| Appendix | 97 | |
Gracenote® End User | The Gracenote Software and each item of Gracenote |
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Data are licenced to you “AS IS.” Gracenote makes |
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Licence Agreement | no representations or warranties, express or implied, |
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regarding the accuracy of any Gracenote Data from |
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| in the Gracenote Servers. Gracenote reserves the |
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| right to delete data from the Gracenote Servers or to |
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| change data categories for any cause that Gracenote |
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This application or device contains software from | deems sufficient. No warranty is made that the |
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Gracenote Software or Gracenote Servers are error- |
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Gracenote, Inc. of Emeryville, California (“Gracenote”). |
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free or that functioning of Gracenote Software or |
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The software from Gracenote (the “Gracenote |
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Gracenote Servers will be uninterrupted. Gracenote |
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Software”) enables this application to perform disc |
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is not obligated to provide you with new enhanced |
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and/or fi le identifi cation and obtain |
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or additional data types or categories that Gracenote |
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information, including name, artist, track, and title |
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may provide in the future and is free to discontinue |
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information (“Gracenote Data”) from online servers |
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its services at any time. |
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or embedded databases (collectively, “Gracenote |
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GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS |
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Servers”) and to perform other functions. You may |
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use Gracenote Data only by means of the intended | OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, |
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IMPLIED WARRANTIES OF MERCHANTABILITY, |
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You agree that you will use Gracenote Data, the | FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND |
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Gracenote Software, and Gracenote Servers for |
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WARRANT THE RESULTS THAT WILL BE OBTAINED BY |
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your own personal |
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YOUR USE OF THE GRACENOTE SOFTWARE OR ANY |
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agree not to assign, copy, transfer or transmit the |
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GRACENOTE SERVER. IN NO CASE WILL GRACENOTE |
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Gracenote Software or any Gracenote Data to any |
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BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL |
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third party. YOU AGREE NOT TO USE OR EXPLOIT |
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DAMAGES OR FOR ANY LOST PROFITS OR LOST |
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GRACENOTE DATA, THE GRACENOTE SOFTWARE, |
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REVENUES. |
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OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY |
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© Gracenote, Inc. 2009 |
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PERMITTED HEREIN. |
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You agree that your |
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the Gracenote Data, the Gracenote Software, and |
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Gracenote Servers will terminate if you violate |
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| Appendix |
Servers. Gracenote reserves all rights in Gracenote |
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these restrictions. If your licence terminates, you |
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agree to cease any and all use of the Gracenote |
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Data, the Gracenote Software, and Gracenote |
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Data, the Gracenote Software, and the Gracenote |
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Servers, including all ownership rights. Under no |
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circumstances will Gracenote become liable for any |
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payment to you for any information that you provide. |
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You agree that Gracenote, Inc. may enforce its rights |
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| 7 |
under this Agreement against you directly in its own |
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name.
The Gracenote service uses a unique identifi er to track queries for statistical purposes. The purpose of a randomly assigned numeric identifi er is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.
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