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USER GUIDE
Page
© Copyright Prism Media Products Ltd 2012
MS1-3D MediaServer / MediaPlayer
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 (the “AMG Technology”) allows End Users
to access music-related data (“AMG Data”) over the
Internet and otherwise from proprietary AMG databases
(the “AMG Databases”) located on AMG servers
(the “AMG Servers”) and to perform other functions
(collectively with the AMG Technology, AMG Data, AMG
Databases and AMG Servers, the “AMG Services”).
AMG grants you a limited, non-exclusive, non-
transferable, and non-sublicensable right and license
to access and use AMG Services only by means of the
intended End User functions of this application software.
You agree that you will use the AMG Services for your
own personal non-commercial use only. You agree not
to: (i) assign, copy, transfer or transmit the AMG Data
to any third party; (ii) use or exploit the AMG Services,
except as expressly permitted herein; (iii) decompile,
disassemble or reverse engineer the AMG Services or
any component thereof; (iii) remove any copyright,
trademark, trade names, logos or other intellectual
property notices in the AMG Services; or (vi) sell,
distribute, publish, disclose lease, license transfer or
otherwise use the AMG Services, or any portion thereof,
other than as expressly provided in these Terms of Use.
You agree that the license to use the AMG Services
granted herein will terminate if you violate these
restrictions. In addition, AMG may revoke or terminate
this license at any time in its sole discretion. If your
license terminates, you agree to cease any and all use of
the AMG Services. You agree to defend, indemnify and
hold harmless AMG and its affiliates from all liabilities,
claims and expenses, including attorneys’ fees arising
from your breach of these Terms of Use.
AMG reserves all rights in the AMG Services, including
all ownership rights. You acknowledge that as between
you and AMG, all right, title and ownership to the AMG
Services and components thereof remain the exclusive
property of AMG, and nothing herein will be deemed
to grant you any ownership rights in the AMG Services.
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,
without any obligation to you.
To the extent that you, the End User, provide any
information or original works of authorship to be added
to AMG Databases, you represent and warrant that you
are the sole author of such work(s) and further hereby
assign to AMG all rights of copyright therein, including
the right to register the copyright in such work(s) as part
of the AMG Database.
THE AMG SERVICES AND COMPONENTS THEREOF
ARE PROVIDED TO YOU “AS IS.” AMG MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE ACCURACY OF THE AMG
SERVICES INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AMG DOES NOT WARRANT, GUARANTEE OR MAKE
ANY REPRESENTATIONS REGARDING THE CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS OR THE RESULTS
THAT WILL BE OBTAINED BY YOUR USE OF THE AMG
SERVICES.
IN NO CASE WILL AMG OR ITS AFFILIATES BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL SPECIAL, PUNITIVE
OR OTHER DAMAGES INCLUDING WITHOUT
LIMITATION ANY LOST PROFITS OR LOST REVENUES OR
INTERRUPTION WITH BUSINESS UNDER ANY THEORY
OF LAW, INCLUDING CONTRACT, TORT, NEGLIGENCE,
INDEMNITY, STRICT LIABILITY, PRODUCT LIABILITY,
OR OTHERWISE ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF THE AMG SERVICES. IN NO
EVENT WILL AMG’S LIABILITY FOR DAMAGES WITH
RESPECT TO THE AMG SERVICES BE IN EXCESS OF TEN
DOLLARS REGARDLESS OF THE FORM OF THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
