Gracenote^® End User License Agreement

The use of the video program information data transmission service and related data (“Data”) that is made available as part of the Service (the “Service”) provided by Gracenote, Inc. of Emeryville, California (“Gracenote”) and is provided solely in accordance with the terms and conditions set out in this End User License Agreement (“EULA”).

BY USING THE SERVICE YOU ACCEPT THIS EULA SET OUT BELOW. IN SO FAR AS YOU DO NOT ACCEPT THIS EULA YOU ARE NOT PERMITTED TO USE THE SERVICE.

Gracenote reserves the right to block or suspend access to the Service or to the Data, in case you are in breach of this EULA or any part of it.

1. Description of the Service

a. Gracenote makes the Service available to you on this end user device (“End User Device”) purchased by you.

b. The Service consists of the aggregation, arrangement and the delivery of the Data, in particular in the form of texts and images. The reception and the display of the Data on this End User Device are not part of the Service and falls solely within the responsibility and liability of the manufacturer of this End User Device.

2. Operation of the Service

a. Gracenote endeavors to enable you to use the Data. Gracenote further endeavors to take care that the contents of the Data made available to you are up-to-date, complete and accurate. However, Gracenote cannot give any warranty and you do not have any claim against Gracenote in this respect. If the Data cannot be used or is not up-to-date, complete and/or accurate, this does not constitute a defect of the Service and therefore does not entitle you to assert any claim against Gracenote. 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 SERVICE.

b. Gracenote is not responsible for the proper setup, connection or (if applicable) equipment of this End User Device so that the Service can be received. This lies within your sole responsibility.

c. Gracenote may amend or remove Data with or without advance notice and may block or modify access to Data or the Service. You do not have any claim against Gracenote arising out of such change, removal, blocking or modification.

d. PLEASE NOTE that in order to use the Data, specific technical prerequisites, such as this End User Device, software programs, methods of transfer, telecommunication services and other third party services, usually need to be used, for which additional cost, in particular connection charges, can be incurred, which you will have to pay for separately. Gracenote does not provide such End User Devices, software programs, methods of transfer, telecommunication services or other services and does not accept any liability for services of third parties.

3. Restriction of use of Data

a. The Data made available within the scope of the Service may be protected by copyright or other statutory provisions.

b. You may use the Data made available to you for private and non-commercial purposes only, to the extent that this is necessary and permitted by the End User Device’s intended use.

c. PLEASE NOTE that you are in particular not entitled to:

i. forward the Data or part of it to third parties or to enable third parties to have access to it with the exception of members of your household;

ii. amend edit or modify the Data in any way;

iii. use the Data for the creation of a database and/or an information service; and/or

iv. and you undertake to refrain from these acts of use.

4. Restriction of Liability

a. PLEASE NOTE that you are using the Service at your own risk. The download or any other receipt of content, in particular the download of Data in connection with the Service, is also at your own risk and you are solely responsible for any damage to this End User Device or for any other damages, including loss of data, arising out of such actions.

b. Gracenote shall not be liable for the functioning of the Service or part of it without interruptions or defects, for Data being available at all times or for the Service being fit for a specific purpose. Gracenote shall not be liable for the accuracy, completeness and/or correctness of the Data made available by Gracenote. In particular spelling mistakes and software errors can occur.

c. Gracenote shall not be liable for disturbances which prevent access to the Service, in particular for any disruptions and/or limitations of access to the Service or the Data which are due to a force majeure event or circumstances outside of Gracenote’s responsibility, such as a breakdown or disturbance of the Internet or telecommunications networks other than Gracenote‘s own systems.

d. GRACENOTE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES. Gracenote shall only be liable for willful misconduct or gross negligence (the limitation of liability set out above does not apply to death or personal injury or any other liability which cannot be excluded by law).

Gracenote, Gracenote eyeQ, Gracenote Video Explore, the Gracenote logo and logotype, and “Powered by Gracenote” are either registered trademarks or trademarks of Gracenote, Inc. in the United States and/or other countries.