Escient M51003-02A7 Third Party End User License Agreements

Escient Vision VS & VC User’s Guide

Version: M51003-02A7 41

Third Party End User License Agreements

Gracenote® End User License Agreement

USE OF THIS PRODUCT IMPLIES ACCEPTANCE OF THE TERMS BE-

LOW.

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 informa-

tion (“Gracenote Data”), which is included on the Gracenote Database (the

“Gracenote Database”).

You agree that you will use Gracenote Data, the Gracenote Database, and Em-

bedded 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 Data-

base, 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 war-

ranty 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 MER-

CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

NON-INFRINGEMENT.

GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OB-

TAINED BY YOUR USE OF THE GRACENOTE COMPONENT OR ANY

GRACENOTE SERVER.

IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUEN-

TIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR

LOST REVENUES.

Gracenote Corporate Description:

Music recognition technology and related data are provided by Gracenote®.

Gracenote is the industry standard in music recognition technology and related

content delivery. For more information visit www.gracenote.com

Gracenote Proprietary Legends:

product and service may practice one or more of the following U.S. Patents:

#5,987,525; #6,061,680; #6,154,773, #6,161,132, #6,230,192, #6,230,207,

#6,240,459, #6,330,593, and other patents issued or pending. Some services

supplied under license from Open Globe, Inc. for U.S. Patent: #6,304,523.

Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote

logo and logotype, and the “Powered by Gracenote” logo are trademarks of

Gracenote.