SOFTWARE LICENSE AGREEMENT FOR GMGP SOFTWARE.
PLEASE READ THIS END-USER SOFTWARE LICENSE AGREEMENT ("LICENSE
") CAREFULLY BEFORE USING THE GMGP SOFTWARE. THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR SINGLE ENTITY) AND GMGP, LLC, A DELAWARE LIMITED LIABILITY CORPORATION ("GMGP
"), FOR THE SOFTWARE OF GMGP, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS ONLINE OR ELECTRONIC DOCUMENTATION, AND INTERNET BASED-SERVICES (COLLECTIVELY, THE "GMGP SOFTWARE
"), BY INSTALLING, DOWNLOADING, OR OTHERWISE USING THE GMGP SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE GMGP SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE GMGP SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR GMGP SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
The GMGP Software includes computer software, and may include associated media, printed materials online or electronic documentation, internet based-services and fonts, and may be provided on disk, in read only memory, on any other media or in any other form. GMGP hereby grants you a personal, nonexclusive, royalty-free license to install and use the GMGP Software for your personal purposes. The GMGP Software is licensed, not sold, to you by GMGP, and GMGP reserves all rights not expressly granted to you. in this License. The GMGP Software is protected by copyright and other intellectual property laws and treaties. The rights granted herein are limited to GMGP's intellectual property rights and Third-Party Sources (as defined below) in the GMGP Software and do not include any other patents or intellectual property rights. You own the media on which the GMGP Software is recorded but GMGP and/or GMGP’s licensor(s) retain ownership of the GMGP Software itself. The terms of this License will govern any software upgrades provided by GMGP that replace and/or supplement the original GMGP Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Component Software.
The GMGP Software may include or run source code and other software developed by certain third parties (" Third Party Sources
"), including without limitation the following: Gracenote Music ID Software and Mozilla Foundation's Gecko. The software incorporated into the GMGP Software is owned by the Third Party Sources (the " Component Software
") and is expressly subject to the license terms and provisions applicable to such Component Software (" Third Party Licenses
"), including those licenses identified above. This License is expressly subject to and limited by the rights provided to GMGP pursuant to the Third Party Licenses.
THE COMPONENT SOFTWARE IS PROVIDED BY THE THIRD PARTY SOURCES, COPYRIGHT HOLDERS AND CONTRIBUTORS THEREOF "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL THE THIRD PARTY SOURCES, COPYRIGHT OWNERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE FO THE COMPONENT SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3. Permitted License Uses and Restrictions.
This License allows you to install and use the GMGP Software. When you upgrade to GMGP Gold by entering an activation code (obtained by purchasing GMGP Gold at http://www.gmgpllc.com or at a retail outlet), the activation is for use on a single computer. This license grants you the ability to transfer the activation once (1) time to a new computer. The GMGP Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the GMGP Software available over a network where it could be used by multiple computers at the same time. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the GMGP Software or any part thereof.
4. Consent to Use of Data.
You agree that GMGP and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, 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 GMGP Software and to verify compliance with the terms of this License. GMGP 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.
5. Content Management.
You acknowledge and agree that the modifications you make to your music information, including, but not limited to, song name, artist name, album name, genre/year of music, lyrics, identifying information, are done at your own risk. Any and all errors and inaccuracies contained in such modifications are in no way the fault or responsibility of GMGP.
6. Other Services.
This software enables access and may link to third party content, sites and other services (collectively and individually, "Services
"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that GMGP is not responsible for the contents of any third parties, any Services provided by third parties, or any changes or updates to such Services, and shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that GMGP does not guarantee their accuracy.
Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that GMGP is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. GMGP does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that GMGP is not in any way responsible for any such use by you.
You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by GMGP and/or Third Party Sources, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
GMGP and Third Party Sources reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will GMGP be liable for the removal of or disabling of access to any such Services. GMGP may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from GMGP if you fail to comply with any term(s) or conditions of this License. Upon the termination of this License, you shall cease all use of the GMGP Software and destroy all copies, full or partial, of the GMGP Software.
8. Limited Warranty.
GMGP warrants that for a period of (90 days from the earlier of the date of original retail purchase. or download of the GMGP Software that each unmodified copy of the GMGP Software will conform substantially to the user documentation associated therewith. GMGP's entire liability and your exclusive remedy with respect to this warranty shall be GMGP using commercially reasonable efforts to correct such non-conformities. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO (90) DAYS FROM THE EARLIER OF THE DATE OF ORIGINAL RETAIL PURCHASE OR DOWNLOAD. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
9. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GMGP SOFTWARE AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GMGP SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GMGP AND THIRD PARTY SOURCES (COLLECTIVELY REFERRED TO AS "GMGP" FOR THE PURPOSES OF SECTIONS 810 AND 911) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GMGP SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GMGP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GMGP SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE GMGP SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GMGP SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GMGP SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GMGP OR AN GMGP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GMGP SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT BY PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GMGP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF DATA, LOSS OF PRIVACY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GMGP SOFTWARE OR SERVICES, HOWEVER CAUSED, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF DEFAULT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GMGP OR OTHERWISE) AND EVEN IF GMGP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES I CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF GMGP UNDER ANY PROVISION OF THIS LICENSE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. Export Control.
You may not use or otherwise export or re-export the GMGP Software except as authorized by United States law and the laws of the jurisdiction in which the GMGP Software was obtained. You agree to comply with all applicable international and national laws that apply to the GMGP Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments.
