1. License
2. Warranties
3. Liability
4. Jurisdiction
5. Finally
You may use this App on a mobile device owned or controlled by you only for the purpose described above. The App is licensed, not sold, to you for your use. This license is non-transferable and is between you and Philips. Philips reserves all other rights in the software. You agree you will not: (i) reverse engineer the App; (ii) attempt to work around safeguards within the App; (iii) remove any App notices; (iv) use the App in violation of any law or regulation, or in violation of any obligation you may have to another person or entity; (v) or share or publish the App for others use without the express written authorization from Philips.
While our goal is to provide you with a great App and a great App user experience, Philips is only able to provide you the App "as-is.” Although we would love to, we unfortunately cannot warrant anything about the App or its content. PHILIPS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS, OR INFRINGEMENT.
As much faith as we have in our App, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the App does not work or any content is lost, please accept our sincerest apologies. We understand that it is unfortunate and inconvenient. Unfortunately, to the maximum extent permitted by applicable law, we cannot accept any liability for any damages incurred as a result of your use of the App. PHILIPS TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO PHILIPS, OR IF NONE, THEN $500. IN ANY EVENT, NEITHER PARTY (YOU OR PHILIPS) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF GOODWILL REGARDLESS OF THE FORM OF THE ACTION GIVING RISE TO SUCH LIABILITY AND REGARDLESS WHETHER SUCH DAMAGES ARE FORESEEABLE OR THAT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These conditions of use shall be construed, interpreted, and governed by the laws of the State of Washington without regard to conflicts of law provisions thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Also, you irrevocably grant the mobile application store where you have purchased this the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third-party beneficiary thereof.
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