the upgrade, you will n ot be able to access Secur e Content that requ ires the WM-DR M Upgrade; howeve r, you
will still be able to acces s unprotected cont ent and Secure Cont ent that does not requ ire the upgrade . WM-DRM
features that access the I nternet, such a s acquiring new lice nses and/or perfor ming a required W M-DRM Upgra de,
can be switched off. W hen these feature s are switched of f, you will still be abl e to play Secure Conten t if you have
a valid license for such conte nt already stor ed on your Device. Howeve r, you will not be able to use cer tain of the
WM-DRM Soft ware features tha t require Inter net access such as the a bility to download co ntent that requir es the
WM-DRM Upgrad e. All title and int ellectual prop erty right s in and to the Secure Co ntent is the proper ty of the
respective Secur e Content owners a nd may be protected by a pplicable copyrig ht or other intellec tual proper ty
laws and treaties. T his Agreement gr ants you no rights t o use such Secure Conte nt. To summarize, if the So ftware
contains Microsoft WM -DRM components – S ecure Content you desir e to download, copy, store, d isplay,
transfer, and/or play is protect ed by the Microsoft WM -DRM components o f the Software. Mi crosoft, Secure
Content Owners, or Sec ure Content distrib utors may deny you access, o r restrict your access, t o Secure
Content even after you have pa id for, and/or obtained, it . Neither your consent nor t he consent or approval of
Philips is necessary fo r any of them to deny, withhold o r otherwise restri ct your access to Secure Con tent. Philips
does not guaranty tha t you will be able to download , copy, store, display, trans fer, and/or play Secure Conten t.
5. Open Source Softwar e. (a) This software may co ntain component s that are subject t o open-source ter ms, as stated
in the documentatio n accompanying the Devi ce. This Agreeme nt does not apply to this s oftware as suc h. (b) Your
license rights unde r this Agreement do n ot include any right o r license to use, dist ribute or create d erivative work s of
the Software in any m anner that would sub ject the Softw are to Open Source Term s. “Open Source Terms” m eans
the terms of any license th at directly or ind irectly (1) create, or p urport to cre ate, obligations fo r Philips with resp ect
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 in tellectual pro perty or prop rietary rig hts in the Softw are or derivat ive works there of.
6. Termination. This Agreem ent shall be effec tive upon instal lation or rst use o f the Software a nd shall terminat e (i) at
the discretion of Phili ps, due to your failur e to comply with any ter m of this Agreemen t; or (ii) upon dest ruction of all
copies of the Softwar e and related mate rials provided to you b y Philips hereunde r. Philips’s rights and you r obligations
shall survive the te rmination of this A greement.
7. Up gra de s. Phil ips 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 metho ds. Such upgrade s may be made available pu rsuant to the ter ms of this Agreement o r
the release of such upgr ades to you may be subjec t to your acceptance of a nother agreemen t.
8. Support Services . Philips is not obligat ed to provide technic al or other suppor t (“Suppor t Services”) for t he
Software. If Phi lips does provide you w ith Support S ervices, thes e will be governed by sep arate terms to be ag reed
between you and Philip s.
9. Limited Software Warr anty. Philips provid es the Softwar e ‘as is’ and without an y warranty exce pt that the Softw are
will perform subs tantially in accor dance with the docu mentation accompa nying the Softw are for a period of one ye ar
after your rst dow nload, install ation or use of the Sof tware, whichev er occurs rst . Philips’ entire lia bility and your
exclusive remedy for br each of this warr anty shall be, at Ph ilips’ option, eith er (i) return of the p rice 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 warrant y set forth here in
and that is returned t o Philips with a copy of your r eceipt. This limi ted warranty s hall be void if failur e of the Software
has resulted from any a ccident, abuse, m isuse or wrongfu l application. Any r eplacement Sof tware will be war ranted
for the remainder of the o riginal warr anty period or th irty (30) days, w hichever is longer. This l imited warra nty shall
not apply to you if the Soft ware was provid ed to you free of charge o n an evaluation only ba sis.
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 UN INTERRUPTE D, OR 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 DI SCLAIM ALL WARR ANTIES AND CO NDITIONS, WH ETHER EXPRE SS OR IMPLIED,
INCLUDING BUT NOT LI MITED TO THE IMPLI ED WARRANTIE S OF MERCHANTABILI TY, FITNESS FOR
A PARTICULAR PURP OSE, AND ACCURAC Y OR COMPLETENE SS OF RESULTS WITH RE SPECT TO THE
SOFTWARE AND TH E ACCOMPANYING MATERIAL S. THERE IS NO WAR RANTY AGAIN ST INFRINGE MENT.
PHILIPS DOES NOT WARR ANT THAT YOU WILL BE ABL E TO DOWNLOAD, COPY, STORE, DISP LAY,
TRANSFER, A ND/OR PLAY SECURE CON TENT.