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Appendix 63
track queries for statistical purposes. The purpose of
a randomly assigned numeric identifier 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
Gracenote®, Gracenote logo and logotype,
Privacy Policy for the Gracenote service.
and the “Powered by Gracenote” logo are
either registered trademarks or trademarks of
The Gracenote Software and each item of
Gracenote, Inc. in the United States and/or other
Gracenote Data are licensed to you “AS IS.”
countries.
Gracenote makes no representations or warranties,
express or implied, regarding the accuracy of any
Music recognition technology and related data
Gracenote Data from in the Gracenote Servers.
are provided by Gracenote®.
Gracenote reserves the right to delete data from
Portions of the content is copyright © Gracenote
the Gracenote Servers or to change data categories
or its providers.
for any cause that Gracenote deems sufficient. No
warranty is made that the Gracenote Software or
Gracenote® End User License Agreement
Gracenote Servers are error-free or that functioning
This application or device contains software
of Gracenote Software or Gracenote Servers will
from Gracenote, Inc. of Emeryville, California
be uninterrupted. Gracenote is not obligated to
(“Gracenote”). The software from Gracenote (the
provide you with new enhanced or additional data
“Gracenote Software”) enables this application to
types or categories that Gracenote may provide in
perform disc and/or file identification and obtain
the future and is free to discontinue its services at
music-related information, including name, artist,
any time.
track, and title information (“Gracenote Data”) from
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS
online servers or embedded databases (collectively,
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
“Gracenote Servers”) and to perform other
IMPLIED WARRANTIES OF MERCHANTABILITY,
functions. You may use Gracenote Data only by
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
means of the intended End-User functions of this
NON-INFRINGEMENT. GRACENOTE DOES NOT
application or device.
WARRANT THE RESULTS THAT WILL BE OBTAINED
You agree that you will use Gracenote Data, the
BY YOUR USE OF THE GRACENOTE SOFTWARE
Gracenote Software, and Gracenote Servers for
OR ANY GRACENOTE SERVER. IN NO CASE WILL
your own personal non-commercial use only. You
GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL
agree not to assign, copy, transfer or transmit the
OR INCIDENTAL DAMAGES OR FOR ANY LOST
Gracenote Software or any Gracenote Data to any
PROFITS OR LOST REVENUES.
6
Appendix
third party. YOU AGREE NOT TO USE OR EXPLOIT
© Gracenote, Inc. 2009
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 identifier to
...