Philips PSC724/00 User Manual page 2

Philips Sound Solutions
SOFTWARE END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGAL AND BINDING AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND PHILIPS ELECTRONICS NORTH AMERICA
CORPORATION, with OFFICES AT 1251 Avenue of the Americas, New York, New York 10020, USA ("PHILIPS"),
REGARDING THE USE OF THE PHILIPS SOFTWARE (THE "SOFTWARE") PROVIDED WITH THE PHILIPS ULTIMATE
EDGE SOUND CARD (THE "PRODUCT"), WHICH INCLUDES USER DOCUMENTATION PROVIDED IN ELECTRONIC
FORM. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE
SOFTWARE, AND RETURN THE PRODUCT, THE SOFTWARE, ALL MANUALS, DOCUMENTATION, AND PROOF OF
PAYMENT TO PHILIPS WITHIN THIRTY (30) DAYS OF PURCHASE FOR A FULL REFUND.
Grant of License. This Agreement grants you a non-exclusive, nontransferable, non-sublicensable license to install and
use one (1) copy of the specified version of the Software in object code format, in operating environment(s) authorized by
Philips for internal purposes only, on only one computer. This license does not permit you to use more than one instance of
any copy of the Software. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or
installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
Ownership. The license granted hereunder does not constitute a transfer or sale of Philips' or its licensor's ownership rights
in or to the Software. This Agreement grants you 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, you may not use, copy, or distribute 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 the printed
materials accompanying the Software, nor print copies 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.
License Restrictions. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or
otherwise transfer the Software or use the Software for commercial timesharing, or service bureau purposes. You shall not,
and you shall not permit any third party, to reverse engineer, decompile, or disassemble the Software, except to the extent
that the foregoing restriction is expressly prohibited by applicable law. 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 all copies of the Software. You may not modify, copy, or adapt
the Software, merge the Software into another program or create derivative works based upon the Software. You may not
transfer your rights under this Agreement to any third parties.
Identified Software. Your license rights to the Software are conditioned upon your (i) not incorporating Identified Software
into, or combining Identified Software with, the Software or a derivative work thereof; (ii) not distributing Identified Software in
conjunction with the Software or a derivative work thereof; and (iii) not using Identified Software in the development of a
derivative work of the Software. "Identified Software" means software which is licensed pursuant to terms 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. Identified Software includes, without limitation, any software that requires as a
condition of use, modification and/or distribution of such software that other software incorporated into, derived from or
distributed with such software be (A) disclosed or distributed in source code form; (B) be licensed for the purpose of making
derivative works; or (C) be redistributable at no charge.
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. Upon termination of this Agreement by Philips, you shall certify in writing to Philips that all
copies of the Software, or any portion thereof, have either been returned to Philips or otherwise destroyed or deleted.
Limited Warranty. Philips warrants that the Software will perform substantially in accordance with the written user
documentation accompanying the Software for a period of ninety (90) days after receipt by you. Philips's entire liability and
your exclusive remedy for breach of this warranty shall be, at Philips's option, either (i) return of the price paid by you (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 misapplication by you. 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 you are using the
Software on an evaluation only basis.
NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS.
PHILIPS AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR
UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION
The Ultimate Edge™ Soundcard Users Guide
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