5. Open Source Software. Your license rights 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 or derivative
work thereof; or (2) grant, or purport to grant, to any third party any rights or immunities under
Philips’ intellectual property or proprietary rights in the Software or derivative work 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 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.
