Notice software end user license agreement – Philips Fidelio Enceinte Hi-Fi sans fil A5 Manuel d'utilisation

Page 34

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Conditions of Use give you the rights to use certain features on your Device relating to the streaming of

content. You must agree to these Terms and Conditions of Use before using the Device. Your use of the Device

constitutes your agreement to be bound by these Terms and Conditions of Use and will give you the right to

access these features. If you do not agree to these Terms and Conditions of Use, you may return your Device to

the point of purchase. These Terms and Conditions of Use supplement, and do not replace, any terms, conditions

or disclaimers which were provided with your purchase of the Device. All such terms, conditions and disclaimers

remain in full force and effect.

Eligibility for Registration.

You must be at least 14 years of age to assume the responsibilities of these Terms and Conditions of Use. If you

are under 14 years of age, you may not use the Device unless one of your parents or legal guardians assumes

the responsibilities of these Terms and Conditions of Use. Your use of the Device constitutes your

representation that you are either 14 years of age or, if you are under 14 years of age, that your parent or legal

guardian has assumed the responsibilities of these Terms and Conditions of Use.

Restrictions on Modification of your Device

Your Device provides access to certain streams of content. As a condition of obtaining access to those streams

through the Device, you agree not to tamper with or otherwise modify or attempt to modify the Device in any

ZD\ LQFOXGLQJ WKURXJK WKH XVH RI VRIWZDUH RU E\ PDNLQJ SK\VLFDO DOWHUDWLRQV WR WKH 'HYLFH <RX DJUHH WKDW \RX

will not circumvent or attempt to circumvent technological measures employed to control access to, or the

rights in, any content. You agree that you will not circumvent or attempt to circumvent any copy management

system by any means. You agree that you will not decipher or attempt to decipher cryptographic keys or

otherwise defeat or attempt to defeat any security features implemented in the Device or in the content

streams. You agree that you will not use the Device for any unauthorized purpose or in contravention of any law

or regulation.

Disclaimers Regarding Content

The streams of content which are accessible through your Device are not controlled or programmed by Philips.

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“tuner” which allows you to receive the content broadcast by many others outside of your local area. Since the

content is provided by others, PHILIPS HAS NO EDITORIAL CONTROL OVER ANY OF THAT CONTENT

RECEIVED THROUGH YOUR DEVICE AND, THEREFORE IS NOT LIABLE FOR CONTENT OR ITS NATURE

OR DELIVERY. PHILIPS DOES NOT ENDORSE ANY OPINIONS EXPRESSED IN ANY CONTENT RECEIVED

THROUGH YOUR DEVICE. PHILIPS DOES NOT GUARANTEE THE TRUTHFULNESS, ACCURACY,

RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT. YOU AGREE THAT ANY RELIANCE ON

CONTENT IS AT YOUR OWN RISK.

Limitations on Access to Streams.

Philips does not guarantee access to any particular stream or to the content contained in any stream. Philips

may, in its discretion, add or remove access to any specific stream or content at any time. Some streams are

accessible through arrangements with online service providers which determine which streams are listed on

their directories. Although Philips will strive to provide a good selection of online service providers, Philips does

not guarantee continued access to any specific online service provider. Philips may, in its discretion, add or

remove access to any specific online service provider.

Rights in Content

Content may be protected by copyright laws or other intellectual property or proprietary laws. In some

situations, such as use of the Device in a commercial environment, it may be necessary for you to obtain, at your

own risk, a license or other authorization to use such content. You agree that, in the event such a license or

Network

Conditions of Use give you the rights to use certain features on your Device relating to the streaming of

content. You must agree to these Terms and Conditions of Use before using the Device. Your use of the Device

constitutes your agreement to be bound by these Terms and Conditions of Use and will give you the right to

access these features. If you do not agree to these Terms and Conditions of Use, you may return your Device to

the point of purchase. These Terms and Conditions of Use supplement, and do not replace, any terms, conditions

or disclaimers which were provided with your purchase of the Device. All such terms, conditions and disclaimers

remain in full force and effect.

Eligibility for Registration.

