RCA M6204 Owner/User Manual - Page 14

7. WARRANTIES; SUPERIOR RIGHTS A. Ownership of Databases And Warranties. GET DIGITAL DATA represents and warrants that it is the rightful owner and curator of the databases and that it has compiled the Metadata therein. GET DIGITAL DATA does not represent or warrant that it is the rightful owner of any specific information in the Metadata and specifically disclaims ownership of any third-party copyrighted material in the databases, including any artwork or album summary information. B. Limited Warranty. GET DIGITAL DATA represents and warrants to END USER that access to the Metadata when properly enabled, will perform substantially as described in GET DIGITAL DATA's current documentation, found at: www.getdigitaldata.com . C. Limitations. Notwithstanding the warranty provisions set forth herein, all of GET DIGITAL DATA's obligations with respect to such warranties shall be contingent on END USER's use of the Metadata in accordance with this Agreement. D. END USER's Sole Remedy. GET DIGITAL DATA's entire liability and END USER's exclusive remedy for any breach of these warranties shall be, at GET DIGITAL DATA's option: (1) repair to enable access to the Metadata; provided GET DIGITAL DATA receives written notice from END USER during the warranty period of a breach of warranty. E. Disclaimer of Warranties. THE METADATA IS PROVIDED ON AN "AS IS" BASIS ONLY. OTHER THAN SPECIFIED HEREIN, ALL EXPRESS AND IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. GET DIGITAL DATA DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE METADATA WILL BE CORRECTED. NO AGENT OF GET DIGITAL DATA IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS AS SET FORTH HEREIN. F. Limitation of Liability. END USER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH GET DIGITAL DATA IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY GET DIGITAL DATA OF THE RISK OF END USER'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH END USER'S USE OF THE METADATA. ACCORDINGLY, END USER AGREES THAT GET DIGITAL DATA SHALL NOT BE RESPONSIBLE TO END USER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LICENSING OR USE OF THE METADATA. Any provision herein to the contrary notwithstanding, the maximum liability of GET DIGITAL DATA to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Metadata delivered to END USER hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to GET DIGITAL DATA by END USER for the License whose use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of GET DIGITAL DATA arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Metadata and any services rendered hereunder and that, were GET DIGITAL DATA to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher. 8. INDEMNIFICATION A. GET DIGITAL DATA shall indemnify, hold harmless and defend END USER against any action brought against END USER to the extent that such action is based on a claim that, the Metadata, when used in accordance with this Agreement, infringes the intellectual property rights of a third party and GET DIGITAL DATA shall pay all costs, settlements and damages finally awarded; provided, that END USER promptly notifies GET DIGITAL DATA in writing of any claim, gives GET DIGITAL DATA sole control of the defense and settlement thereof and provides all reasonable assistance in connection therewith. If any Metadata is finally adjudged to so infringe, or in GET DIGITAL DATA's opinion is likely to become the subject of such a claim, GET DIGITAL DATA shall, at its option, either: (1) procure for END USER the right to continue using the Metadata (2) modify or replace the Metadata to make it non-infringing, or (3) provide a partial refund. GET 13