6

Appendix

76 Appendix

 

 

You agree that your non-exclusive license to use

 

 

 

 

the Gracenote Data, the Gracenote Software, and

 

 

Gracenote Servers will terminate if you violate

 

 

these restrictions. If your license terminates, you

 

 

Manufactured under license from Audyssey

agree to cease any and all use of the Gracenote

Data, the Gracenote Software, and Gracenote

Laboratories. U.S. and foreign patents pending.

Servers. Gracenote reserves all rights in Gracenote

[Licensed Audyssey Trademark] is a [registered]

Data, the Gracenote Software, and the Gracenote

trademark of Audyssey Laboratories.

Servers, including all ownership rights. Under

 

 

no circumstances will Gracenote become liable

 

 

 

 

for any payment to you for any information that

 

 

you provide. You agree that Gracenote, Inc. may

 

enforce its rights under this Agreement against you

 

directly in its own name.

Gracenote®, Gracenote logo and logotype,

The Gracenote service uses a unique identifier to

and the “Powered by Gracenote” logo are

track queries for statistical purposes. The purpose

either registered trademarks or trademarks of

of a randomly assigned numeric identifier is to

Gracenote, Inc. in the United States and/or other

allow the Gracenote service to count queries

countries.

without knowing anything about who you are.

Music recognition technology and related data

For more information, see the web page for the

are provided by Gracenote®.

Gracenote Privacy Policy for the Gracenote service.

Portions of the content is copyright © Gracenote

The Gracenote Software and each item of

or its providers.

Gracenote Data are licensed to you “AS IS.”

Gracenote® End User License Agreement

Gracenote makes no representations or warranties,

express or implied, regarding the accuracy of any

This application or device contains software from

Gracenote Data from in the Gracenote Servers.

Gracenote, Inc. of Emeryville, California

Gracenote reserves the right to delete data from

(“Gracenote”). The software from Gracenote (the

the Gracenote Servers or to change data categories

“Gracenote Software”) enables this application to

for any cause that Gracenote deems sufficient. No

perform disc and/or file identification and obtain

warranty is made that the Gracenote Software or

music-related information, including name, artist,

Gracenote Servers are error-free or that functioning

track, and title information (“Gracenote Data”) from

of Gracenote Software or Gracenote Servers will

online servers or embedded databases (collectively,

be uninterrupted. Gracenote is not obligated to

“Gracenote Servers”) and to perform other

provide you with new enhanced or additional data

functions. You may use Gracenote Data only by

types or categories that Gracenote may provide in

means of the intended End-User functions of this

the future and is free to discontinue its services at

application or device.

any time.

You agree that you will use Gracenote Data, the

GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS

Gracenote Software, and Gracenote Servers for

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

your own personal non-commercial use only. You

IMPLIED WARRANTIES OF MERCHANTABILITY,

agree not to assign, copy, transfer or transmit the

FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

Gracenote Software or any Gracenote Data to any

NON-INFRINGEMENT. GRACENOTE DOES NOT

third party. YOU AGREE NOT TO USE OR EXPLOIT

WARRANT THE RESULTS THAT WILL BE OBTAINED

GRACENOTE DATA, THE GRACENOTE SOFTWARE,

BY YOUR USE OF THE GRACENOTE SOFTWARE

OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY

OR ANY GRACENOTE SERVER. IN NO CASE WILL

PERMITTED HEREIN.

GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL

 

 

 

 

OR INCIDENTAL DAMAGES OR FOR ANY LOST

 

 

PROFITS OR LOST REVENUES.

 

 

© Gracenote, Inc. 2009

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Sears BH9431PW Manufactured under license from Audyssey, Trademark of Audyssey Laboratories, Directly in its own name