GRACENOTE® END-USER LICENSE AGREEMENT
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 your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Database, and Gracenote 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.
PAGE 93
FireBall™