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
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.
