Software-Specific Terms: CorelDRAW, Painter, Photo Video Bundle, WordPerfect, CorelDRAW Go, CorelDRAW Web, Corel PDF Fusion, VideoStudio, WinDVD, Corel MultiCam, Roxio Products

1. APPLICATION

The Specific Terms in this document apply to any version of the Software listed below that We make available under these brand names, on any platform or any operating systems. These terms form an integral part of the EULA and must be read in conjunction with the General Terms. They supplement the General Terms and govern in the event of any conflict. Capitalized terms not defined in these Specific Terms have the meaning given in the General Terms of the EULA.

CorelDRAW Graphics Suite / CorelDRAW Essentials / CorelDRAW Standard / CorelCAD / CorelDRAW Technical Suite
Painter / Painter Essentials / Particle Shop / PaintShop Pro / PaintShop Pro Ultimate/ AfterShot Pro
Photo Mirage / Photo Video Bundle / Photo Brush Bundle
Word Perfect Office Standard /WordPerfect Professional /WordPerfect Home and Student
Corel Vector
CorelDRAW Go, CorelDRAW Web
PDF Fusion / PDF Document Writer
DVD Copy Plus / DVD Movie Factory Pro
VideoStudio / Motion Studio 3D / Pinnacle Studio
WinDVD / DVD Xpack / DVD+AVCHD Xpack / Ultimate Xpack
Corel MultiCam / Corel MultiCam Capture (XL)
Roxio Creator / Roxio Toast / Roxio Easy CD & DVD Burning 2 / Easy Video Copy & Convert / Roxio VHS to DVD Plus / Roxio LP to MP3

2. LICENSE RIGHTS

Subject to Your acceptance of and compliance with the terms of the EULA and payment of the applicable fees for each license according to the License Metrics specified below, We hereby grant You a limited, non-exclusive, non-sublicensable, non-transferable (except as set forth under the General Terms), revocable right to use the Software on Supported Environments as described in the Documentation for the term of Your Perpetual License or Subscription License in accordance with the General and Specific Terms of the EULA solely for Your private, personal, individual work-related and non-commercial purposes.

For the purposes of the foregoing grant, "Supported Environments" mean the environments supported by Us for the Software, currently set forth in the Documentation accompanying the Software and/or as further set out in the product section for each Software listed under these Specific Terms on the following site www.corel.com or any successor site.

Under the foregoing grant, You receive a usage right (license) to the Software, but You do not own the Software itself. The Software may include digital images, stock photographs, clip art, fonts, sounds or other works protected by copyright ("Stock Files"). The responsibilities and restrictions relating to the Software apply equally to the Stock Files. We reserve all rights not expressly granted to You in the EULA.

3. LICENSING METRICS FOR CORELDRAW GRAPHICS SUITE, CORELDRAW ESSENTIALS, CORELDRAW STANDARD, CORELDRAW TECHNICAL SUITE, CORELDRAW GO, CORELDRAW WEB, AFTERSHOT, CORELCAD, PARTICLESHOP, PAINTER PRO, PAINTER ESSENTIALS, PAINTER, PAINTSHOP PRO, AND WORDPERFECT OFFICE

Subject to the restrictions set out under the EULA, a Subscription or Perpetual License for the above-mentioned Software allows You to download, install and/or use one original copy of the Software on up to two computing devices or electronic equipment ("Devices") which are under Your control and in Your possession.

You may not re-install the Software on a third Device unless: (a) an original Device fails and (b) the Software is completely deleted from an original Device. If authorization codes are required, You may need to contact Our customer service and request approval to re-install the Software on a new Device and prove to Us that You deinstalled the Software from the failed original Device. Notwithstanding Your right to download and install the Software on two Devices, You may only use the Software on one Device at a time. You are also not eligible to download, install and/or use any applicable Software on a second Device if You: (a) are a resident of Cambodia, China, India, Indonesia, Hong Kong, South Korea, Malaysia, the Philippines, Singapore, Taiwan, Thailand, or Vietnam, or (b) have obtained a license to use a on a not-for-resale version of the Software.

4. COREL VECTOR, CORELDRAW GO, AND CORELDRAW WEB

The foregoing provision under the License Metrics section does not apply to Corel Vector branded Software, CorelDRAW Go branded Software, or CorelDRAW Web branded Software. You may access and use the Cloud Computing Features for Corel Vector SaaS, CorelDRAW Go, and/or CorelDRAW Web simultaneously on up to three Devices using a Subscription License only. To use Your Subscription or Perpetual License, You must register Your Account with Us in accordance with the General Terms of the EULA.

