User's Manual

transfer, and/or play Secure Content. Secure Content Own-
ers 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 o. When these features are switched o,
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 Agreement grants you no rights to use
such Secure Content. To summarize, if the Software con
-
tains Microsoft WM-DRM components – Secure Content
you desire to download, copy, store, display, transfer, and/
or play is protected by the Microsoft WM-DRM compo
-
nents 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 approval of SCREENEO INNOVATION SA
is necessary for any of them to deny, withhold or other
-
wise 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 oered under the applicable
open source licenses will be delivered upon request, please
contact [e-mail] in English with
product identication 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 eective upon
installation or rst 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.
7. Upgrades. SCREENEO INNOVATION SA 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. SCREENEO INNOVATION SA is not
obligated to provide technical or other support (“Support
Services”) for the Software. If SCREENEO INNOVATION
SA does provide you with Support Services, these will be
governed by separate terms to be agreed between you and
SCREENEO INNOVATION SA.
9. Limited Software Warranty. SCREENEO INNOVATION SA
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 rst download, installation
or use of the Software, whichever occurs rst. SCREENEO
INNOVATION SA’ entire liability and your exclusive remedy for
breach of this warranty shall be, at SCREENEO INNOVATION
SA’ 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 SCREENEO INNOVATION SA 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, SCREE
-
NEO INNOVATION SA 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, SCREENEO INNOVATION SA and its licensors
disclaim all warranties and conditions, whether express or
implied, including but not limited to the implied warranties of
merchantability, tness 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. SCREENEO INNOVATION SA 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
SCREENEO INNOVATION SA or its licensors be liable for
any consequential, special, indirect, incidential or punitive
damages whatsoever, including, without limitation, damages
for loss of prots or revenues, business interruption, loss of
business information, loss of data, loss of use or other pecu
-
niary loss, even if SCREENEO INNOVATION SA or its licensors
have been advised of the possibility of such damages. In
no event shall SCREENEO INNOVATION SA 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 ve pounds sterling (5.00).
12. Trademarks. Certain product names used in this Agree
-
ment, the Software, and the printed user documentation may
be (registered) trademarks of SCREENEO INNOVATION SA,
its licensors or other third parties. You are not authorized to
use any such trademarks.
13. Export Administration. You agree that you will not directly
or indirectly, export or re-export the Software to any country
for which the United States Export Administration Act, or any
similar United States law or regulation requires an export
license or other U.S. Government approval, unless the appro
-
priate export license or approval has rst been obtained. By
downloading or installing the Software you agree to abide by
this Export provision.
14. Governing Law - Litigations. This Agreement shall be
governed by Swiss Law. Any dispute arising in connection
with this Agreement, if not settled amicably, shall be brought
to the competent court of Switzerland.
15. General. This Agreement contains the entire agree
-
ment between you and SCREENEO INNOVATION SA and
supersedes any prior representation, undertaking or other
communication or advertising with respect to the Software
and user documentation. If any part of this Agreement is
held invalid, the remainder of this Agreement will continue in
full force and eect. This Agreement shall not prejudice the
statutory rights of any party dealing as a consumer.