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Philips 3000 series Blu-ray Disc- DVD player BDP3250 DivX Plus HD WiFi-Ready BD-Live User Manual

Page 49

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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.

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 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.