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Appendix 75
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
Manufactured under license from Audyssey
Data, the Gracenote Software, and Gracenote
Laboratories. U.S. and foreign patents pending.
Servers. Gracenote reserves all rights in Gracenote
[Licensed Audyssey Trademark] is a [registered]
Data, the Gracenote Software, and the Gracenote
trademark of Audyssey Laboratories.
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.
Gracenote®, Gracenote logo and logotype,
and the “Powered by Gracenote” logo are
The Gracenote service uses a unique identifier to
either registered trademarks or trademarks of
track queries for statistical purposes. The purpose
Gracenote, Inc. in the United States and/or other
of a randomly assigned numeric identifier is to
countries.
allow the Gracenote service to count queries
without knowing anything about who you are.
Music recognition technology and related data
For more information, see the web page for the
are provided by Gracenote®.
Gracenote Privacy Policy for the Gracenote service.
Portions of the content is copyright © Gracenote
The Gracenote Software and each item of
or its providers.
Gracenote Data are licensed to you “AS IS.”
Gracenote® End User License Agreement
Gracenote makes no representations or warranties,
express or implied, regarding the accuracy of any
This application or device contains software from
Gracenote Data from in the Gracenote Servers.
Gracenote, Inc. of Emeryville, California
Gracenote reserves the right to delete data from
(“Gracenote”). The software from Gracenote (the
the Gracenote Servers or to change data categories
“Gracenote Software”) enables this application to
for any cause that Gracenote deems sufficient. No
perform disc and/or file identification and obtain
warranty is made that the Gracenote Software or
music-related information, including name, artist,
Gracenote Servers are error-free or that functioning
track, and title information (“Gracenote Data”) from
of Gracenote Software or Gracenote Servers will
online servers or embedded databases (collectively,
be uninterrupted. Gracenote is not obligated to
6
“Gracenote Servers”) and to perform other
Appendix
provide you with new enhanced or additional data
functions. You may use Gracenote Data only by
types or categories that Gracenote may provide in
means of the intended End-User functions of this
the future and is free to discontinue its services at
application or device.
any time.
You agree that you will use Gracenote Data, the
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS
Gracenote Software, and Gracenote Servers for
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
your own personal non-commercial use only. You
IMPLIED WARRANTIES OF MERCHANTABILITY,
agree not to assign, copy, transfer or transmit the
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
Gracenote Software or any Gracenote Data to any
NON-INFRINGEMENT. GRACENOTE DOES NOT
third party. YOU AGREE NOT TO USE OR EXPLOIT
WARRANT THE RESULTS THAT WILL BE OBTAINED
GRACENOTE DATA, THE GRACENOTE SOFTWARE,
BY YOUR USE OF THE GRACENOTE SOFTWARE
OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY
OR ANY GRACENOTE SERVER. IN NO CASE WILL
PERMITTED HEREIN.
GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES OR FOR ANY LOST
PROFITS OR LOST REVENUES.
© Gracenote, Inc. 2009
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