64
USER GUIDE
Page
© Copyright Prism Media Products Ltd 2012
MS-3D MediaServer / MediaPlayer
GD3 END UsER AGREEMENT
This End User Agreement (this “Agreement”) provides
the Terms and Conditions pertaining to your access and
use of the Metadata, and all representations, warranties
and covenants made by you herein are for the benefit
of GD3 Data and Prism. Please read this Agreement
carefully before use. Your access or use of the software
confirms your agreement to each and every term and
condition of this Agreement.
1.
Definitions.
“Approved Product” means the [Imerge MS1-3D Media
Server], [Elan TGM-100] or [Xiva musicm8] hereto, which
is distributed or sold by [Prism] or [Elan] or its designee
or authorized representative, and which are capable of
retrieving Metadata from a Subscribed Database.
“End User” means any person who purchases or
otherwise acquires an Approved Product for use.
“GD3 Data” means GD3 Data LLC, or its successor or
affiliate which provides the Metadata.
“Prism” means Prism Media Products Ltd., which
manufactures the Approved Products.
“Metadata” means information and data related to CDs
and DVDs which GD3 Data has stored in a database,
including factual information such as titles, authors,
and content identifying information and also including
potentially copyrighted materials related to the CDs and
DVDs such as cover artwork and summary information.
“Submitted Metadata” means any Metadata submitted
by an End User or a dealer or distributor of Approved
Products.
“Submitter” means an End User, or a distributor or
dealer of Approved Products, who submits Metadata to
the Subscribed Databases.
“Subscribed Databases” means databases containing
Metadata which are hosted by GD3 Data.
2.
License. Access to the Subscribed Databases by
the End User is provided under the following conditions:
a.
The End User may retrieve, copy and display
Metadata for personal use, and shall not copy, collect,
sub-license or re-sell the Metadata for any third party or
commercial use.
b.
The End User will not attempt to, or encourage
or assist any other person to, circumvent or modify
any security technology that is part of the Subscribed
Databases.
c.
The End User will only access and retrieve
Metadata for CDs and/or DVDs for which the End User
is an owner of a legal copy and the End User shall have
obtained all necessary rights, licenses or clearances.
d.
The End User agrees to use the Subscribed
Databases at its sole risk, and GD3 Data and Prism shall
have no liability for content thereon that may be found
to be offensive, indecent, or objectionable.
e.
The End User agrees that GD3 Data and Prism
are not responsible for examining or evaluating the
content or accuracy of Submitted Metadata.
f.
The End User agrees that this Agreement shall
accompany the ownership of the Approved Product
and its provisions shall be binding on any successors in
ownership.
g.
The End User agrees that any violation of this
Agreement by the End User shall constitute a waiver of
any claims against GD3 Data or Prism under any theory
of liability.
3.
Copyrighted Materials. GD3 Data may provide
access to certain Metadata which may include potentially
copyrighted materials (“Copyrighted Materials”) such
as cover artwork and summary information. Such access
is provided “as is” as an accommodation only, and GD3
Data does not warrant or endorse and does not assume
and will not have any liability or responsibility for such
Copyrighted Materials or End User’s use thereof. End
User may only access and use such Copyrighted Materials
to the extent allowed by law in End User’s jurisdiction.
Such Copyrighted Materials are provided for personal,
noncommercial use only. End User agrees that it will not
use any such Copyrighted Materials in any manner that
would infringe or violate this Agreement, any relevant
law or the rights of any other party, and that GD3 Data is
not in any way responsible for any such use by End User.
4.
Objectionable Material. End User understands
that the Subscribed Databases may contain content that
may be deemed offensive, indecent, or objectionable,
which content may or may not be identified with
warnings, for example “explicit language”. End User
agrees to use the Metadata at its sole risk and neither
GD3 Data nor Prism shall have any liability for content
that may be found to be offensive, indecent, or
objectionable.
5.
Submission of Material. GD3 Data may
enable End Users to submit information to potentially
be included as Metadata in the Subscribed Databases
submitted by either using Approved Products or
independently. End User agrees that any information
submitted to GD3 Data may be included or excluded
from the Subscribed Databases at GD3 Data’s sole
discretion. End User hereby grants GD3 Data a non-
exclusive, perpetual license and permission to copy and
include any such submitted information as Metadata
in GD3 Data’s databases and to make such information
available to third parties who may access GD3 Data’s
databases. End User agrees to indemnify and hold
harmless GD3 Data from any and all claims, losses,
liabilities, damages or expenses (including reasonable
attorney fees) associated with claims, lawsuits and/or
demands which are due to GD3 Data’s use of information
submitted by End User.
6.
Content and Accuracy. While GD3 Data makes
reasonable efforts to provide accurate information, End
User acknowledges and agrees that GD3 Data is not
responsible for examining or evaluating the content
or accuracy of any third party materials or information
contained in the Metadata. GD3 Data does not warrant
or endorse and does not assume and will not have any
liability or responsibility for any third-party materials,
or for any other materials, products, or services of third
parties. GD3 Data does not warrant that the Subscribed
Databases or any Metadata will be free from viruses,
damaging source code or other destructive features.
7.
Ownership of Databases And Warranties.
GD3 Data represents and warrants that it is the rightful
owner of the Subscribed Databases and that it has
compiled the Metadata therein. End User represents
and agrees that End User does not gain any ownership
of the Metadata under this Agreement. GD3 Data does
not represent or warrant that it is the rightful owner
or licensee of any specific information in the Metadata
and specifically disclaims ownership of any third-party
copyrighted material in the Subscribed Databases,
including any artwork or summary information.
THE METADATA AND SUBSCRIBED DATABASES
ARE PROVIDED ON AN "AS IS" BASIS ONLY. OTHER
THAN SPECIFIED HEREIN, ALL EXPRESS AND IMPLIED
WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW
