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07 Appendix
•Rovi Flow-Down Licence Terms (Terms of Use)
- This application incorporates software and technology of Rovi Corporation ("Rovi"). The Rovi software
and technology (collectively, the "Rovi Technology") allows End Users to access music-related data
("Rovi Data") over the Internet and otherwise from proprietary Rovi databases (the "Rovi Databases")
located on Rovi servers (the "Rovi Servers") and to perform other functions. You may access and use
Rovi Data only by means of the intended End User functions of this application software.
- You agree that you will use the Rovi Data, the Rovi Technology, and the Rovi Servers for your own
personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Rovi
Data to any third party. You agree not to use or exploit Rovi Data, the Rovi Technology, the Rovi
Databases, or the Rovi Servers, except as expressly permitted herein.
- You agree that your non-exclusive licence to access the Rovi Databases and to use the Rovi Data,
the Rovi Technology, and the Rovi Servers will terminate if you violate these restrictions. If your
licence terminates, you agree to cease any and all use of the Rovi Data, the Rovi Technology, and the
Rovi Servers. Rovi reserves all rights in Rovi Data, the Rovi Technology, and Rovi Servers, including
all ownership rights. You agree that Rovi may enforce its rights under this Agreement against you
directly in its own name.
- Rovi reserves the right to delete data from the Rovi Databases or to change data categories for any
cause that Rovi deems sufficient. No warranty is made that the Rovi Technology or Rovi Servers are
error-free or that functioning of Rovi Technology or Rovi Servers will be uninterrupted. Rovi is not
obligated to provide you with any new enhanced or additional data types or categories that Rovi may
choose to provide in the future and is free to discontinue its online services at any time.
- The data you submit to use will not be personal data or personally identifiable data, but rather
only data respecting music albums and associated data that does not appear in the Rovi Lookup
Database. You certify that to the best of its knowledge the album to which the submitted data
corresponds is commercially available and that you End User are lawfully permitted to submit the
data.
- To the extent that you, the End User, provide any information or original works of authorship to be
added to Rovi Databases, you represent and warrant that you are the sole author of such work(s)
and further hereby assign to Rovi all rights of copyright therein, including the right to register the
copyright in such work(s) as part of the Rovi Database.
- THE ROVITECHNOLOGY AND EACH ITEM OF ROVI DATA ARE LICENSED TO YOU "AS IS." ROVI
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
ACCURACY OF ANY ROVI DATA ON THE ROVI SERVERS. ROVI DISCLAIMS ALL WARRANTIES
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ROVI DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE
ROVI TECHNOLOGY OR ANY ROVI SERVER. IN NO CASE WILL ROVI BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY
LOST PROFITS OR LOST REVENUES RESULTING FROM YOUR USE OF ROVI DATA, THE ROVI
TECHNOLOGY OR OTHERWISE.
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