Rovi Flow-Down License Terms (Terms of Use)
-This application incorporates software and technology of Rovi Corporation (“Rovi”). The Rovi software and technology (collectively, the “Rovi Technology”) allows End Users to access music-related data (“Rovi Data”) over the Internet and otherwise from proprietary Rovi databases (the “Rovi Databases”) located on Rovi servers (the “Rovi Servers”) and to perform other functions. You may access and use Rovi Data only by means of the intended End User functions of this application software.
-You agree that you will use the Rovi Data, the Rovi Technology, and the Rovi Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Rovi Data to any third party. You agree not to use or exploit Rovi Data, the Rovi Technology, the Rovi Databases, or the Rovi Servers, except as expressly permitted herein.
-You agree that your non-exclusive License to access the Rovi Databases and to use the Rovi Data, the Rovi Technology, and the Rovi Servers will terminate if you violate these restrictions. If your License terminates, you agree to cease any and all use of the Rovi Data, the Rovi Technology, and the Rovi Servers. Rovi reserves all rights in Rovi Data, the Rovi Technology, and Rovi Servers, including all ownership rights. You agree that Rovi may enforce its rights under this Agreement against you directly in its own name.
-Rovi reserves the right to delete data from the Rovi Databases or to change data categories for any cause that Rovi deems sufficient. No warranty is made that the Rovi Technology or Rovi Servers are error-free or that functioning of Rovi Technology or Rovi Servers will be uninterrupted. Rovi is not obligated to provide you with any new enhanced or additional data types or categories that Rovi may choose to provide in the future and is free to discontinue its online services at any time.
-The data you submit to use will not be personal data or personally identifiable data, but rather only data respecting music albums and associated data that does not appear in the Rovi Lookup Database. You certify that to the best of its knowledge the album to which the submitted data corresponds is commercially available and that you End User are lawfully permitted to submit the data.
-To the extent that you, the End User, provide any information or original works of authorship to be added to Rovi Databases, you represent and warrant that you are the sole author of such work(s) and further hereby assign to Rovi all rights of copyright therein, including the right to register the copyright in such work(s) as part of the Rovi Database.
-THE ROVITECHNOLOGY AND EACH ITEM OF ROVI DATA ARE LicenseD TO YOU “AS IS.” ROVI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY ROVI DATA ON THE ROVI SERVERS. ROVI DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ROVI DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE ROVI TECHNOLOGY OR ANY ROVI SERVER. IN NO CASE WILL ROVI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES RESULTING FROM YOUR USE OF ROVI DATA, THE ROVI TECHNOLOGY OR OTHERWISE.
