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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
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF
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