You must be at least 14 years of age to assume the responsibilities of these Terms and Conditions of Use. If you

are under 14 years of age, you may not use the Device unless one of your parents or legal guardians assumes

the responsibilities of these Terms and Conditions of Use. Your use of the Device constitutes your

representation that you are either 14 years of age or, if you are under 14 years of age, that your parent or legal

guardian has assumed the responsibilities of these Terms and Conditions of Use.

Restrictions on Modification of your Device

Your Device provides access to certain streams of content. As a condition of obtaining access to those streams

through the Device, you agree not to tamper with or otherwise modify or attempt to modify the Device in any

ZD\ LQFOXGLQJ WKURXJK WKH XVH RI VRIWZDUH RU E\ PDNLQJ SK\VLFDO DOWHUDWLRQV WR WKH 'HYLFH <RX DJUHH WKDW \RX

will not circumvent or attempt to circumvent technological measures employed to control access to, or the

rights in, any content. You agree that you will not circumvent or attempt to circumvent any copy management

system by any means. You agree that you will not decipher or attempt to decipher cryptographic keys or

otherwise defeat or attempt to defeat any security features implemented in the Device or in the content

streams. You agree that you will not use the Device for any unauthorized purpose or in contravention of any law

or regulation.

Disclaimers Regarding Content

The streams of content which are accessible through your Device are not controlled or programmed by Philips.

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“tuner” which allows you to receive the content broadcast by many others outside of your local area. Since the

content is provided by others, PHILIPS HAS NO EDITORIAL CONTROL OVER ANY OF THAT CONTENT

RECEIVED THROUGH YOUR DEVICE AND, THEREFORE IS NOT LIABLE FOR CONTENT OR ITS NATURE

OR DELIVERY. PHILIPS DOES NOT ENDORSE ANY OPINIONS EXPRESSED IN ANY CONTENT RECEIVED

THROUGH YOUR DEVICE. PHILIPS DOES NOT GUARANTEE THE TRUTHFULNESS, ACCURACY,

RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT. YOU AGREE THAT ANY RELIANCE ON

CONTENT IS AT YOUR OWN RISK.

Limitations on Access to Streams.

Philips does not guarantee access to any particular stream or to the content contained in any stream. Philips

may, in its discretion, add or remove access to any specific stream or content at any time. Some streams are

accessible through arrangements with online service providers which determine which streams are listed on

their directories. Although Philips will strive to provide a good selection of online service providers, Philips does

not guarantee continued access to any specific online service provider. Philips may, in its discretion, add or

remove access to any specific online service provider.

Rights in Content

Content may be protected by copyright laws or other intellectual property or proprietary laws. In some

situations, such as use of the Device in a commercial environment, it may be necessary for you to obtain, at your

own risk, a license or other authorization to use such content. You agree that, in the event such a license or

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authorization is necessary, it is your responsibility to obtain any such license or authorization. You agree that you

are solely liable for any damages you may incur resulting from your failure to obtain the proper license or

authorization for use of the content accessible through the Device. You agree that Philips will have no liability to

you with regard to your use of the content.

Changes in Features

Philips may, in its discretion, change the features of the Device, including adding features to, or removing features

from, the Device. Some new features may require changes to these Terms and Conditions of Use. Your use of

those new features will constitute your agreement to the revised Terms and Conditions of Use.

Software and Intellectual Property Rights

You may need to use certain software programs to use or have full access to certain features of the Device. You

received certain software with the purchase of the Device and may receive other software from time to time in

the future. Most of that software is contained in the Device and is not accessible to you. Some of that software

is owned by Philips and some is owned by others. Your use of software owned by Philips is subject to these

Terms and Conditions of Use and any applicable license agreement. Your use of software owned by others is

governed by their applicable license agreements. Your use of software does not transfer any title or ownership

rights in the software to you. Philips retains all its rights in software and other intellectual property, including

copyrights, patent rights, and rights in its trademarks and trade names. You agree that you will not disassemble,

decompile, create derivative works of, reverse engineer, modify, sublicense, distribute the software or use the

software for any unauthorized purpose or in contravention of any law or regulation.

