English

NOTIC E

SOFTWARE END USER LICEN SE AGREEMENT

THIS SOFTWARE END USER LICENSE AGREEMENT (“THIS AGREEMENT”) IS A LEGAL AND BINDING AGREEM ENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND PHILIPS CONSUMER LIFE STYLE 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”). THI S
AGREEMENT GIVES YOU TH E RIGHT TO USE CERTAIN SO FTWARE (TH E “SOFTWAR E”) INCLUDING U SER
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 Ag reement gran ts you a non-exclusi ve, nontransfe rable, non-sub l icensable license to i nstall
and use, on the Device or a PC , as applicable , one (1) copy of the specied ver sion of the Soft ware in object code
format as set out in the u ser documentati on solely for your per sonal use. The Sof tware is “in use” w hen it is loaded
into the temporar y or permanent me mory (i.e. R AM, hard disk, e tc.) of the PC or the Device .
2. Ownership. The Sof tware is license d and not sold to you. Thi s Agreement gra nts you only the rig ht to use the
Software, but you do not acquire any rights, expres s or implied, in the Software other than those specie d in this
Agreement. Philips and its licensors retai n all right, title, and interest in and to the Soft ware, including all patents,
copyrights, trad e secrets, and ot her intellectu al propert y rights incorpo rated therein . The Softwar e is protected
by copyright laws, international treaty provision s, and other intellectual proper ty laws. Therefore, other than as
expressly set forth herein, you may not copy the Software wi thout prior written author ization 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 elec tronic form,
except that you may make one (1) copy of such p rinted materia ls for your back-up pur poses only.
3. License Restrictions . Except as provided o therwise her ein, you shall not ren t, lease, sublice nse, sell, assig n, loan,
or otherwise tra nsfer the Softw are. You shall not, and you s hall not permit any t hird party, to rev erse engineer,
decompile, or disass emble the Soft ware, except to the ex tent that appli cable law expressl y prohibits the fo regoing
restriction . You may not remove or destroy a ny product identi cation, copyri ght notices, or othe r proprietar y
markings or rest rictions from t he Software . All titles, tra demarks, and co pyright and res tricted right s notices shall be
reproduced on your back u p copy of the Softwar e. You may not modify or adapt t he Software , merge the Soft ware
into another progra m or create deriv ative works base d upon the Softwa re.
4. Termination of certain fu nctionality. The So ftware may cont ain components of ce rtain license d software inc luding
software license d from Microsoft C orporation (“ Microsoft” ) which implement s Microsoft’s di gital rights m anagement
technology for Windows Media. Content provider s are using the digital rights management technolog y for Windows
Media (“WM-DRM”) to protec t the integrity of their content (“Secure Content ”) so that their intellectual proper ty,
including copyright , in such content is not mi sappropriate d. Your Device may also use WM -DRM softwa re to transfer
or play Secure Content (“WM-DRM Soft ware”). If the security of such WM-DRM Sof tware is compromised, Microsoft
may revoke (either on its ow n or upon the reques t of the owners of Sec ure Content (“Se cure Content Own ers”))
the WM-DRM Sof tware’s right to acq uire new licenses to co py, store, transfe r, display and/or play Secur e Content.
Revocation does not alter the WM-DRM Softwa re’s ability to play unprotected content. A list of revoked WM- DRM
Software is sent to yo ur PC and/or your Device w henever you downloa d a license for Secure Co ntent. Microsof t may,
in conjunction with such license, also download revocation list s 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 requ ire you to upgrade so me of the WM-DR M components dist ributed with t his Software ( “WM-
DRM Upgrades”) before accessing their content. When you atte mpt to play Secure Content, WM-DRM Soft ware
built by Microsoft will notify you that a WM-DRM Upgrade is re quired 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 upgr ade,
you will not be able to access Secure Content that requires the WM-DRM Upgr ade; however, you will still be able to
access unprotected content and Secure Content that does not require the upg rade. WM-DRM features that access the
Internet, such as a cquiring new licens es and/or perfor ming a required W M-DRM Upgr ade, can be switch ed 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 Sof tware features that