NOTICE
SOFTWARE END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT (“THIS AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND PHILIPS CONSUMER LIFESTYLE B.V. A DUTCH LIMITED LIABILITY COMPANY, WITH ITS PRINCIPAL OFFICE AT HIGH TECH CAMPUS 37, 5656 AE EINDHOVEN, THE NETHERLANDS AND ITS SUBSIDIARY COMPANIES (INDIVIDUALLY AND COLLECTIVELY “PHILIPS”). THIS AGREEMENT GIVES YOU THE RIGHT TO USE CERTAIN SOFTWARE (THE “SOFTWARE”) INCLUDING USER DOCUMENTATION IN ELECTRONIC FORM WHICH MAY HAVE BEEN PROVIDED SEPARATELY OR TOGETHER WITH A PHILIPS PRODUCT (THE “DEVICE”) OR A PC. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE. IF YOU ACQUIRED THE SOFTWARE IN TANGIBLE MEDIA E.G. CD WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A FULL REFUND OF THE AMOUNT, IF ANY, THAT YOU PAID FOR THE SOFTWARE IF YOU RETURN THE SOFTWARE UNUSED WITH PROOF OF PAYMENT WITHIN 30 DAYS FROM THE DATE OF PURCHASE.
1.Grant of License. This Agreement grants you a non-exclusive, nontransferable, non-sub licensable license to install and use, on the Device or a PC, as applicable, one (1) copy of the specified version of the Software in object code format as set out in the user documentation solely for your personal use. The Software is “in use” when it is loaded into the temporary or permanent memory (i.e. RAM, hard disk, etc.) of the PC or the Device.
2.Ownership. The Software is licensed and not sold to you. This Agreement grants you only the right to use the Software, but you do not acquire any rights, express or implied, in the Software other than those specified in this Agreement. Philips and its licensors retain all right, title, and interest in and to the Software, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. The Software is protected by copyright laws, international treaty provisions, and other intellectual property laws. Therefore, other than as expressly set forth herein, you may not copy the Software without prior written authorization of Philips, except that you may make one (1) copy of the Software for your back-up purposes only. You may not copy any printed materials accompanying the Software, nor print more than one (1) copy of any user documentation provided in electronic form, except that you may make one (1) copy of such printed materials for your back-up purposes only.
3.License Restrictions. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Software. You shall not, and you shall not permit any third party, to reverse engineer, decompile, or disassemble the Software, except to the extent that applicable law expressly prohibits the foregoing restriction. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the Software. All titles, trademarks, and copyright and restricted rights notices shall be reproduced on your back up copy of the Software. You may not modify or adapt the Software, merge the Software into another program or create derivative works based upon the Software.
4.Termination of certain functionality. The Software may contain components of certain licensed software including software licensed from Microsoft Corporation (“Microsoft”) which implements Microsoft’s digital rights management technology for Windows Media. Content providers are using the digital rights management technology for Windows
Media (“WM-DRM”) to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated. Your Device may also use WM-DRM software to transfer or play Secure Content (“WM-DRM Software”). If the security of such WM-DRM Software is compromised, Microsoft may revoke (either on its own or upon the request of the owners of Secure Content (“Secure Content Owners”)) the WM-DRM Software’s right to acquire new licenses to copy, store, transfer, display and/or play Secure Content. Revocation does not alter the WM-DRM Software’s ability to play unprotected content. A list of revoked WM-DRM Software is sent to your PC and/or your Device whenever you download a license for Secure Content. Microsoft may, in conjunction with such license, also download revocation lists onto your Device on behalf of Secure Content Owners, which may disable your Device’s ability to copy, store, display, transfer, and/or play Secure Content. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this Software (“WM- DRM Upgrades”) before accessing their content. When you attempt to play Secure Content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. WM-DRM Software built by Philips may do the same. If you decline the upgrade, you will not be able to access Secure Content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off. When these features are switched off, you will still be able to play Secure Content if you have a valid license for such content already stored on your Device. However, you will not be able to use certain of the WM-DRM Software features that