Warranty Disclaimer

PHILIPS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE DEVICE WILL

MEET YOUR REQUIREMENTS OR THAT THE USE OF THE DEVICE WILL BE UNINTERRUPTED, TIMELY,

SECURE OR FREE FROM ERRORS. PHILIPS MAKES NO WARRANTY AS TO THE CONTENT CARRIED IN

ANY STREAM. PHILIPS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE

INFORMATION OR CONTENT ACCESSED THROUGH YOUR DEVICE OR TO YOUR RELIANCE ON, OR

USE OF, ANY INFORMATION OR CONTENT ACCESSED THROUGH YOUR DEVICE. SPECIFIC

WARRANTIES WERE PROVIDED WITH YOUR PURCHASE OF YOUR DEVICE AND THOSE WARRANTIES,

INCLUDING ANY DISCLAIMERS TO THOSE WARRANTIES, CONTINUE TO APPLY. Because some

jurisdictions do not permit the disclaimer of implied warranties, such disclaimers may not apply to you.

Limitation of Liability

PHILIPS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,

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OR FOR LOSS OF DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO YOUR USE

OF THE DEVICE WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT

OR ANY OTHER LEGAL THEORY - EVEN IF PHILIPS HAS BEEN ADVISED, OR IS AWARE, OF THE

POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PHILIPS CUMULATIVE LIABILITY FOR DAMAGE

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Miscellaneous

“This agreement will be governed by the laws of the jurisdiction in which the Device was sold and you hereby

consent to the non-exclusive jurisdiction of courts in the relevant country. If any provision of this agreement is

invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary

to render such provision valid and enforceable and the other provisions of this agreement will remain in full

force and effect. These Terms and Conditions of Use will not be governed by the United Nations Convention of

Contracts for the International Sale of Goods, the application of which is hereby expressly waived.”

BY USING YOUR DEVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS

AND CONDITIONS OF USE AND THAT YOU ACCEPT THEM.

authorization is necessary, it is your responsibility to obtain any such license or authorization. You agree that you

are solely liable for any damages you may incur resulting from your failure to obtain the proper license or

authorization for use of the content accessible through the Device. You agree that Philips will have no liability to

you with regard to your use of the content.

Changes in Features

Philips may, in its discretion, change the features of the Device, including adding features to, or removing features

from, the Device. Some new features may require changes to these Terms and Conditions of Use. Your use of

those new features will constitute your agreement to the revised Terms and Conditions of Use.

Software and Intellectual Property Rights

You may need to use certain software programs to use or have full access to certain features of the Device. You

received certain software with the purchase of the Device and may receive other software from time to time in

the future. Most of that software is contained in the Device and is not accessible to you. Some of that software

is owned by Philips and some is owned by others. Your use of software owned by Philips is subject to these

Terms and Conditions of Use and any applicable license agreement. Your use of software owned by others is

governed by their applicable license agreements. Your use of software does not transfer any title or ownership

rights in the software to you. Philips retains all its rights in software and other intellectual property, including

copyrights, patent rights, and rights in its trademarks and trade names. You agree that you will not disassemble,

decompile, create derivative works of, reverse engineer, modify, sublicense, distribute the software or use the

software for any unauthorized purpose or in contravention of any law or regulation.

Warranty Disclaimer

PHILIPS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE DEVICE WILL

MEET YOUR REQUIREMENTS OR THAT THE USE OF THE DEVICE WILL BE UNINTERRUPTED, TIMELY,

SECURE OR FREE FROM ERRORS. PHILIPS MAKES NO WARRANTY AS TO THE CONTENT CARRIED IN

ANY STREAM. PHILIPS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE

INFORMATION OR CONTENT ACCESSED THROUGH YOUR DEVICE OR TO YOUR RELIANCE ON, OR

USE OF, ANY INFORMATION OR CONTENT ACCESSED THROUGH YOUR DEVICE. SPECIFIC

WARRANTIES WERE PROVIDED WITH YOUR PURCHASE OF YOUR DEVICE AND THOSE WARRANTIES,

INCLUDING ANY DISCLAIMERS TO THOSE WARRANTIES, CONTINUE TO APPLY. Because some

jurisdictions do not permit the disclaimer of implied warranties, such disclaimers may not apply to you.

