29
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.
Your license rights 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 or derivative work thereof; or (2) grant, or purport to
grant, to any third party any rights or immunities under Philips’ intellectual property or proprietary rights in the
Software or derivative work thereof.
6.
Termination.
This Agreement shall be effective upon installation or fi rst 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 fi rst download, installation or use of the Software, whichever occurs fi rst. 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.