For the purposes of these provisions, the following terms have the meanings set forth below:

"Cloud Computing Features" means our virtualized pool of resources, functionalities, operating features, storage, databases, networking, software, analytics, and intelligence deliverable over the internet for the provision of Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS;
"Corel Vector SaaS" means the access to and use of Corel Vector branded Software and its Documentation as hosted by Us and provided as a software-as-a-service offering via the cloud internet;
“CorelDRAW Go SaaS” means the access to and use of CorelDRAW Go branded Software and its Documentation as hosted by Us and provided as a software-as-a-service offering via the cloud internet; and
“CorelDRAW Web SaaS” means the access to and use of CorelDRAW Web branded Software and its Documentation as hosted by Us and provided as a software-as-a-service offering via the cloud internet.

Your use of Corel Vector SaaS, CorelDRAW Go SaaS, or CorelDRAW Web SaaS shall be subject to the following restrictions and limitations (in addition to and not in lieu of the additional restrictions and limitations set out under the EULA as applicable). You agree not to:

use the Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS in a way that violates any applicable laws or regulations;
distribute viruses or other harmful or malicious computer code via the Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS;
engage in any conduct that disrupts or impedes the Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS;
engage in "screen scraping", "database scraping", "data mining", or any other activity with the purpose of obtaining lists of users or other information from the Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS or that uses web "bots" or similar data gathering or extraction methods; or
use the Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS for purposes for which it is not designed/intended, e.g. sending unsolicited advertisements (SPAM).

We can suspend Your access to Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS if, in Our sole discretion, We believe:

there is risk to the security or privacy of Your Account (or to the security or privacy of another customer's account);
there is a threat to the security or integrity of Our network or Corel Vector SaaS, CorelDRAW Go SaaS, and/or CorelDRAW Web SaaS; or
that such a suspension is needed to protect the rights, property, or safety of Corel, its users, or the public or is required by law.

5. LICENSING METRICS FOR PHOTO MIRAGE, PHOTO VIDEO BUNDLE, PHOTO BRUSH BUNDEL, PDF FUSION, PDF DOCUMENT WRITER, DVD COPY PLUS, DVD MOVIE FACTORY PRO, VIDEOSTUDIO, MOTION STUDIO 3D, PINNACLE, WINDVD, DVD XPACK, DVD+AVCHD XPACK, ULTIMATE XPACK, COREL MULTICAM / COREL MULTICAM CAPTURE (XL), ROXIO CREATOR, ROXIO TOAST, ROXIO EASY CD & DVD BURNING 2, EASY VIDEO COPY & CONVERT, ROXIO VHS TO DVD PLUS AND ROXIO LP TO MP3

You may not re-install the Software on a second Device unless: (a) the original Device fails, and (b) the Software is completely deleted from the original Device. If authorization codes are required, You may need to contact Our customer service and request approval to re-install the Software on a new Device and prove to Us that You deinstalled the Software from the failed original Device.

6. ACADEMIC VERSION

If You have a license to use a version of the Software that is labelled as an academic, home, home and student, student and teacher or education edition in the accompanying Documentation ("Academic Version"), in the packaging and/or in the purchase or download page of the Website and You qualify as an academic end user, You may install and download one copy of the Software on one Device solely for educational or exclusively private purposes and for no other purpose. Academic Versions of the Software may not be used for commercial, professional, or other for-profit purposes. You are not entitled to use an Academic Version of the Software unless You are faculty, staff member or degree, diploma, or certificate-seeking student at qualified educational institutions. Contact Us via Our Academic Software web page (www.corel.com/education/) or Your local reseller to determine whether You qualify as an academic end user and to learn more about Our academic programs and products. Work product and other data created with Academic Versions of the Software may contain certain notices and limitations that make the data unusable outside the educational use area. If You combine or link data created with educational institutional versions, student versions or personal learning editions of the Software with data otherwise created, then that data may also be affected by these notices and limitations.

7. OEM VERSION

If You are not an EEA User and have obtained an OEM License to use a version of the Software that is Bundled with a third-party OEM’s device ("OEM Version"), then You may not install, re-install or use that OEM Version on any Device other than the OEM device. Notwithstanding anything to the contrary in the General Terms of the EULA or in these Specific Terms, if You are only using an OEM Version, then: (a) You shall not be entitled to any updates, upgrades or support services, and (b) Your use of that OEM Version is tied to the OEM product and expires when the OEM product ceases to work.

