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End-User License Agreement USE OF THIS PRODUCT IMPLIES ACCEPTANCE OF
THE TERMS BELOW.
This product contains technology and data from Gracenote of Emeryville, 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.
Rev 2.1
p118-p134_WAC5-Ger-2 9/14/2005, 15:13135