Kaleidescape Part No. 101-0105-00 Rev 5
Page 147
Kaleidescape Premiere Line Installation Guide
Notices
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
2. IN NO EVENT SHALL INTEL HAVE ANY LIABILITY TO LICENSEE, ITS LICENSEES OR
ANY OTHER THIRD PARTY, FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS
AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND
IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE
FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
3. Licensee shall not export, either directly or indirectly, any of this software or
system incorporating such software without first obtaining any required license or
other approval from the U. S. Department of Commerce or any other agency or
department of the United States Government. In the event Licensee exports any
such software from the United States or re-exports any such software from a foreign
destination, Licensee shall ensure that the distribution and export/re-export of the
software is in compliance with all laws, regulations, orders, or other restrictions of
the U.S. Export Administration Regulations. Licensee agrees that neither it nor any
of its subsidiaries will export/re-export any technical data, process, software, or
service, directly or indirectly, to any country for which the United States government
or any agency thereof requires an export license, other governmental approval, or
letter of assurance, without first obtaining such license, approval or letter.
—
AMG Flow-Down License Terms (Terms of Use)
This application incorporates software and technology of All Media Guide, LLC
("AMG"). The AMG software and technology (collectively, the "AMG Technology")
allows End Users to access music-related data ("AMG Data") over the Internet and
otherwise from Kaleidescape's AMG Database (the "AMG Databases") located on
Kaleidescape's AMG Data Servers (the "AMG Servers") and to perform other
functions. You may access and use AMG Data only by means of the intended End
User functions of this application software.
You agree that you will use the AMG Data, the AMG Technology, and the AMG
Servers for your own non-commercial use only. You agree not to assign, copy,
transfer or transmit the AMG Data to any third party. You agree not to use or exploit
AMG data, the AMG Technology, the AMG Databases, or the AMG Servers, except as
expressly permitted herein.
You agree that your non-exclusive license to access the AMG Databases and to use
the AMG Data, the AMG Technology, and the AMG Servers will terminate if you
violate these restrictions. If your license terminates, you agree to cease any and all
use of the AMG Data, the AMG Technology, and the AMG Servers. AMG reserves all
rights in the AMG Data, the AMG Technology, and to the AMG Technology embodied
in the AMG Servers, including all ownership rights. You agree that AMG may enforce
its rights under this Agreement against you directly in its own name.
AMG reserves the right to delete data from the AMG Databases or to change data
categories for any cause that AMG deems sufficient. No warranty is made that the
AMG Technology or AMG Servers are error-free or that functioning of AMG
Technology or AMG Servers will be uninterrupted. AMG is not obligated to provide
you with any new enhanced or additional data types or categories that AMG may
choose to provide in the future and is free to discontinue its online services at any
time.
