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Appendix 75
Appendix
6
Gracenote®, Gracenote logo and logotype,
and the “Powered by Gracenote” logo are
either registered trademarks or trademarks of
Gracenote, Inc. in the United States and/or other
countries.
Music recognition technology and related data
are provided by Gracenote®.
Portions of the content is copyright © Gracenote
or its providers.
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 le identication 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 identier to
track queries for statistical purposes. The purpose of
a randomly assigned numeric identier 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 sucient. 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