Harman-Kardon DMC 1000 manual Gracenote Eula Gracenote and Muze Terms of Use

Models: DMC 1000

1 48
Download 48 pages 17.04 Kb
Page 42
Image 42

EULA

and (3) Neither the name of the <ORGANIZATION> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Libxm-2.6.19. © 1998-2003 Daniel Veillard. For more information visit http://xmlsoft.org/. Permission is hereby granted, free of charge, to any person obtaining a copy of this soft- ware and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Gracenote EULA

Gracenote and Muze® Terms of Use

This device contains software from Gracenote, Inc. of 2000 Powell St. Emeryville, California 94608 (“Gracenote”) and may include portions of content belonging to or licensed from Muze Inc. of 304 Hudson Street, New York, New York 10013 (“Muze”).

The software from Gracenote (the “Gracenote Software”) enables this device to do disc and music file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers (“Gracenote Servers”), and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this device.

You agree that you will use the content from Muze (“Muze Content”), Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal, non-commercial use only. You agree not to assign, copy, transfer or transmit the Muze Content, Gracenote Software or any Gracenote Data (except in a Tag associated with a music file) to any third party. YOU AGREE NOT TO USE OR EXPLOIT MUZE CONTENT, GRACENOTE DATA,

THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive licenses to use the Muze Content, Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your licenses terminate, you agree to cease any and all use of the Muze Content, Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote and Muze, respectively, reserve all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers and Muze Content, including all ownership rights. Under no circumstances will either Gracenote or Muze become liable for any payment to you for any information that you provide, including any copyrighted material or music file information. You agree that Gracenote and/or Muze may enforce its respective rights, collectively or separately, under this agreement against you, directly in each company's own name.

Gracenote uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow Gracenote to count queries without knowing anything about who you are. For more information, see the web page at www.gracenote.com for the Gracenote Privacy Policy.

THE GRACENOTE SOFTWARE, EACH ITEM OF GRACENOTE DATA AND THE MUZE CONTENT ARE LICENSED TO YOU “AS IS.” NEITHER GRACENOTE NOR MUZE MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS OR MUZE CONTENT. GRACENOTE AND MUZE COLLECTIVELY AND SEPARATELY RESERVE THE RIGHT TO DELETE DATA AND/OR CONTENT FROM THE COMPANIES’ RESPECTIVE SERVERS OR, IN THE CASE OF GRACENOTE, CHANGE DATA CATEGORIES FOR ANY CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS MADE THAT EITHER

MUZE CONTENT OR THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS ARE ERROR-FREE OR THAT THE FUNCTIONING OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS WILL BE UNINTERRUPTED. GRACENOTE IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCED OR ADDITIONAL DATA TYPES THAT GRACENOTE MAY CHOOSE TO PROVIDE IN THE FUTURE AND IS FREE TO DISCONTINUE ITS ONLINE SERVICES AT ANY TIME. GRACENOTE AND MUZE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. NEITHER GRACENOTE NOR MUZE WARRANTS THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE OR MUZE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES FOR ANY REASON WHATSOEVER. © Gracenote 2006

17.Open Source. Certain libraries are licensed to You under the terms of the GNU Lesser General Public License, Version 2.1 (“GNU LGPL”). Harman is not allowed to sub-license the GNU LGPL libraries to You as You are deemed to have Your own direct license from the original licensee. Harman does not modify these libraries in any way. Harman hereby offers to You, upon Your request and for the actual costs of materials and shipping, all source code and object code files for all GNU LGPL libraries contained in the Software.

18.GNU Lesser General Public License, Version 2.1, February 1999

Preamble: The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software – to make sure the software is free for all its users. This license, the Lesser General Public License, applies to some specially designated software packages – typically libraries – of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.

When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.

To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it. For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights. We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library. To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author’s reputation will not be affected by problems that might be introduced by others. Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license. Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs. When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library. We call this license the “Lesser” General Public License because it does Less to protect the user’s freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances. For example, on rare occasions, there may be a special need to encourage the widest possible use of a

42

Page 42
Image 42
Harman-Kardon DMC 1000 manual Gracenote Eula Gracenote and Muze Terms of Use