RCA TH1814 Owner/User Manual - Page 12

sole property of GET DIGITAL DATA and/or its suppliers. END USER shall not have any right, title, or interest to any such databases or the Metadata except as provided in this Agreement. H. Proprietary Notices. END USER agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, patent, confidentiality or other proprietary notice, mark, or legend appearing on any of the databases or Metadata generated by the databases and Metadata. END USER further agrees END USER shall obtain no rights in any of GET DIGITAL DATA'S trademarks, copyrighted material or other intellectual property, which shall remain the sole property of GET DIGITAL DATA, and all goodwill acquired through use of the trademarks shall inure to GET DIGITAL DATA. 6. CONFIDENTIALITY A. Acknowledgement. END USER hereby acknowledges and agrees that the Metadata constitutes and contains valuable proprietary products and trade secrets of GET DIGITAL DATA and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, END USER agrees to treat (and take precautions to ensure that its employees treat) the Metadata as confidential information in accordance with the confidentiality requirements and conditions set forth below. B. Maintenance of Confidential Information. END USER agrees to keep confidential all confidential information disclosed to it by GET DIGITAL DATA in accordance herewith at all times exercising at least a reasonable degree of care in the protection of confidential information; provided, however, that END USER shall not have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (1) have been known publicly; (2) have been known generally in the industry before communication by the disclosing party to the recipient; (3) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (4) have been known otherwise by the recipient before communication by the disclosing party; or (5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information. C. Injunctive Relief. END USER acknowledges that the unauthorized use, transfer or disclosure of the Metadata or copies thereof will: (1) substantially diminish the value to GET DIGITAL DATA of the trade secrets and other proprietary interests that are the subject of this Agreement; (2) render GET DIGITAL DATA's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time. If END USER breaches any of its obligations with respect to the use or confidentiality of the Metadata, GET DIGITAL DATA shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief. D. Survival. END USER's obligations under this Section will survive the termination of this Agreement or of any license granted under this Agreement for whatever reason. 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 11