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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 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
Guide d'utilisation de la carte son Ultimate Edge™
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