Limitation of Liability

PHILIPS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,

381,7,9( 63(&,$/ 25 &216(48(17,$/ '$0$*(6 ,1&/8',1* /267 352),76 25 /267 6$9,1*6

OR FOR LOSS OF DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO YOUR USE

OF THE DEVICE WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT

OR ANY OTHER LEGAL THEORY - EVEN IF PHILIPS HAS BEEN ADVISED, OR IS AWARE, OF THE

POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PHILIPS CUMULATIVE LIABILITY FOR DAMAGE

)520 $1< &$86( :+$762(9(5 (;&((' 7+( $02817 <28 3$,' )25 <285 '(9,&(

Miscellaneous

“This agreement will be governed by the laws of the jurisdiction in which the Device was sold and you hereby

consent to the non-exclusive jurisdiction of courts in the relevant country. If any provision of this agreement is

invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary

to render such provision valid and enforceable and the other provisions of this agreement will remain in full

force and effect. These Terms and Conditions of Use will not be governed by the United Nations Convention of

Contracts for the International Sale of Goods, the application of which is hereby expressly waived.”

BY USING YOUR DEVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS

AND CONDITIONS OF USE AND THAT YOU ACCEPT THEM.

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

'HYLFH·V DELOLW\ WR FRS\ VWRUH GLVSOD\ WUDQVIHU DQGRU SOD\ 6HFXUH &RQWHQW 6HFXUH &RQWHQW 2ZQHUV PD\ DOVR

require you to upgrade some of the WM-DRM components distributed with this Software (“WM-DRM

8SJUDGHVµ EHIRUH DFFHVVLQJ WKHLU FRQWHQW :KHQ \RX DWWHPSW WR SOD\ 6HFXUH &RQWHQW:0'50 6RIWZDUH EXLOW

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. D 7KLV VRIWZDUH PD\ FRQWDLQ FRPSRQHQWV WKDW DUH VXEMHFW WR RSHQVRXUFH WHUPV

as stated in the documentation accompanying the Device. This Agreement does not apply to this software as

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derivative works of the Software in any manner that would subject the Software to Open Source Terms. “Open

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REOLJDWLRQV IRU 3KLOLSV ZLWK UHVSHFW WR WKH 6RIWZDUH DQGRU GHULYDWLYH ZRUNV WKHUHRI RU  JUDQW RU SXUSRUW WR

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

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upon destruction of all copies of the Software and related materials provided to you by Philips hereunder.

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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. 3KLOLSV LV QRW REOLJDWHG WR SURYLGH WHFKQLFDO RU RWKHU VXSSRUW ´6XSSRUW 6HUYLFHVµ IRU

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. 3KLOLSV SURYLGHV WKH 6RIWZDUH ¶DV LV· DQG ZLWKRXW DQ\ ZDUUDQW\ H[FHSW WKDW

the Software will perform substantially in accordance with the documentation accompanying the Software for a

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RI WKH SULFH SDLG E\ \RX IRU WKH 6RIWZDUH LI DQ\  RU E UHSDLU RU UHSODFHPHQW RI WKH 6RIWZDUH WKDW GRHV QRW

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

'HYLFH·V DELOLW\ WR FRS\ VWRUH GLVSOD\ WUDQVIHU DQGRU SOD\ 6HFXUH &RQWHQW 6HFXUH &RQWHQW 2ZQHUV PD\ DOVR

require you to upgrade some of the WM-DRM components distributed with this Software (“WM-DRM

8SJUDGHVµ EHIRUH DFFHVVLQJ WKHLU FRQWHQW :KHQ \RX DWWHPSW WR SOD\ 6HFXUH &RQWHQW:0'50 6RIWZDUH EXLOW

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. D 7KLV VRIWZDUH PD\ FRQWDLQ FRPSRQHQWV WKDW DUH VXEMHFW WR RSHQVRXUFH WHUPV

as stated in the documentation accompanying the Device. This Agreement does not apply to this software as

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derivative works of the Software in any manner that would subject the Software to Open Source Terms. “Open

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REOLJDWLRQV IRU 3KLOLSV ZLWK UHVSHFW WR WKH 6RIWZDUH DQGRU GHULYDWLYH ZRUNV WKHUHRI RU  JUDQW RU SXUSRUW WR

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

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upon destruction of all copies of the Software and related materials provided to you by Philips hereunder.

