20
EN
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
HIIHFWLYHXSRQLQVWDOODWLRQRUÀUVWXVHRI
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
WR\RXPD\EHVXEMHFWWR\RXUDFFHSWDQFHRI
another agreement.
6XSSRUW6HUYLFHV
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.
/LPLWHG6RIWZDUH:DUUDQW\
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
DSHULRGRIRQH\HDUDIWHU\RXUÀUVWGRZQORDG
installation or use of the Software, whichever
RFFXUVÀUVW3KLOLSV·HQWLUHOLDELOLW\DQG\RXU
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.
1227+(5:$55$17,(6
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.
/,0,7$7,212)/,$%,/,7<
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
