require Interne t access such as the abi lity to download con tent that requir es the WM-DRM U pgrade. All tit le and
intellectual property righ ts in and to the Secure Content is the property of the respec tive Secure Content owners and
may be protected by applicable copyright or other intellectual prop erty laws and treaties. This Agree ment grants you
no rights to use such Secu re Content. To summari ze, if the Softwa re contains Microsof t WM-DRM compon ents –
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 restric t your access, to Secure Co ntent even after you have p aid for, and/or obtained, it . Neither
your consent nor the consent or a pproval of Philips is nece ssary for any of them t o deny, withhold or other wise
restrict your access to Sec ure Content. Phili ps does not guarant y that you will be able to dow nload, copy, store,
display, transfer, and/or play Sec ure Content.
5. Open Source Softwar e. (a) This software may co ntain component s that are subjec t to open-source te rms, as stat ed
in the documentation accompanying the Device. This Agreement doe s not apply to this software as such. (b) Your
license rights unde r this Agreement d o not include any righ t or license to use, dis tribute or crea te derivative wo rks of
the Software in any manner that would subject the Soft ware to Open Source Terms. “Open Source Terms” means the
terms of any license that directly or indirectly (1) create, or purpor t to create, obligations for Philips with respect to the
Software and/or de rivative work s thereof; or (2) gr ant, or purpor t to grant, to a ny third party a ny rights or immun ities
under intellectual property or pro prietary rights in the Soft ware or derivative works ther eof.
6. Termination. This Agreeme nt shall be effect ive upon installa tion or rst use of th e Software and s hall terminate (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 gr ade s. 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 upgra des to you may be subjec t to your acceptance of an other agreemen t.
8. Support Services. Ph ilips is not obligated t o provide technica l or other suppor t (“Support S ervices”) for the
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 provides the Softwa re ‘as is’ and without any warranty except that the Softw are
will perform substantially in accordance wit h the documentation accompanying the Softwar e for a period of one year
after your rst dow nload, install ation or use of the Sof tware, which ever occurs rs t. Philips’ entir e liability and you r
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 wa rranty set forth herein and
that is returned to Philips with a copy of your receipt. This limited warrant y shall be void if failure of the Software has
resulted from any accident, abuse, misuse or wrongful appl ication. Any replacement Softwar e will be warranted for the
remainder of the original warranty per iod or thirty (30) days, whichever is longer. This limited warr anty shall not apply
to you if the Softwar e was provided to you fr ee of charge on an eval uation only basis .
10. NO OTHER WARRANTIES . EXCEPT AS SET FORTH ABOVE, PHILIP S AND ITS LICENSORS DO NOT
WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR UN INTERRUPTED, OR WILL MEET
YOUR REQUIREMEN TS. YOU ASSUME ALL R ESPONSIBI LITIES FOR SEL ECTION OF THE SOF TWARE TO
ACHIEVE YOUR INTEN DED RESULTS, AND FO R THE INSTALLATION O F, USE OF, AND RESULTS OBTAINED
FROM THE SOFTWARE. TO THE MAXIMUM EX TENT PERMITTED BY APPLICA BLE LAW, PHILIPS AND ITS
LICENSORS DISCLAIM ALL WARR ANTIES AND CONDITIONS, WH ETHER EXPRESS OR IMPLIED, INC LUDING
BUT NOT LIMITED TO THE IM PLIED WARRAN TIES OF MERCHAN TABILITY, FITNE SS FOR A PARTICULAR
PURPOSE, AND ACCUR ACY OR COMPLE TENESS OF RESULTS WI TH RESPECT TO THE S OFTWARE AND
THE ACCOMPANYING MATERIALS. THERE IS NO WARRANT Y AGAINST INFRINGEMENT. PHILI PS DOES NOT
WARRANT THAT YOU WILL BE AB LE TO DOWNLOAD, COPY, STORE, DI SPLAY, TRANSFER , AND/OR PLAY
SECURE CONTENT.
11. LI MITATION OF LIABILITY. UNDE R NO CIRCUMSTANCES W ILL PHILIPS OR I TS LICENSORS B E LIABLE
FOR ANY CONSEQUENT IAL, SPECIAL , INDIRECT, INC IDENTAL OR PUNITI VE DAMAGES WHATSOEVE R,
INCLUDING, WIT HOUT LIMITATION, DAMAG ES FOR LOSS OF PROFITS OR R EVENUES, B USINESS
INTERRUPTION , LOSS OF BUSINESS I NFORMATION, LOSS OF DATA, LOSS OF US E OR OTHER PECUNIARY
LOSS, EVEN IF PHILI PS OR ITS LICENSO RS HAVE BEEN ADVISED O F THE POSSIBIL ITY OF SUCH DAMAGE S.
IN NO EVENT SHALL PH ILIPS’ OR ITS LI CENSORS’ AGGRE GATE LIABILIT Y FOR DAMAGES ARISI NG OUT OF
THIS AGREEMENT E XCEED THE GREATER OF TH E PRICE ACTUALLY PAID BY YOU FOR TH E SOFTWARE
OR FIVE POUNDS STER LING (5.00).
12. Tradem arks. Certa in of the product an d Philips names used in t his Agreement, t he Software , and the printed use r
documentation may cons titute trade marks of the Phil ips, its licensor s or other third par ties. You are not aut horized
to use any such trademar ks.