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 theif 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 TEN POUNDS STERLINGUS DOLLARS (510.00).
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.
13. Export Administration.
You agree that you will not directly or indirectly, export or re-export the
Software to any country for which the United States Export Administration Act, or any similar United States
law or regulation requires an export license or other U.S. Government approval, unless the appropriate export
license or approval has first been obtained. By downloading or installing the Software you agree to abide by this
Export provision.
14. Governing law.
This Agreement is governed by the laws of your country of residence ,residence, without
reference to its conflict of laws principles. Any dispute between you and Philips regarding this Agreement shall
be subject to the non-exclusive jurisdiction of the courts of your country of residence.
15. General.
This Agreement contains the entire agreement between you and Philips and supersedes any prior
representation, undertaking or other communication or advertising with respect to the Software and user
documentation. If any part of this Agreement is held invalid, the remainder of this Agreement will continue in
full force and effect.This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.
