Third party end user license agreements – Escient Vision VX User Manual

Page 22

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Escient Vision VX-600 Installation Guide

Version: M51003-06A1

22

Third Party End User License Agreements

Gracenote® 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 Soft-

ware”) enables this product to do disc identification and obtain music-related infor-

mation, 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 PAR-

TICULAR 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.

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