6
Appendix
76 Appendix
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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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| these restrictions. If your license terminates, you | |
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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 | ||
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| no circumstances will Gracenote become liable | |
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| for any payment to you for any information that | |
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| you provide. You agree that Gracenote, Inc. may | |
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| 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 | |||
Gracenote Servers are | |||
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 | |||
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 | |||
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 | |||
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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 | |||
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| OR INCIDENTAL DAMAGES OR FOR ANY LOST | |
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| PROFITS OR LOST REVENUES. | |
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| © Gracenote, Inc. 2009 |