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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. 3KLOLSV LV QRW REOLJDWHG WR SURYLGH WHFKQLFDO RU RWKHU VXSSRUW ´6XSSRUW 6HUYLFHVµ IRU

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. 3KLOLSV SURYLGHV WKH 6RIWZDUH ¶DV LV· DQG ZLWKRXW DQ\ ZDUUDQW\ H[FHSW WKDW

the Software will perform substantially in accordance with the documentation accompanying the Software for a

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RI WKH SULFH SDLG E\ \RX IRU WKH 6RIWZDUH LI DQ\  RU E UHSDLU RU UHSODFHPHQW RI WKH 6RIWZDUH WKDW GRHV QRW

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

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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 BUSINESS INFORMATION, LOSS OF DATA, LOSS OF USE OR OTHER

PECUNIARY LOSS, EVEN IF PHILIPS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF

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DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF THE PRICE ACTUALLY PAID

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12. Trademarks. Certain of the product and Philips names used in this Agreement, the Software, and the

printed user documentation may constitute trademarks of the Philips, its licensors or other third parties. You

are not authorized to use any such trademarks.

13. Export Administration. You agree that you will not directly or indirectly, export or re-export the

Software to any country for which the United States Export Administration Act, or any similar United States law

or regulation requires an export license or other U.S. Government approval, unless the appropriate export

license or approval has first been obtained. By downloading or installing the Software you agree to abide by this

Export provision.

14. Governing law. This Agreement is governed by the laws of your country of residence ,residence, without

reference to its conflict of laws principles. Any dispute between you and Philips regarding this Agreement shall

be subject to the non-exclusive jurisdiction of the courts of your country of residence.

15. General. This Agreement contains the entire agreement between you and Philips and supersedes any prior

representation, undertaking or other communication or advertising with respect to the Software and user

documentation. If any part of this Agreement is held invalid, the remainder of this Agreement will continue in

full force and effect. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.

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

WKLUW\  GD\V ZKLFKHYHU LV ORQJHU 7KLV OLPLWHG ZDUUDQW\ VKDOO QRW DSSO\ WR \RX LI WKHLI WKH 6RIWZDUH ZDV

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 BUSINESS INFORMATION, LOSS OF DATA, LOSS OF USE OR OTHER

PECUNIARY LOSS, EVEN IF PHILIPS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF

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12. Trademarks. Certain of the product and Philips names used in this Agreement, the Software, and the

printed user documentation may constitute trademarks of the Philips, its licensors or other third parties. You

are not authorized to use any such trademarks.

13. Export Administration. You agree that you will not directly or indirectly, export or re-export the

Software to any country for which the United States Export Administration Act, or any similar United States law

or regulation requires an export license or other U.S. Government approval, unless the appropriate export

license or approval has first been obtained. By downloading or installing the Software you agree to abide by this

Export provision.

14. Governing law. This Agreement is governed by the laws of your country of residence ,residence, without

reference to its conflict of laws principles. Any dispute between you and Philips regarding this Agreement shall

be subject to the non-exclusive jurisdiction of the courts of your country of residence.

15. General. This Agreement contains the entire agreement between you and Philips and supersedes any prior

representation, undertaking or other communication or advertising with respect to the Software and user

documentation. If any part of this Agreement is held invalid, the remainder of this Agreement will continue in

full force and effect. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.

NOTICE

SOFTWARE END USER LICENSE AGREEMENT

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ELECTRONICS B.V. A DUTCH LIMITED LIABILITY COMPANY, WITH ITS PRINCIPAL OFFICE AT GLASLAAN

2, 5616 LW EINDHOVEN, THE NETHERLANDS AND ITS SUBSIDIARY COMPANIES (INDIVIDUALLY AND

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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

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object code format as set out in the user documentation solely for your personal use. The Software is “in use”

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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

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for your back-up purposes only.

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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.

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that their intellectual property, including copyright, in such content is not misappropriated. Your Device may also

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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

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object code format as set out in the user documentation solely for your personal use. The Software is “in use”

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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

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for your back-up purposes only.

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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

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成品尺寸:100X130MM

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成品尺寸:130X130MM

正面

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