If You decide to sell Your OEM Version at any time, then You may only do so in accordance with the assignment and transfer provision under the General Terms.

If You are an EEA User who bought a Bundle then You may only install, re-install or use the OEM Version on a Device other than the OEM device after de-bundling, uninstalling and completely removing that OEM Version from the OEM device. If You are an EEA User who bought an OEM Version as a standalone product separately from the OEM device in accordance with the assignment and transfer provision of the General Terms, then notwithstanding anything to the contrary in this section You may install and use that OEM Version on no more than one Device.

8. LICENSE RESTRICTIONS

The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not bundle, integrate or combine the Software or any Software executable (E.G., .EXE, .MSI, .ISO or .DMG or similar executable now known or later developed) with any third-party software add-on or offer except pursuant to a separate express, written, fully executed agreement with Us.

The EULA does not allow installation of the Software on any hardware partition, blade, or terminal server or within any internal network or virtual private network for establishing, maintaining and managing connections with and between Your device, or any remote or cloud server (collectively "Virtualization Environment"). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with Us to obtain the right to use the Software for a Virtualization Environment, network connections, or volume purchases. You agree that if the Software requires mandatory registration, activation, or email validation, You will complete the process providing Us with accurate information. You will not be able to use the Software until You complete such activation and/or registration process.

You may have up to five Licenses for the Software. If You are an Entity that is acquiring, or allowing the acquiring of, such Licenses for use of the Software on or through Your Assets, then the foregoing limitation of number of Licenses would apply throughout Your organization. If You need to use more than five Licenses, then You must purchase a License for the business edition of the Software, where available, under the terms of the BULA. The foregoing limitation of the number of Licenses You may acquire for Software does not apply to Software for which We do not have a business edition. For the purposes of this foregoing provision the term "License" shall mean a Subscription License and/or Perpetual License.

If You are an Entity that is acquiring, or allowing the acquiring of Perpetual Licenses or OEM Licenses for use of the Software on or through Your Assets, and want to use, or are allowing the use of, different (downgraded or upgraded) versions of such Software on or through Your Assets, then You must purchase: (a) a Subscription License for the business edition of the Software, where available, under the terms of the BULA, and/or (b) a Perpetual License for the business edition of the Software, where available, under the terms of the BULA along with maintenance and support services for such Software in accordance with Our terms for providing such services. Without such purchase You cannot use, and must not allow the use of, any different versions of the Software (other than the version associated with the Perpetual License and/or OEM License) on or through any of Your Assets.

9. ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED OUTSIDE OF THE EUROPEAN ECONOMIC AREA

If You are located in a state outside the EEA and You want to purchase a license to use the Software, You must lawfully acquire the Software from Our authorized resellers or from Our authorized store, eStore, or website located in the country where You want to use the Software. Otherwise, You do not have the right to use the Software.

If You are located in Cambodia, China, India, Indonesia, Hong Kong, South Korea, Malaysia, the Philippines, Singapore, Taiwan, Thailand, or Vietnam, You may only purchase the Software from Our authorized store, eStore, or a website that is listed on Our then current list of authorized resellers, which can be found here:

India - https://www.corelindia.co.in/channel-partners_corel

China - https://www.coreldraw.com/cn/resellers/?topNav=cn

All others - https://www.corel.com/en/partner-locator/

10. ADDITIONAL TERMS APPLICABLE TO USERS OF WORDPERFECT OFFICE

You acknowledge this product may incorporate intellectual property owned by Microsoft Corporation. The terms and conditions upon which Microsoft licenses its intellectual property can be obtained by contacting Microsoft Corporation.

11. ADDITIONAL TERMS APPLICABLE TO USERS OF CLIPART, STOCK PHOTO IMAGES, VIDEO CONTENT, AUDIO CLIPS, FONTS AND SAMPLE CONTENT

