THIS SOFTWARE END USER LICENSE AGREEMENT ("THIS AGREEMENT") IS A LEGAL
AND BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND
PHILIPS CONSUMER LIFESTYLE B.V. A DUTCH LIMITED LIABILITY COMPANY, WITH ITS
PRINCIPAL OFFICE AT HIGH TECH CAMPUS 37, 5656 AE EINDHOVEN, THE NETHERLANDS
AND ITS SUBSIDIARY COMPANIES (INDIVIDUALLY AND COLLECTIVELY "PHILIPS"). THIS
AGREEMENT GIVES YOU THE RIGHT TO USE CERTAIN SOFTWARE (THE "SOFTWARE")
INCLUDING USER DOCUMENTATION IN ELECTRONIC FORM WHICH MAY HAVE BEEN
PROVIDED SEPARATELY OR TOGETHER WITH A PHILIPS PRODUCT (THE "DEVICE") OR
A PC. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU
ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT
DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE. IF YOU ACQUIRED THE
SOFTWARE IN TANGIBLE MEDIA E.G. CD WITHOUT THE OPPORTUNITY TO REVIEW
THIS LICENSE AND DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A FULL REFUND
OF THE AMOUNT, IF ANY, THAT YOU PAID FOR THE SOFTWARE IF YOU RETURN THE
SOFTWARE UNUSED WITH PROOF OF PAYMENT WITHIN 30 DAYS FROM THE DATE OF
PURCHASE.
1.
Grant of License. This Agreement grants you a non-exclusive, nontransferable, non-sub
licensable license to install and use, on the Device or a PC, as applicable, one (1) copy of the
specified version of the Software in object code format as set out in the user documentation
solely for your personal use. The Software is "in use" when it is loaded into the temporary or
permanent memory (i.e. RAM, hard disk, etc.) of the PC or the Device.
2.
Ownership. The Software is licensed and not sold to you. This Agreement grants you only
the right to use the Software, but you do not acquire any rights, express or implied, in the
Software other than those specified in this Agreement. Philips and its licensors retain all
right, title, and interest in and to the Software, including all patents, copyrights, trade secrets,
and other intellectual property rights incorporated therein. The Software is protected by
copyright laws, international treaty provisions, and other intellectual property laws. Therefore,
other than as expressly set forth herein, you may not copy the Software without prior written
authorization of Philips, except that you may make one (1) copy of the Software for your
back-up purposes only. You may not copy any printed materials accompanying the Software,
nor print more than one (1) copy of any user documentation provided in electronic form,
except that you may make one (1) copy of such printed materials for your back-up purposes
only.
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