RCA TH1814 Owner/User Manual - Page 10

purposes of this definition only, the term "control" means the possession of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of voting stock or partnership interest, by contract, or otherwise, including direct or indirect ownership of at least fifty percent (50%) of the voting interest in the entity in question. 11. CONSENT TO USE OF DATA You agree that Audiovox and its subsidiaries may collect and use technical and related information that does not personally identify you, including but not limited to offers opted into by you with Audiovox partners, technical information about your computer, system and application software, IP address and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the RCA easyRip Software and to verify compliance with the terms of this License. Audiovox may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. 2. GET DIGITAL DATA LLC EULA DATA SERVICES END USER LICENSE AGREEMENT PLEASE READ THIS AGREEMENT. This text is an important legal agreement between you "End User" (You, including Your company, if this Software will be used for the benefit of any corporation, partnership or any other legal entity), and Get Digital Data, LLC ("Get Digital Data") YOU MUST AGREE to these terms and conditions before downloading, copying, executing, logging in, installing, using, or in any way copying the Software, and being allowed access to Get Digital Data's databases to view and retrieve metadata, so please read carefully. WITNESSETH: WHEREAS, GET DIGITAL DATA is in the business of compiling and hosting certain databases that supply metadata for CDs; WHEREAS, END USER desires to be allowed access to Get Digital Data's databases to view and retrieve metadata; and WHEREAS, GET DIGITAL DATA desires to grant to END USER and END USER desires to obtain from GET DIGITAL DATA a non-exclusive license to be allowed access to such databases in accordance with the terms and on the conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the promises and agreements set forth herein, the parties, each intending to be legally bound hereby, do promise and agree as follows. 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 9