RCA M6204 Owner/User Manual - Page 12

1. DEFINITIONS A. "Metadata" means information and data related to CDs which GET DIGITAL DATA has stored into databases, including factual information such as titles, authors, and content identifying information and also including potentially copyrighted materials related to the CDs such as cover artwork and summary album information. B. "Designated Equipment" shall mean the hardware product purchased by the END USER which is software enabled to access GET DIGITAL DATA's Metadata databases. 2. LICENSE GRANT GET DIGITAL DATA hereby grants to END USER a non-exclusive right and license to use the Designated Equipment to access and retrieve Metadata from GET DIGITAL DATA's CD Databases. 3. DELIVERY Upon acceptance of this END USER LICENSE AGREEMENT, GET DIGITAL DATA shall authorize the Designated Equipment to access the Metadata. Conditional access to the Metadata does require the installation of appropriate software, provided by the manufacturer of the Designated Equipment. 4. LIMITATION ON COPIES AND ACCESS A. END USER may retrieve, copy and display Metadata solely for personal use, and shall not copy, collect, sub-license, re-sell or allow other use or access to Metadata for any third party or commercial use. B. END USER will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology that is part of the database. C. END USER will only access and retrieve Metadata for CDs for which END USER is an owner of a legal copy and END USER shall have obtained all necessary rights, licenses or clearances to make a backup digital copy of the audio-visual content. D. END USER agrees that he/she is age (13) thirteen or older. 6. LICENSE FEE In consideration of the license granted herein, END USER acknowledges that it paid a License Fee as part of the purchase price of the Designated Equipment. 5. DATABASES AND METADATA CONTENT A. Copyrighted Materials. GET DIGITAL DATA may provide access to certain Metadata which may include potentially copyrighted materials ("Copyrighted Materials") such as cover artwork and album summary information. Such access is provided "as is" as an accommodation only, and GET DIGITAL DATA does not warrant or endorse and does not assume and will not have any liability or responsibility for such Copyrighted Materials or END USER's use thereof. END USER may only access and use such Copyrighted Materials to the extent allowed by law in END USER's jurisdiction. END USER agrees that it will not use any such Copyrighted Materials in any manner that would infringe or violate this Agreement, any relevant law or the rights of any other party, and that GET DIGITAL DATA is not in any way responsible for any such use by END USER. B. Objectionable Material. END USER understands that the Metadata may contain content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified with warnings, for example "explicit language". END USER agrees to use the Metadata at its sole risk and GET DIGITAL DATA shall have no liability for content that may be found to be offensive, indecent, or objectionable. C. Adult Material. END USER understands that the Metadata may contain content that may be deemed adult material and governed by local or national standards and laws issued by a municipality, city, state, country, or other governmental entity. END USER agrees to release, discharge, and hold harmless GET DIGITAL DATA from any and all liability which might arise from END USER's or any third party's accessing, allowing access to and/or using any adult content in the Metadata. D. Submission of Material. GET DIGITAL DATA may enable END USER to submit information to potentially be included as Metadata in GET DIGITAL DATA'S databases. END USER agrees that any information submitted to GET DIGITAL DATA may be included or excluded from the databases at GET DIGITAL DATA's sole discretion. END USER hereby grants GET DIGITAL DATA a non-exclusive, perpetual license and permission to copy and 11