12
In consideration of the license granted herein, END USER acknowledges that it paid a License Fee as part of
the purchase price of the Designated Equipment.
5. DATABASES AND METADATA CONTENT
A. Copyrighted Materials. GET DIGITAL DATA may provide access to certain Metadata which may include
potentially copyrighted materials ("Copyrighted Materials") such as cover artwork and album summary
information. Such access is provided "as is" as an accommodation only, and GET DIGITAL DATA does not
warrant or endorse and does not assume and will not have any liability or responsibility for such
Copyrighted Materials or END USER s use thereof. END USER may only access and use such Copyrighted
Materials to the extent allowed by law in END USER s jurisdiction. END USER agrees that it will not use any
such Copyrighted Materials in any manner that would infringe or violate this Agreement, any relevant law or
the rights of any other party, and that GET DIGITAL DATA is not in any way responsible for any such use by
END USER.
B. Objectionable Material. END USER understands that the Metadata may contain content that may be
deemed offensive, indecent, or objectionable, which content may or may not be identified with warnings,
for example "explicit language". END USER agrees to use the Metadata at its sole risk and GET DIGITAL DATA
shall have no liability for content that may be found to be offensive, indecent, or objectionable.
C. Adult Material. END USER understands that the Metadata may contain content that may be deemed
adult material and governed by local or national standards and laws issued by a municipality, city, state,
country, or other governmental entity. END USER agrees to release, discharge, and hold harmless GET
DIGITAL DATA from any and all liability which might arise from END USER s or any third party s accessing,
allowing access to and/or using any adult content in the Metadata.
D. Submission of Material. GET DIGITAL DATA may enable END USER to submit information to potentially be
included as Metadata in GET DIGITAL DATA S databases. END USER agrees that any information submitted to
GET DIGITAL DATA may be included or excluded from the databases at GET DIGITAL DATA s sole discretion.
END USER hereby grants GET DIGITAL DATA a non-exclusive, perpetual license and permission to copy and
include any such submitted information as Metadata in GET DIGITAL DATA s databases and to make such
information available to third parties who may access GET DIGITAL DATA s databases. END USER agrees to
indemnify and hold harmless GET DIGITAL DATA from any and all claims, losses, liabilities, damages or
expenses (including reasonable attorney fees) associated with claims, lawsuits and/or demands which are
due to GET DIGITAL DATA s use of information submitted by END USER.
E. Content and Accuracy. While GET DIGITAL DATA makes reasonable efforts to provide accurate
information, END USER acknowledges and agrees that GET DIGITAL DATA is not responsible for examining or
evaluating the content or accuracy of any third party materials or information contained in the Metadata.
GET DIGITAL DATA does not warrant or endorse and does not assume and will not have any liability or
responsibility for any third-party materials, or for any other materials, products, or services of third parties.
GET DIGITAL DATA does not warrant that any Metadata it provides will be free from viruses, damaging source
code or other destructive features.
F. Changes to Databases. GET DIGITAL DATA reserves the right to make changes to the Metadata and its
databases at any time and without notice. GET DIGITAL DATA reserves the right to interrupt access to the
databases and the Metadata as necessary to perform maintenance, error correction, or other changes. GET
DIGITAL DATA may, at its sole discretion and without prior notice, block future access to the Metadata if END
USER violates this Agreement.
G. END USER represents and agrees that END USER does not gain any ownership of the Metadata or the
database under this Agreement. END USER acknowledges that the GET DIGITAL DATA s databases are the
sole property of GET DIGITAL DATA and/or its suppliers. END USER shall not have any right, title, or interest to
any such databases or the Metadata except as provided in this Agreement.
H. Proprietary Notices. END USER agrees to respect and not to remove, obliterate, or cancel from view any
copyright, trademark, patent, confidentiality or other proprietary notice, mark, or legend appearing on any
of the databases or Metadata generated by the databases and Metadata. END USER further agrees END
