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USER shall obtain no rights in any of GET DIGITAL DATA S trademarks, copyrighted material or other
intellectual property, which shall remain the sole property of GET DIGITAL DATA, and all goodwill acquired
through use of the trademarks shall inure to GET DIGITAL DATA.
6. CONFIDENTIALITY
A. Acknowledgement. END USER hereby acknowledges and agrees that the Metadata constitutes and
contains valuable proprietary products and trade secrets of GET DIGITAL DATA and/or its suppliers,
embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly,
END USER agrees to treat (and take precautions to ensure that its employees treat) the Metadata as
confidential information in accordance with the confidentiality requirements and conditions set forth below.
B. Maintenance of Confidential Information. END USER agrees to keep confidential all confidential
information disclosed to it by GET DIGITAL DATA in accordance herewith at all times exercising at least a
reasonable degree of care in the protection of confidential information; provided, however, that END USER
shall not have any such obligation with respect to use of disclosure to others not parties to this Agreement
of such confidential information as can be established to: (1) have been known publicly; (2) have been
known generally in the industry before communication by the disclosing party to the recipient; (3) have
become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing
party; (4) have been known otherwise by the recipient before communication by the disclosing party; or (5)
have been received by the recipient without any obligation of confidentiality from a source (other than the
disclosing party) lawfully having possession of such information.
C. Injunctive Relief. END USER acknowledges that the unauthorized use, transfer or disclosure of the
Metadata or copies thereof will: (1) substantially diminish the value to GET DIGITAL DATA of the trade secrets
and other proprietary interests that are the subject of this Agreement; (2) render GET DIGITAL DATA's remedy
at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short
period of time. If END USER breaches any of its obligations with respect to the use or confidentiality of the
Metadata, GET DIGITAL DATA shall be entitled to equitable relief to protect its interests therein, including,
but not limited to, preliminary and permanent injunctive relief.
D. Survival. END USER's obligations under this Section will survive the termination of this Agreement or of
any license granted under this Agreement for whatever reason.
7. WARRANTIES; SUPERIOR RIGHTS
A. Ownership of Databases And Warranties. GET DIGITAL DATA represents and warrants that it is the rightful
owner and curator of the databases and that it has compiled the Metadata therein. GET DIGITAL DATA does
not represent or warrant that it is the rightful owner of any specific information in the Metadata and
specifically disclaims ownership of any third-party copyrighted material in the databases, including any
artwork or album summary information.
B. Limited Warranty. GET DIGITAL DATA represents and warrants to END USER that access to the Metadata
when properly enabled, will perform substantially as described in GET DIGITAL DATA's current
documentation, found at: www.getdigitaldata.com .
C. Limitations. Notwithstanding the warranty provisions set forth herein, all of GET DIGITAL DATA's
obligations with respect to such warranties shall be contingent on END USER's use of the Metadata in
accordance with this Agreement.
D. END USER's Sole Remedy. GET DIGITAL DATA's entire liability and END USER's exclusive remedy for any
breach of these warranties shall be, at GET DIGITAL DATA's option: (1) repair to enable access to the
Metadata; provided GET DIGITAL DATA receives written notice from END USER during the warranty period of
a breach of warranty.
E. Disclaimer of Warranties. THE METADATA IS 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.
