enables the application to do online disc identification and obtain music-related information,
including name, artist, track, and title information ("Gracenote Data") from online servers
("Gracenote CDDB Servers") and to perform other functions. You may use Gracenote Data
only by means of the intended End User functions of the application software.
You agree that you will use Gracenote Data, the Gracenote CDDB Client, and Gracenote
CDDB Servers for your own personal non-commercial use only. You agree not to assign,
copy, transfer or transmit the Gracenote CDDB Client or any Gracenote Data to any third
party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE
CDDB CLIENT, OR GRACENOTE CDDB SERVERS, EXCEPT AS EXPRESSLY
PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote CDDB
Client, and Gracenote CDDB 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
CDDB Client, and Gracenote CDDB Servers. Gracenote reserves all rights in Gracenote
Data, the Gracenote CDDB Client, and the Gracenote CDDB Servers, including all ownership
rights. You agree that CDDB, Inc. may enforce its rights under this Agreement against you
directly in its own name.
The Gracenote CDDB Client 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 in the Gracenote CDDB Servers. Gracenote reserves the
right to delete data from the Gracenote CDDB Servers or to change data categories for any
cause that Gracenote deems sufficient. No warranty is made that the Gracenote CDDB Client
or Gracenote CDDB Servers are error-free or that functioning of Gracenote CDDB Client or
Gracenote CDDB Servers will be uninterrupted. Gracenote is not obligated to provide you
with any new enhanced or additional data types or categories that Gracenote may choose to
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 CDDB Client or any Gracenote
CDDB Server. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
TERMINATION
The license granted to you is effective until terminated. You may terminate it at any time by
returning the Software (including any portions or copies thereof) to Innoband. The license will
also terminate automatically without any notice from Innoband if you fail to comply with any
term or condition of this Agreement. You agree upon such termination to return the Software
(including any portions or copies thereof) to Innoband. Upon termination, Innoband may also
enforce any rights provided by law. The provisions of this Agreement that protect the
proprietary rights of Innoband will continue in force after termination.
NO WARRANTY
Innoband does not warrant that the functions contained in the Software will meet your
requirements or that the operation of the Software will be uninterrupted, error-free or free
from malicious code. For the purposes of this paragraph, "malicious code" means any
program code designed to contaminate other computer programs or computer data, consume
computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp
the normal operation of the computer, computer system, or computer network, including
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