This application incorporates software and technology of All Media Guide, LLC. (“AMG”). The AMG software and technology (the “AMG Technology”) allows End Users to access music-related data (“AMG Data”) over the Internet and otherwise from proprietary AMG databases (the “AMG Databases”) located on AMG servers (the “AMG Servers”) and to perform other functions (collectively with the AMG Technology, AMG Data, AMG Databases and AMG Servers, the “AMG Services”).
AMG grants you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use AMG Services only by means of the intended End User functions of this application software.
AMG reserves all rights in the AMG Services, including all ownership rights. You acknowledge that as between you and AMG, all right, title and ownership to the AMG Services and components thereof remain the exclusive property of AMG, and nothing herein will be deemed to grant you any ownership rights in the AMG Services. You agree that AMG may enforce its rights under this Agreement against you directly in its own name.
AMG reserves the right to delete data from the AMG Databases or to change data categories for any cause that AMG deems sufficient. No warranty is made that the AMG Technology or AMG Servers are error-free or that functioning of AMG Technology or AMG Servers will be uninterrupted. AMG is not obligated to provide you with any new, enhanced or additional data types or categories that AMG may choose to provide in the future and is free to discontinue its online services at any time, without any obligation to you.
To the extent that you, the End User, provide any information or original works of authorship to be added to AMG Databases, you represent and warrant that you are the sole author of such work(s) and further hereby assign to AMG all rights of copyright therein, including the right to register the copyright in such work(s) as part of the AMG Database.
THE AMG SERVICES AND COMPONENTS THEREOF ARE PROVIDED TO YOU “AS IS.” AMG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE AMG SERVICES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AMG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE AMG SERVICES.
IN NO CASE WILL AMG OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, PUNITIVE OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST REVENUES OR INTERRUPTION WITH BUSINESS UNDER ANY THEORY OF LAW, INCLUDING CONTRACT, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AMG SERVICES. IN NO EVENT WILL AMG’S LIABILITY FOR DAMAGES WITH RESPECT TO THE AMG SERVICES BE IN EXCESS OF TEN DOLLARS REGARDLESS OF THE FORM OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.