Philips BDP2500 User Manual page 45

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. 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 SUCH DAMAGES. IN NO EVENT SHALL PHILIPS' OR ITS LICENSORS' AGGREGATE
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER
OF THE PRICE ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE POUNDS
STERLING (5.00).
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.