require Internet access such as the ability to download content that requires the WM-DRM Upgrade. All title and intellectual property rights in and to the Secure Content is the property of the respective Secure Content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such Secure Content. To summarize, if the Software contains Microsoft WM-DRM components – 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 distributors may deny you access, or restrict your access, to 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 able to download, copy, store, display, transfer, and/or play Secure Content.
5.Open Source Software. (a) This software may contain components that are subject to open-source terms, as stated in the documentation accompanying the Device. This Agreement does not apply to this software as such. (b) Your license rights under this Agreement do not include any right or license to use, distribute or create derivative works of the Software in any manner that would subject the Software to Open Source Terms. “Open Source Terms” means the terms of any license that directly or indirectly (1) create, or purport to create, obligations for Philips with respect to the Software and/or derivative works thereof; or (2) grant, or purport to grant, to any third party any rights or immunities under intellectual property or proprietary rights in the Software or derivative works thereof.
6.Termination. This Agreement shall be effective upon installation or first use of the Software and shall terminate (i) at the discretion of Philips, due to your failure to comply with any term of this Agreement; or (ii) upon destruction of all copies of the Software and related materials provided to you by Philips hereunder. Philips’s rights and your obligations shall survive the termination of this Agreement.
7.Upgrades. 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 upgrades to you may be subject to your acceptance of another agreement.
8.Support Services. Philips is not obligated to provide technical or other support (“Support Services”) for the
Software. If Philips does provide you with Support Services, these will be governed by separate terms to be agreed between you and Philips.
9.Limited Software Warranty. Philips provides the Software ‘as is’ and without any warranty except that the Software will perform substantially in accordance with the documentation accompanying the Software for a period of one year after your first download, installation or use of the Software, whichever occurs first. Philips’ entire liability and your exclusive remedy for breach of this warranty shall 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 Software that does not meet the warranty set forth herein and that is returned to Philips with a copy of your receipt. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or wrongful application. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty shall not apply to you if the Software was provided to you free of charge on an evaluation only basis.
10.NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, PHILIPS AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILIPS 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 PURPOSE, AND ACCURACY OR COMPLETENESS OF RESULTS WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS. THERE IS NO WARRANTY AGAINST INFRINGEMENT. PHILIPS DOES NOT
WARRANT THAT YOU WILL BE ABLE TO DOWNLOAD, COPY, STORE, DISPLAY, TRANSFER, AND/OR PLAY
SECURE CONTENT.
11.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL PHILIPS OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF USE OR OTHER PECUNIARY LOSS, EVEN IF PHILIPS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PHILIPS’ OR ITS LICENSORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF
THIS AGREEMENT EXCEED THE GREATER OF THE PRICE ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE POUNDS STERLING (5.00).
12.Trademarks. Certain of the product and Philips names used in this Agreement, the Software, and the printed user documentation may constitute trademarks of the Philips, its licensors or other third parties. You are not authorized to use any such trademarks.
