This software end user license agreement ("this agreement")
is a legal and binding agreement between you (either an
individual or entity) and SCREENEO INNOVATION SA, a
swiss company, with its principal office at Route de Lully
5c, 1131 Tolochenaz, Switzerland. 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 SCREENEO
INNOVATION SA (Philips branded) 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-exclu-
sive, non-transferable, 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.
SCREENEO INNOVATION SA 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 SCREENEO INNOVATION SA, except
that you may make one (1) copy of the Software for your
back-up purposes only. You may not copy any printed ma-
terials 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 applica-
ble 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 ("WM-DRM") to protect the integrity of
their content ("Secure Content") so that their intellectual
property, including copyright, in such content is not
misappropriated. Your Device may also use WM-DRM
software to transfer or play Secure Content ("WM-DRM
Software"). If the security of such WM-DRM Software is
compromised, Microsoft may revoke (either on its own
or upon the request of the owners of Secure Content
("Secure Content Owners") the WM-DRM Software's right
to acquire new licenses to copy, store, transfer, display
and/or play Secure Content. Revocation does not alter the
WM-DRM Software's 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 Device's ability to copy, store, display, transfer, and/
or play Secure Content. Secure Content Owners may also
require you to upgrade some of the WM-DRM components
distributed with this Software ("WM-DRM Upgrades")
before accessing their content. When you attempt to play
Secure Content, WM-DRM Software built 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 SCREENEO
INNOVATION SA 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 Agree-
ment 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 ap-
proval of SCREENEO INNOVATION SA is necessary for any
of them to deny, withhold or otherwise restrict your access
to Secure Content. SCREENEO INNOVATION SA does not
guaranty that you will be able to download, copy, store,
display, transfer, and/or play Secure Content.
5. Open Source Software. (a) This software may contain
components that are subject to open-source terms. This
Agreement does not apply to this software as such. More
information can be found in the documentation. If applicable,
source code which needs to be offered under the applicable
open source licenses will be delivered upon request, please
contact [email protected] in English with
product identification or for more information. (b) Your
license rights under this Agreement do not include any right
or license to use, distribute or create derivative works of the
Software in any manner that would subject the Software to
Open Source Terms. "Open Source Terms" means the terms
of any license that directly or indirectly (1) create, or purport
to create, obligations for SCREENEO INNOVATION SA with
respect to the Software and/or derivative works thereof; or
(2) grant, or purport to 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 terminate
(i) at the discretion of SCREENEO INNOVATION SA, 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 SCREENEO INNOVATION SA
hereunder. SCREENEO INNOVATION SA's rights and your
obligations shall survive the termination of this Agreement.