12. Government End Users.
The GMGP Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. '2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. '12.212 or 48 C.F.R. '227.7202, as applicable. Consistent with 48 C.F.R. '12.212 or 48 C.F.R. '227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
13. Controlling Law, Jurisdiction and Severability.
This License will be governed by and construed in accordance with the laws of the State of Florida excluding its choice of law provision. You agree to bring and defend any actions related to this License exclusively in the state of federal courts located in Broward County, Florida. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
14. Injunctive relief.
To the extent that you have breached or have indicated your intention to breach this License in any manner which violates or may violate GMGP's intellectual property or other rights, or may cause continuing or irreparable harm to GMGP (including, but not limited to, any breach that may impact GMGP's intellectual property rights, or a breach by reverse engineering), GMGP may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
You agree to hold harmless, indemnify and defend GMGP, its officers, directors, employees and other agents, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the GMGP Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License.
16. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the GMGP Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use GMGP's online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by GMGP. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
SECTION II - THIRD PARTY SOFTWARE SERVICE TERMS & CONDITIONS
This application contains software from Gracenote, Inc. of Emeryville, California ("Gracenote"). The software from Gracenote:
A. This application or device contains software from Gracenote, Inc. of Emeryville, California ("Gracenote"). The software from Gracenote (the "Gracenote Software") enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers or embedded databases (collectively, "Gracenote Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.
B. 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.
C. 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.
E. 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 services at any time.
F. 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 2009 Miscellaneous Provisions. These TOS will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.
Updated as of May 9, 2018
Our "Services" include the Software on this website, the services provided thereon, and all related services, applications, components, programs, software, listings, directories, tools, updates, databases and information made available and utilized. References to "you" or "user" in this Agreement means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services.
I. What Information Do We Collect?
GMGP may collect information about you when you visit our Sites or use our Services, including the following:
II. How Do We Use This Information?
- Information you provide us. We collect the content, communications and other information you provide when you contact us, including your email address.
- Information we get from your use of our services. We collect information about the services that you use and how you use them. This information includes:
- Device Information
We collect device-specific information (such as your hardware model and operating system version).
- Log Information
When you use our Services or view content provided by GMGP, we automatically collect and store certain information in server logs. This includes:
- Internet protocol address ("IP Address")
- The type of browser you are using when using our Services, including your browser's "user agent" (e.g., Internet Explorer, Safari, and other browsers)
- Device event information such as crashes, system activity, hardware settings,
- Your geographic location
- The domain name of your Internet service provider
We are able to deliver, personalize, and improve our Services by combining and using the information that we have about you to understand how you use and interact with our Services. We also may use the information that we have about you for the following purposes:
III. How Do We Share This Information?
- Provide, maintain, improve, and develop relevant features, content, and Services.
- To communicate with you by responding to your requests, comments, and questions.
- Help advertisers and publishers connect to offer relevant advertising in their apps and websites.
- Create analytics and reports for internal purposes. These analytics and reports may include aggregate or anonymous information.
- Detect and defend against fraudulent, abusive, or unlawful activity.
We will not share the personal information we collect about you with any third party for their own marketing purposes without your consent. We do not sell, license or share information that individually identifies our users with companies, organizations or individuals outside of GMGP. We will share your information in the following ways:
Our suppliers, subcontractors, and business partners ("service providers"): We may share your data with our services providers who process your personal information to provide services to us or on our behalf. We have contracts with our service providers that prohibit them from sharing the information about you that they collect or that we provide to them with anyone else or using it for other purposes.
Companies within GMGP’s group of companies: We may share your information with our parent company and our affiliates, which are entities under common ownership or control of our ultimate parent company.
Fraud prevention: We may disclose the personal information we collect about our users when we believe disclosure is necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, our users, or others.
Law enforcement purposes and public safety: If requested or required by government authorities, such as law enforcement authorities, courts, or regulators, or otherwise to comply with the law, we may disclose any information we have about our users. We may disclose information collected about you in order to exercise or protect legal rights or defend against legal claims. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Sale or merger of our business: We may transfer your personal information to a third party if we or any of our affiliates are involved in a corporate restructuring (e.g., a sale, merger, or other transfer of assets).
V. How Long Do We Keep the Information?
We retain the information we collect about and from you for as long as necessary to fulfill a business purpose or comply with a legal request. We may also choose to anonymize certain information you provide to us so that it can no longer be attributed to you if we would like to retain it for longer periods of time.
VI. How Do We Protect Your Personal data?
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your personal data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the personal data we maintain about you is accurate and current. We are not responsible for protecting any personal data that we share with a third-party based on an account connection that you have authorized.
VII. Age Limitations.
The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including personal data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.
VIII. International Data Transfers
IX. Your Rights
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to your personal data, as well as to seek to update, delete or correct this information. If you wish to access, review, change, or delete personal data we have collected from you, please contact firstname.lastname@example.org. To the extent that GMGP’s processing of your Personal data is subject to the General Data Protection Regulation, GMGP relies on your consent to process your data.
X. More Information.
OpenCandy End User License Agreement (EULA)
Date of last revision: March 7, 2012
What We Do
- The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software.
How Our Recommendations Work
- As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed. - Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.
Recommended Third Party Software
- You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).
How We Use Your Data
DISCLAIMER; LIMITATION OF LIABILITY
- WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.
- These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.
Third Party Software Uninstallation
- We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.
If you have any feedback or questions, please email us at: email@example.com.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES (X86, IA64 AND X64), SERVICE PACK 1
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
- Internet-based services, and
- support services
For this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
- disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the software for others to copy;
- rent, lease or lend the software;
- transfer the software or this agreement to any third party; or
- use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to:
Anything related to the software, services, content (including code) on third party Internet sites, or third party programs;
Claims for breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.