require Inter net access such as th e ability to downlo ad content that requ ires the WM-D RM Upgrade. Al l title and
intellectual propert y rights in and to the Secure Content is the propert y of the respective Secure Content owners and
may be protected by applicable copyright or other intellec tual property laws and treaties . This Agreement grants you
no rights to use suc h Secure Content . To summarize, if the Soft ware contains Micr osoft WM-DRM com ponents –
Secure Content you desire to download, copy, store, display, transfer, and/or play is protected by the Microsoft
WM-DRM components of the Software . Microsoft, Secure Content Owners, or Secure Content distribut ors may
deny you access, or rest rict your access, to Se cure Content even afte r you have paid for, and/or obtained , it. Neither
your consent nor the conse nt or approval of Philips i s necessary for any of t hem to deny, withhold or ot herwise
restrict your access t o Secure Content. P hilips does not guar anty that you will be able t o download, copy, store,
display, transfer, and/or pl ay Secure Content.
5. O pen Source Softw are. (a) This softwar e may contain compone nts that are subje ct to open-sour ce terms, as sta ted
in the documentation accompanying the Device. This Agre ement does not apply to this software as such. (b) Your
license rights u nder this Agreem ent do not include any r ight or license to use, d istribute or cr eate derivat ive works of
the Software in any manner that would subject the Sof tware to Open Source Terms. “Open Source Terms” means the
terms of any license that directly or indirectly (1) create, or purpo rt to create, obligations for Philips with respec t to the
Software an d/or derivative wo rks thereof ; or (2) grant, or pur port to grant , to any third par ty any rights or im munities
under intellectual proper ty or proprietary right s in the Software or derivative work s thereof.
6. Termina tion. This Agreem ent shall be effec tive upon install ation or rst use of t he Software a nd shall terminate ( i) at
the discretion of P hilips, due to your fai lure to comply with a ny term of this Agree ment; or (ii) upon de struction of a ll
copies of the Soft ware and related m aterials provid ed to you by Philips hereu nder. Philips’s rights a nd your obligations
shall survive t he termination of t his Agreement .
7. Upg rad es . 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 upg rades to you may be subj ect to your acceptan ce of another agree ment.
8. Su pport Services . Philips is not obligate d to provide technic al or other suppor t (“Suppor t Services”) for t he
Software. I f Philips does provi de you with Suppor t Services, t hese will be governe d by separate term s to be agreed
between you and Ph ilips.
9. L imited Softwa re Warranty. Philips provides the Soft ware ‘as is’ and without any warranty except that the Soft ware
will perform substantia lly in accordance with the documentation accompanying the Soft ware for a period of one year
after your rs t download, inst allation or use of the S oftware, w hichever occurs r st. Philips’ ent ire liability a nd your
exclusive remedy for breach of this warranty sha ll 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 Softwa re that does not meet the warranty set forth he rein and
that is returned to Philips with a copy of your receipt. This limited warr anty shall be void if failure of the Software has
resulted from any accident, abuse, misuse or wrong ful application. Any replacement Soft ware will be warranted for the
remainder of the original warran ty period or thirty (30) days, whichever is longer. This limited wa rranty shall not apply
to you if the Softw are was provided t o you free of charge on an e valuation only ba sis.
10. NO OTHER WARRANT IES. EXCEPT AS SET FORTH ABOVE, PHI LIPS AND ITS LICENSORS DO NOT
WARRANT THAT THE SOFTWARE WILL OPER ATE ERROR FREE OR UNINTERRUPTED, OR WILL M EET
YOUR REQUIREM ENTS. YOU ASSUME A LL RESPONSI BILITIES FOR S ELECTION OF TH E SOFTWARE TO
ACHIEVE YOUR INT ENDED RESULTS, AN D FOR THE INSTALL ATION OF, USE OF, AND RESULTS OBTAINE D
FROM THE SOFTWARE. TO THE MAXIM UM EXTENT PERMITT ED BY APPLICABLE LAW, PHILIPS AND ITS
LICENSORS DISCLAI M ALL WARRANTIES AND CONDITION S, WHETHER EXPRESS OR IMPL IED, INCLUDING
BUT NOT LIMITED TO TH E IMPLIED WARR ANTIES OF MERC HANTABILITY, FIT NESS FOR A PARTICUL AR
PURPOSE, AN D ACCURACY OR COMPL ETENESS OF RE SULTS WITH RESPEC T TO THE SOFTWARE A ND
THE ACCOMPANYING MATERIALS. THERE IS NO WARRA NTY AGAINST INFRINGEM ENT. PHILIPS DOES NOT
WARRANT THAT YOU WILL B E ABLE TO DOWNLOAD, COPY, STORE , DISPLAY, TRANSF ER, AND/OR PL AY
SECURE CONTEN T.
11. LIMITATION OF LIABILIT Y. UNDER NO CIRCUMS TANCES WILL PHILI PS OR ITS LICENSO RS BE LIABLE
FOR ANY CONSEQU ENTIAL, SPECI AL, INDIREC T, INCIDENTAL OR PUNI TIVE DAMAGES WHATSOE VER,
INCLUDING, W ITHOUT LIMI TATION, DAMAGES FOR LOSS OF PROFI TS OR REVENUE S, BUSINESS
INTERRUPT ION, LOSS OF BUSIN ESS INFORMATION , LOSS OF DATA, LOSS OF USE OR OTHER PECUN IARY
LOSS, EVEN IF PHI LIPS OR ITS LICE NSORS HAVE BEEN ADVI SED OF THE POSSIB ILITY OF SUCH DAM AGES.
IN NO EVENT SHA LL PHILIPS’ OR IT S LICENSORS’ AGG REGATE LIABILI TY FOR DAMAGES ARI SING OUT OF
THIS AGREEMEN T EXCEED THE GRE ATER OF THE PRICE ACTUA LLY PAID BY YOU FOR THE SOFTWAR E
OR FIVE POUNDS S TERLING (5.0 0).
12. Trademarks. Cer tain of the produc t and Philips names us ed in this Agreeme nt, the Softwa re, and the print ed user
documentatio n may constitute tr ademarks of the P hilips, its licens ors or other thir d parties. You are not a uthorized
to use any such trade marks.