Our Software may contain or provide access to clipart, photo images, video content, audio clips (collectively referred to as the "Images or Clips"), software data files that render typeface designs when used in conjunction with appropriate hardware and software (for example only, without limitation,.ttf or .otf files) referred to as "Font Software", and the graphic rendering generated by the Font Software (referred to as "Font Output"), and sample content such as forms, templates, "tubes", "creatures" or similar items (collectively referred to as the "Sample Content") that are (i) owned by Us; (ii) open source technology; and/or (iii) licensed from a third-party. Except as required below or as specified with the applicable content, as a user of Our Software You are free to use, modify and publish the Images or Clips, Font Output or Sample Content only as follows: You may (i) incorporate any Images or Clips, Font Output or Sample Content into Your own original work and publish, display and distribute Your work in any media, provided You include a copyright notice in Your work reflecting the copyright ownership of both You and Us as follows: "Copyright (c) 20___ [Your name], Corel Corporation and its licensors. All rights reserved."; and (ii) make one (1) copy of the Images or Clips, Font Software, or Sample Content for backup or archival purposes. YOU MAY NOT (i) resell, sublicense or otherwise make available the Images or Clips, or Font Software for use or distribution separately or detached from a product or web page. For example, the Images or Clips or Font Output may be used by You as part of a web page design, but not be made available for downloading separately (use of the Font Software as a web font, utilizing the CSS3@font-face specification or similar is specifically prohibited) or in a format designed or intended for permanent storage or re-use by others; (ii) provide the Images or Clips or Font Software to third parties or permit the use of the Images or Clips or Font Software or Font Output by third parties separately or as part of any other product, provided, however, that third parties may be provided with copies of the Images or Clips or Font Output (including in digital files) as part of a work product; (iii) use the Images or Clips, Font Software, Font Output, or Sample Content for any other purpose which is prohibited by law; (iv) use any of the Images or Clips which contain identifiable individuals or entities for any commercial purpose including, without limitation, in a manner which suggests their association with or endorsement of any product or service; (v) rent, lease, sublicense or lend the Images or Clips or Font Software or Font Output, or any copies thereof, to another person or legal entity; (vi) modify the Font Software in any way; or (vii) use any Images or Clips, Font Software or Font Output or Sample Content except as expressly permitted by the EULA.

Notwithstanding anything to the contrary contained herein any open source Font Software may be used and/or re-distributed in accordance with the applicable open source license(s).

12. ADDITIONAL TERMS APPLICABLE TO USERS OF WINDVD, ROXIO CREATOR AND VIDEOSTUDIO

You acknowledge that use of the Software in any manner that complies with the MPEG-2 or MPEG-4 standard is expressly prohibited without a license under applicable patents in the MPEG-2 patent portfolio or MPEG-4 patent portfolio, as applicable, which license is available from MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx), 6312 S. Fiddlers Green Circle, Suite 400E, Greenwood Village, Colorado, 80111, USA. You acknowledge that the Software may be licensed under the VC-1 patent portfolio license for the personal and non-commercial use of a consumer to (1) encode video in compliance with the VC-1 standard ("VC-1 video") and/or (2) decode VC-1 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide VC-1 video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx). You acknowledge that the Software may be licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (a) encode video in compliance with the AVC standard ("AVC video") and/or (b) decode AVC video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx). You agree that the Software may be licensed under the MP3 license. Supply of the Software does not convey a license or imply any right to distribute MP3-encoded or MP3PRO-encoded data in revenue-generating broadcast systems, streaming applications, other content distribution systems, or on physical media. An independent license for such use is required. Additional information may be obtained from the MP3 licensing website (http://mp3licensing.com). If You have purchased the Software as a retail standalone product, We have paid the royalties for the above licenses.

13. ADDITIONAL TERMS APPLICABLE TO ROXIO CREATOR

This Software MAY contain certain third-party materials and technology, and the use of the Software is therefore subject to the following additional notices, limitations, requirements, restrictions, disclaimers and liability limitations, as applicable:

(a) MP3 and MP3Pro Codecs. If the Software contains MP3 or MP3Pro codecs or technology, supply of the Software does not convey a license nor imply any right to distribute content created with the Software in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other networks), streaming applications (via Internet, intranets, and/or other networks) other content distributions systems (pay-audio or audio-on demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use may be required. For details, please visit http://mp3licensing.com.

(b) Windows Media Format SDK. Content providers may be using the Microsoft digital rights management technology for Windows Media distributed with the Software ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of the Software and other third-party applications may use WM-DRM to play Secure Content ("WM-DRM Software"). If the WM-DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to Your computer whenever You download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto Your computer on behalf of Secure Content Owners. Secure Content Owners may also require You to upgrade some of the WM-DRM components distributed with the Software ("WM-DRM Upgrades") before accessing their content. When You attempt to play such content, WM-DRM Software built by Microsoft will notify You that a WM-DRM Upgrade is required and then ask for Your consent before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do the same. If You decline the upgrade, You will not be able to access content that requires the WM-DRM Upgrade; however, You will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off. When these features are switched off, You will still be able to play Secure Content if You have a valid license for such content already stored on Your computer.

