Gracenote End-User License Agreement

AND SPECIAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE SOFTWARE SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. MS, Microsoft Corporation or their subsidiaries reserve the right to discontinue any Internet-based services provided to you or made available to you through the use of the SOFTWARE.

•End User Proof of License. If you acquired the SOFTWARE on a DEVICE, or on a compact disc or other media, a genuine

Microsoft “Proof of License”/Certificate of Authenticity label with a genuine copy of the SOFTWARE identifies a licensed copy of the SOFTWARE. To be valid, the label must be affixed to the DEVICE, or appear on Imerge Ltd’s software packaging. If you receive the label separately other than from Imerge Ltd., it is invalid. You should keep the label on the DEVICE or packaging to prove that you are licensed to use the SOFTWARE.

•Product Support. Product support for the SOFTWARE is not provided by MS, Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to Imerge Ltd. support number provided in the documentation for the DEVICE. Should you have any questions concerning this EULA, or if you desire to contact Imerge Ltd. for any other reason, please refer to the address provided in the documentation for the DEVICE.

•Termination. Without prejudice to any other rights, Imerge Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

•EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is subject to U.S. and European Union export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information see http://www. microsoft.com/exporting/.

Macromedia Flash Run-Time Distribution License

Publisher’s end-user license agreement shall contain, at a minimum, the following limitations:

(1)no title to, or ownership rights in the Publisher

Product or any portion of the Publisher Product are transferred;

(2)the end-user shall not reverse compile or disassemble the Publisher Product.

USE OF THIS PRODUCT IMPLIES ACCEPTANCE OF THE TERMS BELOW.

This product contains technology and data from Gracenote of Emeryville, California (“Gracenote”). The technology from Gracenote (the “Gracenote Embedded Software”) enables this product to do disc identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”), which is included on the Gracenote Database (the “Gracenote Database”).

You agree that you will use Gracenote Data, the Gracenote Database, and Embedded Software for your own personal non-commercial use only. You agree that you will access Gracenote Data only by means of the standard end user functions and features of this product. You agree not to assign, copy, transfer or transmit the Embedded Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE DATABASE, OR GRACENOTE COMPONENT, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Database, and Embedded Software will terminate if you violate these restrictions. If yourlicense terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Database, and racenote Embedded Software. Gracenote reserves all rights in the Gracenote Data, Gracenote Database, and Gracenote Embedded Software, including all ownership rights. You agree that Gracenote may enforce its rights under this Agreement against you directly in its own name.

The Embedded Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data. Gracenote reserves the right to delete data or to change data categories in any Data updates and for any cause that Gracenote deems sufficient. No warranty is made that the Embedded Software is error-free or that functioning of the Embedded Software will be uninterrupted. Gracenote is not obligated to provide you with any new enhanced or additional data types or categories that Gracenote may choose to provide in the future.

GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE COMPONENT OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

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