End User License Agreement

This License Agreement is a legal agreement between you and Philips Mobile Computing Group ("Philips").  

The flash miniature card accessory pack you purchased for use with the Philips' Velo handheld computing device ("Velo") includes flash miniature card software ("Software").  Philips is willing to license the use of the Software to you on the terms and conditions contained in this License Agreement.  By installing or otherwise using the Software, you agree to be bound by these terms and conditions.  Upon installation of the Software you will have the right to use the Software but will not own it.  If you do not agree to the terms and conditions contained in this License Agreement, Philips is not willing to license the Software to you.  In such event you may not use the Software.  You should promptly contact Philips for instructions on the return of the unused miniature card accessory pack for a refund.  In the event of a return, you may not keep any copies of the Software for any use, transfer or distribution or for any other purpose.

Grant of License.  Philips grants you the right to install the Software on a single Velo and use the Software on that Velo.  If Philips provides upgrades to the Software, you may install the upgrades on the same Velo on which the Software was originally installed as a supplement to, or replacement copy for, the originally-installed Software.  The use of such upgrade will be governed by the terms and conditions of this License Agreement.

Reserved Rights.  All rights not specifically granted by this License Agreement are reserved by Philips.

Prohibited Acts.  

You may not copy the Software except for the creation of a backup copy on your host computer.

You may not install the Software on more than one Velo, whether or not additional Velos are owned by you.

You may not transfer or otherwise distribute the Software to any third party, whether or not as a gift, loan, rental, lease, or other arrangement.

You may not reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this prohibition.

Limited Warranty.  Philips warrants that the Software will perform substantially in accordance with its specifications for a period of ninety (90) days from the date of receipt.

Sole Remedies.  In the event that the Software does not meet the Limited Warranty set out in this License Agreement, Philips' entire liability and your exclusive remedy will be either (i) the return of the purchase price paid by you, or (ii) replacement of the Software.  The choice of remedy will be at Philips' sole option.  Refund or replacement under this section is conditioned upon your return of the miniature card accessory pack together with your purchase receipt.

DISCLAIMER OF ADDITIONAL WARRANTIES.  EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY, THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF DAMAGES.  PHILIPS WILL NOT BE LIABLE FOR ANY DAMAGES YOU INCUR IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE OR ITS PERFORMANCE INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES SUCH AS THOSE FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION AND THE LIKE.


