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11
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
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