33
EN
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.
9. Limited Software Warranty.
Philips provides the Software ‘as is’ and
without any warranty except that the Software will perform substantially
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