46
EN
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 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
