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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 TP VISION 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 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 TP
VISION is necessary for any of them to deny,
withhold or otherwise restrict your access to
Secure Content. TP VISION 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 TP VISION 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 TP VISION,
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 TP VISION hereunder. TP
VISION’s rights and your obligations shall
survive the termination of this Agreement.
7. Upgrades. TP VISION may, at its sole option,
make upgrades to the Software available by
general posting on a website or by any other
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