36

AND SPECIAL PROVISIONS PROVIDED BELOW AND/OR
OTHERWISE WITH THE SOFTWARE SHALL APPLY TO SUCH
SUPPLEMENTAL COMPONENTS. MS, Microsoft Corporation
or their subsidiaries reserve the right to discontinue any
Internet-based services provided to you or made available to
you through the use of the SOFTWARE.
End User Proof of License. If you acquired the SOFTWARE on
a DEVICE, or on a compact disc or other media, a genuine
Microsoft “Proof of License”/Certificate of Authenticity
label with a genuine copy of the SOFTWARE identifies a
licensed copy of the SOFTWARE. To be valid, the label must
be affixed to the DEVICE, or appear on Imerge Ltd’s software
packaging. If you receive the label separately other than
from Imerge Ltd., it is invalid. You should keep the label on
the DEVICE or packaging to prove that you are licensed to
use the SOFTWARE.
Product Support. Product support for the SOFTWARE is not
provided by MS, Microsoft Corporation, or their affiliates
or subsidiaries. For product support, please refer to Imerge
Ltd. support number provided in the documentation for
the DEVICE. Should you have any questions concerning
this EULA, or if you desire to contact Imerge Ltd. for any
other reason, please refer to the address provided in the
documentation for the DEVICE.
Termination. Without prejudice to any other rights, Imerge
Ltd. may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must
destroy all copies of the SOFTWARE and all of its component
parts.
EXPORT RESTRICTIONS. You acknowledge that SOFTWARE
is subject to U.S. and European Union export jurisdiction.
You agree to comply with all applicable international and
national laws that apply to the SOFTWARE, including the
U.S. Export Administration Regulations, as well as end-user,
end-use and destination restrictions issued by U.S. and other
governments. For additional information see http://www.
microsoft.com/exporting/.

Publisher’s end-user license agreement shall contain, at a

minimum, the following limitations:

(1) no title to, or ownership rights in the Publisher

Product or any portion of the Publisher Product are

transferred;

(2) the end-user shall not reverse compile or disassemble

the Publisher Product.

•
•
•
•
MACROMEDIA FLASH RUN-TIMEDISTRIBUTION LICENSEGRACENOTE END-USER LICENSE AGREEMENT

USE OF THIS PRODUCT IMPLIES ACCEPTANCE OF THE

TERMS BELOW.

Gracenote® MusicID® Terms of Use
This device contains software from Gracenote, Inc. of Emeryville,
California ("Gracenote"). The software from Gracenote (the
"Gracenote Software") enables this application to do online disc
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 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 Gracenote Software or any Gracenote
Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT
GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACE-
NOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
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 agree to cease any and all use of the Gracenote
Data, the Gracenote Software, and Gracenote Servers.
Gracenote reserves all rights in Gracenote Data, the Gracenote
Software, and the Gracenote 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.
The Gracenote MusicID Service uses a unique identifier to track
queries for statistical purposes. The purpose of a randomly
assigned numeric identifier is to allow the Gracenote MusicID
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 MusicID Service.
The Gracenote Software and each item of Gracenote Data are
licensed to you "AS IS." Gracenote makes no representations or
warranties, express or implied, regarding the accuracy of any
Gracenote Data from in the Gracenote Servers. Gracenote
reserves the right to delete data from the Gracenote Servers or
to change data categories for any cause that Gracenote deems
sufficient. No warranty is made that the Gracenote Software or
Gracenote Servers are error-free or that functioning of
Gracenote Software or Gracenote Servers will be uninterrupted.
Gracenote is not obligated to provide you with new enhanced
or additional data types or categories that Gracenote may
provide in the future and is free to discontinue its online
services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT
WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE
OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER.
IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSE-
QUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST
PROFITS OR LOST REVENUES.
© Gracenote 2006
Version 2.2