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3. License Restrictions. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell,
assign, loan, or otherwise transfer the Software. You shall not, and you shall not permit any third
party, to reverse engineer, decompile, or disassemble the Software, except to the extent that
applicable law expressly prohibits the foregoing restriction. You may not remove or destroy any
product identification, copyright notices, or other proprietary markings or restrictions from the
Software. All titles, trademarks, and copyright and restricted rights notices shall be reproduced
on your back up copy of the Software. You may not modify or adapt the Software, merge the
Software into another program or create derivative works based upon the Software.
4. Termination of certain functionality. The Software may contain components of certain licensed
software including software licensed from Microsoft Corporation (“Microsoft”) which implements
Microsoft’s digital rights management technology for Windows Media. Content providers are
using the digital rights management technology for Windows Media (“WM-DRM”) to protect the
integrity of their content (“Secure Content”) so that their intellectual property, including copyright,
in such content is not misappropriated. Your Device may also use WM-DRM software to transfer
or play Secure Content (“WM-DRM Software”). If the security of such WM-DRM Software is
compromised, Microsoft may revoke (either on its own or upon the request of the owners of
Secure Content (“Secure Content Owners”)) the WM-DRM Software’s right to acquire new
licenses to copy, store, transfer, display and/or play Secure Content. Revocation does not alter the
WM-DRM Software’s ability to play unprotected content. A list of revoked WM-DRM Software
is sent to your PC and/or your Device whenever you download a license for Secure Content.
Microsoft may, in conjunction with 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.
44


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