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 Philips 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 cer tain 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 proper ty rights in and to the Secure Content is the proper ty of the respective Secure Content
owners and may be protected by applicable copyright or other intellectual proper ty 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 purpor t to create,
obligations for Philips with respect to the Software and/or derivative works thereof; or (2) grant, or purpor t to
grant, to any third par ty any rights or immunities under intellectual proper ty 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 suppor t (“Suppor t Services”) for the
Software. If Philips does provide you with Suppor t 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 for th 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 thir ty (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.
