use cer tain of the
WM-DRM Softw are features that r equire Inter net access such as the ab ility to download cont ent that require s
the WM-DRM Upgr ade. All title a nd intellectual p roperty r ights in and to the Secu re Content is the proper ty of
the respective Secu re Content owner s and may be protecte d by applicable copyr ight or other intelle ctual proper ty
laws and treaties. T his Agreement gr ants you no right s to use such Secure Con tent. To summarize, if the S oftware
contains Microsoft WM -DRM component s – Secure Content you desi re to download, copy, store, d isplay,
transfer, and/or play is protec ted by the Microsoft WM -DRM component s of the Software. M icrosoft, Secure
Content Owners, or Sec ure Content distribu tors may deny you access, o r restrict your access, t o Secure Content
even after you have paid for, and/or obtained, it. Neither your consent nor the consent or approval of Philips is
necessary for any of them to deny, withhold or otherwise restrict your access to Secure Content. Philips does not
guaranty that you will be a ble to download, copy, stor e, display, transfer, and/or p lay Secure Content .
5. Open Source Software. (a) This software m ay contain component s that are subjec t to open-source ter ms, as stated
in the documentatio n accompanying the Devi ce. This Agreemen t does not apply to this sof tware as such . (b) Your
license rights under t his Agreement do no t include any right or li cense to use, distr ibute or create der ivative works of
the Software in any m anner that would subj ect the Softw are to Open Source Terms . “Open Source Terms” me ans
the terms of any license tha t directly or indi rectly (1) create, or pu rport to creat e, obligations for Ph ilips with respec t
to the Software an d/or derivative wor ks thereof; or ( 2) grant, or purpo rt to grant, to a ny third part y any rights or
immunities under intellectual property or proprietary rights in the Software or derivative works thereof.
6. Termination. This Agreement shal l be effective upo n installation or fi rst use of the Soft ware and shall te rminate (i) at
the discretion of Philip s, due to your failure t o comply with any term of t his Agreement; o r (ii) upon destr uction of all
copies of the Softwar e and related mater ials provided to you by Ph ilips hereunder. Phil ips’s rights and your ob ligations
shall survive the te rmination of this Ag reement.
7. Upgr ades . Philips may, at its sole option , make upgrades to th e Software avai lable by general pos ting on a website or
by any other means or method s. Such upgrades m ay be made available pur suant to the terms of t his Agreement or
the release of such upgr ades to you may be subjec t to your acceptance of anot her agreement.
8. Support Services. Philips is not obligated to provi de technical or othe r support (“Su pport Serv ices”) for the
Software. If Phi lips does provide you wi th Support Se rvices, these wi ll be governed by separ ate terms to be agre ed
between you and Philip s.
9. Limited Softwar e Warranty. Philips provi des the Softwar e ‘as is’ and without a ny warranty exce pt that the Softwa re
will perform subs tantially in accor dance with the docum entation accompa nying the Softwa re for a period of one yea r
after your first dow nload, installa tion or use of the Soft ware, whicheve r occurs first. P hilips’ entire liab ility and your
exclusive remedy for br each of this warra nty shall be, at Phil ips’ option, eithe r (i) return of the pr ice paid by you for
the Software (if a ny); or (b) repair or replace ment of the Softw are that does not mee t the warranty s et forth herei n
and that is returned to P hilips with a copy of your re ceipt. This limite d warranty sha ll be void if failure of th e Software
has resulted from any accident, abuse, misuse or wrongful application. Any replacement Software will be warranted
for the remainder of the o riginal warr anty period or thi rty (30) days, w hichever is longer. This li mited warrant y shall
not apply to you if the Soft ware was provide d to you free of charge on an e valuation only bas is.
10. NO OTH ER WARRANTIES. E XCEPT AS SET FORTH A BOVE, PHILIPS A ND ITS LICENSOR S DO NOT
WARRANT THAT THE SOF TWARE WILL OPER ATE ERROR FREE OR UNI NTERRUPTED, O R WILL MEET
YOUR REQUIREMEN TS. YOU ASSUME ALL R ESPONSIBIL ITIES FOR SELEC TION OF THE SOF TWARE TO
ACHIEVE YOUR INTEN DED RESULTS, AND FO R THE INSTALLATION OF, USE O F, AND RESULTS OBTAINED
FROM THE SOFTWAR E. TO THE MAXIMU M EXTENT PERM ITTED BY APPLIC ABLE LAW, PHILIP S 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 PURP OSE, AND ACCURAC Y OR COMPLETENES S OF RESULTS WITH RES PECT TO THE
SOFTWARE AND THE ACCO MPANYING MATERIAL S. THERE IS NO WARR ANTY AGAIN ST INFRINGEM ENT.