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Niles Audio DMS4 User Manual

Page 48

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48

the label on the DEVICE or packaging to prove that you are licensed

to use the SOFTWARE.
Product Support. Product support for the SOFTWARE is not provided

by MS, Microsoft Corporation, or their affiliates or subsidiaries.

For product support, please refer to Imerge Ltd. support number

provided in the documentation for the DEVICE. Should you have any

questions concerning this EULA, or if you desire to contact Imerge

Ltd. for any other reason, please refer to the address provided in the

documentation for the DEVICE.
Termination. Without prejudice to any other rights, Imerge Ltd.

may terminate this EULA if you fail to comply with the terms and

conditions of this EULA. In such event, you must destroy all copies of

the SOFTWARE and all of its component parts.
EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is

subject to U.S. and European Union export jurisdiction. You agree

to comply with all applicable international and national laws that

apply to the SOFTWARE, including the U.S. Export Administration

Regulations, as well as end-user, end-use and destination restrictions

issued by U.S. and other governments. For additional information

see http://www.microsoft.com/exporting/.

maCROmEdIa FlasH RuN-TImE

dIsTRIBuTION lICENsE

Publisher’s end-user license agreement shall contain, at a

minimum, the following limitations:
(1) no title to, or ownership rights in the Publisher Product or any

portion of the Publisher Product are transferred;

(2) the end-user shall not reverse compile or disassemble the

Publisher Product

TRadEmaRk INFORmaTION

All brand names, product names, and trademarks are the sole

property of their respective owners. Windows is a registered

trademark of Microsoft Corporation. Windows 95/98/Me/

XP and Windows NT/2000 are trademarks of Microsoft

Corporation.
iTunes is a trademark of Apple Computer, Inc. Windows Media

Player is a trademark of Microsoft Corporation

GRaCENOTE ENd-usER lICENsE

aGREEmENT

USE OF THIS PRODUCT IMPLIES ACCEPTANCE OF THE

TERMS BELOW.
Gracenote® MusicID® Terms of Use
This device contains software from Gracenote, Inc. of Emeryville,

California (“Gracenote”). The software from Gracenote (the

“Gracenote Software”) enables this application to do online disc

identification and obtain music-related information, including

name, artist, track, and title information (“Gracenote Data”)

from online servers (“Gracenote Servers”) and to perform other

functions. You may use Gracenote Data only by means of the

intended End-User functions of this device.
You agree that you will use Gracenote Data, the Gracenote

Software, and Gracenote Servers for your own personal non-

commercial use only. You agree not to assign, copy, transfer

or transmit the Gracenote Software or any Gracenote Data

to any third party. YOU AGREE NOT TO USE OR EXPLOIT

GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR

GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED

HEREIN.
You agree that your non-exclusive license to use the Gracenote

Data, the Gracenote Software, and Gracenote Servers will

terminate if you violate these restrictions. If your license

terminates, you agree to cease any and all use of the Gracenote

Data, the Gracenote Software, and Gracenote Servers.

Gracenote reserves all rights in Gracenote Data, the Gracenote

Software, and the Gracenote Servers, including all ownership

rights. Under no circumstances will Gracenote become liable

for any payment to you for any information that you provide.

You agree that Gracenote, Inc. may enforce its rights under this

Agreement against you directly in its own name.
The Gracenote MusicID Service uses a unique identifier to track

queries for statistical purposes. The purpose of a randomly

assigned numeric identifier is to allow the Gracenote MusicID

service to count queries without knowing anything about who

you are. For more information, see the web page for the

Gracenote Privacy Policy for the Gracenote MusicID Service.
The Gracenote Software and each item of Gracenote Data are

licensed to you “AS IS.” Gracenote makes no representations

or warranties, express or implied, regarding the accuracy of

any Gracenote Data from in the Gracenote Servers. Gracenote

reserves the right to delete data from the Gracenote Servers or

to change data categories for any cause that Gracenote deems

sufficient. No warranty is made that the Gracenote Software or

Gracenote Servers are error-free or that functioning of Gracenote

Software or Gracenote Servers will be uninterrupted. Gracenote

is not obligated to provide you with new enhanced or additional

data types or categories that Gracenote may provide in the

future and is free to discontinue its online services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

GRACENOTE DOES NOT WARRANT THE RESULTS THAT

WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE

SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE

WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL

OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR

LOST REVENUES.
© Gracenote 2006 Version 2.2