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Appendix
Appendix
7
Gracenote® End User
License Agreement
This application or device contains software from
Gracenote, Inc. of Emeryville, California (“Gracenote”).
The software from Gracenote (the “Gracenote
Software”) enables this application to perform disc
and/or fi le identifi cation and obtain music-related
information, including name, artist, track, and title
information (“Gracenote Data”) from online servers
or embedded databases (collectively, “Gracenote
Servers”) and to perform other functions. You may
use Gracenote Data only by means of the intended
End-User functions of this application or 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 GRACENOTE 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 service uses a unique identifi er to
track queries for statistical purposes. The purpose of
a randomly assigned numeric identifi er is to allow
the Gracenote 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 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 suffi
cient. 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 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 CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR FOR ANY LOST PROFITS OR LOST
REVENUES.
© Gracenote, Inc. 2009
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