RCA TH1814 Owner/User Manual - Page 11

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 include any such submitted information as Metadata in GET DIGITAL DATA's databases and to make such information available to third parties who may access GET DIGITAL DATA's databases. END USER agrees to indemnify and hold harmless GET DIGITAL DATA from any and all claims, losses, liabilities, damages or expenses (including reasonable attorney fees) associated with claims, lawsuits and/or demands which are due to GET DIGITAL DATA's use of information submitted by END USER. E. Content and Accuracy. While GET DIGITAL DATA makes reasonable efforts to provide accurate information, END USER acknowledges and agrees that GET DIGITAL DATA is not responsible for examining or evaluating the content or accuracy of any third party materials or information contained in the Metadata. GET DIGITAL DATA does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third parties. GET DIGITAL DATA does not warrant that any Metadata it provides will be free from viruses, damaging source code or other destructive features. F. Changes to Databases. GET DIGITAL DATA reserves the right to make changes to the Metadata and its databases at any time and without notice. GET DIGITAL DATA reserves the right to interrupt access to the databases and the Metadata as necessary to perform maintenance, error correction, or other changes. GET DIGITAL DATA may, at its sole discretion and without prior notice, block future access to the Metadata if END USER violates this Agreement. G. END USER represents and agrees that END USER does not gain any ownership of the Metadata or the database under this Agreement. END USER acknowledges that the GET DIGITAL DATA's databases are the 10