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 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 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.