(c) MPEG-2. The Software may be licensed under the MPEG-2 patent portfolio license offered by MPEG LA. Any use of the Software other than consumer personal use in a manner that complies with the MPEG-2 Standard for encoding video information for packaged media is expressly prohibited without a license under applicable patents in the MPEG-2 Patent Portfolio, which license is available from MPEG LA, 250 Steele Street, Suite 300, Denver, Colorado 80206.

(d) VC-1. The Software may be licensed under the VC-1 patent portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the VC-1 standard ("VC-1 Video") and/or (ii) decode VC-1 Video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide VC-1 Video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, LLC. See HTTP://www.mpegla.com.

(e) AVC. The Software may be licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the AVC standard ("AVC Video") and/or (ii) decode AVC Video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC Video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, LLC. See HTTP://www.mpegla.com.

(f) MPEG-4. The Software may be licensed under the MPEG-4 patent portfolio license offered by MPEG LA. USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES.

(g) Use of Clipart, Photo Objects and Photographic Images. You may, subject to the restrictions set out below, incorporate any clipart and photo images licensed from third parties (the "Images") into Your own original work and publish, display and distribute Your work in any media. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or web page. For example, the Images may be used as part of a web page design but may not be made available for downloading separately or in a format designed or intended for permanent storage or reuse by others. Similarly, clients may be provided with copies of the Images (including digital files) as an integral part of a work product but may not be provided with the Images or permitted to use the Images separately or as part of any other product. You may also, subject to the restrictions set out below, make one (1) copy of the Images for backup or archival purposes. You may not create obscene, defamatory or otherwise illegal works using the Images nor use the Images for any other purpose which is prohibited by law. You may not use or permit the use of the Images or any part thereof as a trademark or service mark or claim any proprietary rights of any sort in the Images or in any part thereof. You may not use the Images in electronic format, online or in multimedia applications unless the Images are incorporated for viewing purposes only and no permission is given to download or save the Images for any reason. You may not rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity. You may, however, transfer all Your license to use the Images to another person or legal entity, provided that (i) You transfer the Images and this license, including all copies (except copies incorporated into Your work product as permitted under this Agreement), to such person or entity, (ii) that You retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this Agreement. You may not use any Images except as expressly permitted by this license. You may not use the Images related to identifiable individuals, products or entities in a manner which suggests their association with or endorsement of any product or service unless You clearly print a statement which indicates that in the case of an individual or recognizable product, the person/product is used for illustrative purposes only.

(h) LAME MP3 Encoder. The Software may use the LAME MP3 Encoder Library under the GNU Lesser General Public License. If so, a copy of this license can be found in Your product install folder. Within three (3) years of Your purchase of the Software, You may request a copy of the source code of the LAME MP3 Encoder Library by contacting Corel's customer support. You will be charged a fee for the cost of distribution of the code to You.

(i) Gracenote Database/Data. The Software may contain software from Gracenote, Inc. of Emeryville, California ("Gracenote"). The software from Gracenote (the "Gracenote Client") enables the Software 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 the Software.

You agree that You will use Gracenote Data, the Gracenote Client, and Gracenote Servers for Your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CLIENT, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that Your non-exclusive license to use the Gracenote Data, the Gracenote Client, 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 Client, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Client, and the Gracenote Servers, including all ownership rights. You agree that Gracenote may enforce its rights under this Agreement against You directly in its own name.

The Gracenote Service uses a unique identifier to track queries for statistical purposes. The purpose of this randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who You are. For more information, see the web page for the Gracenote Privacy Statement for the Gracenote Service.

By using the Software, You agree that the Gracenote software may submit a waveform signature to Gracenote. A waveform signature is a distillation of the sound-wave information in the music itself and helps the Gracenote service to identify artist and title information for digital music files. A waveform signature does not contain any information about You or Your computer, and computing the waveform signature should have no noticeable effect on the performance of Your computer. For more information, see the FAQ (Frequently Asked Questions) page, and the Privacy Statement for the Gracenote Service.

The Gracenote Client 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 Client or Gracenote Servers are error-free or that functioning of Gracenote Client or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide You with any new enhanced or additional Data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online service 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 CLIENT OR ANY GRACENOTE CDDB SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.