Philips seismic edge, 3 software end user license agreement – Philips 4-Channel Sound Card User Manual

Page 3

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Philips Seismic Edge

3

Software End User License Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. If you (end user, either an entity or an individual) do not

agree with these terms and conditions do not install the software. This End User License Agreement is a contract between you and Philips

Consumer Electronics B.V, including its suppliers and licensors (''Philips'') for this software program (''Licensed Software''). By installing the

Licensed Software or using the Licensed Software you agree to and accept the terms and conditions of this End User License Agreement

.

YOU AGREE THAT YOUR USE OF THE LICENSED SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS END USER

LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS:

1.

Copyright

The Licensed Software is a proprietary product of Philips, and is protected by copyright laws. Title, ownership rights and

intellectual property rights in and to the Licensed Software shall remain with Philips.

2.

Right to use

Philips hereby grants you the personal, non-exclusive license to use the Licensed Software only on and in conjunction with

one (1) computer at one time. You may not sell, rent, redistribute, sublicense or lease the Licensed Software, or otherwise

transfer or assign the right to use it. You may not decompile, disassemble, reverse engineer, or in any way modify program

code, except where this restriction is expressly prohibited by applicable law. Except for one (1) copy which may be made

for backup purposes only, you may not copy the Licensed Software. You are not allowed to alter or remove any proprietary

notices, including copyright notices, in the Licensed Software.

3.

Disclaimer of Warranty

THE LICENSED SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK OF USE

OF THE LICENSED SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHILIPS

MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES EXPRESSLY OR IMPLIED SUCH AS BY WAY OF

EXAMPLE BUT NOT OF LIMITATION REGARDING MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PUR-

POSE, OR THAT LICENSED SOFTWARE IS ERROR FREE, OR THAT THE USE OF THE LICENSED SOFTWARE OR

ANY COPIES THEREOF WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHT OF

THIRD PARTIES.

4.

Updated

This license does not grant you the right to any upgrades or updates of the Licensed Software. However, Philips will be

entitled to offer updates and/or modifications to the Licensed Software at its discretion.

5.

Changes of the agreement

No changes of this Agreement are valid unless with Philips’ and your written approval. Any terms and conditions provided

by you are inapplicable, whether or not contained in order forms or otherwise, unless specifically accepted by Philips in

writing by means of a duly signed addition to this Agreement.

6.

Limitations of liability

PHILIPS ACCEPTS NO LIABILITY FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFIT, LOSS SAVINGS, LOSS

OF DATA, BUSINESS INTERRUPTIONS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR

PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF

PHILIPS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR

ANY CLAIM BY ANY OTHER PARTY. SINCE SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OF LIABILITY,

THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

7.

Validity and Termination

The license granted hereunder shall terminate automatically and without notice if you do not comply with all the terms and

conditions of this End User License Agreement. In the event of termination, you shall immediately stop any use of the

Licensed Software and destroy all copies thereof. In addition, in the event of termination because of your failure to comply

with your obligations, Philips reserves the right to invoke any and all other remedies available to it in law or contract includ-

ing the right to claim damages.

8.

Applicable Law

This contract shall exclusively be governed by the laws of the Kingdom of The Netherlands without regard to its conflict of

law provisions.

9.

Competent Court

The competent court for any dispute between you and Philips pursuant to this End User License Agreement is the court of

‘s-Hertogenbosch, the Netherlands.

Philips Consumer Electronics B.V., 1999, Eindhoven, The Netherlands.

V-1 991214

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