41
6. Appendix
A1.
MPEG Layer 3 audio coding technology licensed from Fraunhofer IIS and THOMSON Multimedia.
The PDHercules Digital Recordable Jukebox comes preinstalled with a CD database system. It can
recognize the album titles, song names and artists. This system does not require the Jukebox to be
online to work. The database includes the most popular CDs information in the past 10 years, and can
be upgraded via CD Upgrade from time to time. Some CDs will not be supported although it is our
commitment to expand the database.
A2.
This product contains technology and data from Gracenote of Berkeley, California ("Gracenote"). The
technology from Gracenote (the "Gracenote Embedded Software") enables this product to do disc
identification and obtain music-related information, including name, artist, track, and title information
("Gracenote Data"), which is included on the Gracenote Database (the "Gracenote Database").
You agree that you will use Gracenote Data, the Gracenote Database, and Embedded Software for
your own personal non-commercial use only. You agree that you will access Gracenote Data only by
means of the standard end user functions and features of this product. You agree not to assign, copy,
transfer or transmit the Embedded Software or any Gracenote Data to any third party. YOU AGREE
NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE DATABASE, OR
GRACENOTE COMPONENT, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Database, and
Embedded Software 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 Database, and Gracenote
Embedded Software. Gracenote reserves all rights in the Gracenote Data, Gracenote Database, and
Gracenote Embedded Software, including all ownership rights. You agree that Gracenote may enforce
its rights under this Agreement against you directly in its own name.
The Embedded 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. Gracenote reserves the right to delete data or to change data categories in any Data updates
and for any cause that Gracenote deems sufficient. No warranty is made that the Embedded Software
is error-free or that functioning of the Embedded Software 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.
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 COMPONENT 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 is CDDB, Inc. d/b/a "Gracenote." CD and music-related data from Gracenote CDDB(r)
Music Recognition Service (c) 2000, 2001, 2002 Gracenote. Gracenote CDDB Client Software (c)
2000, 2001, 2002
Gracenote. U.S. Patents Numbers #5,987,525; #6,061,680; #6,154,773, an other patents issued or
pending.
CDDB is a registered trademark of Gracenote. The Gracenote logo and logotype, the Gracenote
CDDB logo and logotype, and the "Powered by Gracenote CDDB" logo are trademarks of Gracenote.
Music Recognition
Service and MRS are service marks of Gracenote.
