RCA M63 User Manual

user manual
M63 series
It is important to read this user manual prior to using your new product for the first time.

Important safety instructions

IMPORTANT SAFETY INSTRUCTIONS

PLEASE READ AND SAVE FOR FUTURE REFERENCE
Some of the following information may not apply to your particular product; however, as with any electronic product, precautions should be observed during handling and use.
• Read these instructions.
• Keep these instructions.
• Heed all warnings.
• Follow all instructions.
• Do not use this apparatus near water.
• Clean only with dry cloth.
• Do not install near any heat sources such as radiators, heat registers, stoves, or other apparatus (including amplifiers) that produce heat.
• Only use attachments/accessories specified by the manufacturer.
• Refer all servicing to qualified service personnel. Servicing is required when the apparatus has been damaged in any way, such as power-supply cord or plug is damaged, liquid has been spilled or objects have fallen into the apparatus, the apparatus has been exposed to rain or moisture, does not operate normally, or has been dropped.
ADDITIONAL SAFETY INFORMATION
• Apparatus shall not be exposed to dripping or splashing and no objects filled with liquids, such as vases, shall be placed on the apparatus.
• Do not attempt to disassemble the cabinet. This product does not contain customer serviceable components.
• The marking information is located at the bottom of apparatus.
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Important battery information

Warning: Your product contains a battery and charging system which is designed to work in temperatures that do not exceed 50°C (122°F). Leaving this product in a closed automobile or the trunk of an automobile where temperatures may exceed 50°C may result in permanent battery damage, fire, or explosion. Please remove your product from the automobile when you exit, do not place your product in the trunk of your automobile, and do not leave your product in any location where temperatures may exceed 50°C.

Ecology

Your product must be disposed of properly according to local laws and regulations. Because this product contains a battery, the product must be disposed of separately from the household waste.

Precautions for the unit

• Do not use the unit immediately after transportation from a cold place to a warm place; condensation problems may result.
• Do not store the unit near fire, places with high temperature or in direct sunlight. Exposure to direct sunlight or extreme heat (such as inside a parked car) may cause damage or malfunction.
• Do not expose to rain or moisture.
• Clean the unit with a soft cloth or a damp chamois leather. Never use solvents.
• The unit must only be opened by qualified personnel.

Headset safety

To use a headset safely, please keep the following in mind:
• Do not play your headset at a high volume. Hearing experts advise against continuous extended play.
• If you experience ringing in your ears, turn down the volume or stop using the headset.
• Do not use a headset while driving a motorized vehicle or riding a bike. It may cause a traffic hazard and is illegal in many areas.
• Even if your headset is an open-air type designed to let you hear outside sounds, don’t turn up the volume so high that can’t hear sounds around you.
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FCC Information

RCA
M6308BK
RCA
M6308PL
RCA
M6308RD
RCA
M6308BL
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications.
However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician for help.
Changes or modifications not expressly approved by Audiovox could void the user’s authority to operate the equipment.
Manufacturer/Responsible Party Audiovox Accessories Corporation 111 Congressional Blvd., Suite 350 Carmel, IN 46032
1-317-810-4880 ( No technical /product support is available via this number. This phone number is for
egulatory matters only.)
r
Visit www.rcaaudiovideo.com for technical support
RCA
M6308BK
RCA
M6308RD
This Class B digital apparatus complies with Canadian ICES-003. Cet appareil numérique de la classe B est conforme à la norme NMB-003 du Canada.
RCA
M6308PL
RCA
M6308BL
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Contents

Important safety instructions
IMPORTANT SAFETY INSTRUCTIONS ................................................................................................1
Important battery information ..........................................................................................................2
Ecology .......................................................................................................................................................2
Precautions for the unit ........................................................................................................................2
Headset safety .........................................................................................................................................2
FCC Information ................................................................................... 3
Contents ............................................................................................... 4
End user license agreement
Before you begin
Copyright warning ..................................................................................................................................16
Back up your data ...................................................................................................................................16
Unpacking your player ..........................................................................................................................16
Computer system requirements ........................................................................................................16
Connecting to the computer ..............................................................................................................17
Charging the player ................................................................................................................................18
Managing files on your RCA Player
Using RCA easyRip ..................................................................................................................................19
Deleting files from the player .............................................................................................................20
Disconnecting the player from the PC ............................................................................................20
General controls
Turning the player on and off .............................................................................................................21
Locking the player controls .................................................................................................................21
Resetting the player ...............................................................................................................................21
Using the menus
Menu types ................................................................................................................................................22
Menu navigation .....................................................................................................................................22
The Home menu ......................................................................................................................................24
Music
Playing music files ...................................................................................................................................25
Music playback .........................................................................................................................................26
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Video
Playing video files ...................................................................................................................................28
Video viewing ...........................................................................................................................................28
Photo
Playing photo files ..................................................................................................................................30
Photo viewing ..........................................................................................................................................30
Audible
Playing audible.........................................................................................................................................32
Audible playback controls ...................................................................................................................32
Skipping through audible sections ..................................................................................................33
Radio
Playing FM radio ......................................................................................................................................34
Storing and recalling preset stations ...............................................................................................34
Improving FM radio sound ..................................................................................................................35
Playing back FM radio recordings .....................................................................................................35
Copying recordings to your PC ..........................................................................................................35
Playlists
Creating a Playlist ....................................................................................................................................36
Removing files from Playlist ................................................................................................................36
Downloading playlists to player ........................................................................................................36
Settings
Changing the player’s settings ...........................................................................................................37
Shuffle ........................................................................................................................................................37
Repeat .........................................................................................................................................................37
Equalizer .....................................................................................................................................................37
Customize menu .....................................................................................................................................37
Slideshow ...................................................................................................................................................37
Brightness .................................................................................................................................................37
Screensaver ...............................................................................................................................................38
PowerSave ................................................................................................................................................38
RecDur (Record duration) ....................................................................................................................38
FreqStep (Frequency Step) ..................................................................................................................38
Language ..................................................................................................................................................38
System Info ................................................................................................................................................38
Restore defaults .......................................................................................................................................38
Format .........................................................................................................................................................38
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Additional information
Tips and troubleshooting .....................................................................................................................39
Visiting RCA website ..............................................................................................................................41
Technical specification ..........................................................................................................................41
Specifications ............................................................................................................................................41
Warranty information
12 Month Limited Warranty ................................................................................................................42
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End user license agreement

This is a copy of the EULA that you need to agree to in order to use this product.
End user license agreement
IMPORTANT: THIS WINDOW CONTAINS TWO SEPARATE END USER LICENSE AGREEMENTS (“EULA”): 1) THE AUDIOVOX CORPORATION EULA AND 2) THE GET DIGITAL DATA LLC EULA. BY INSTALLING THE
FOLLOWING PROGRAM OR CLICKING ON THE ACEPTANCE BUTTON OF THE PROGRAM, COPYING OR OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ EACH EULA, UNDERSTAND EACH EULA, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF EACH EULA.
1. AUDIOVOX CORPORATION EULA
AUDIOVOX CORPORATION
END USER LICENSE AGREEMENT
IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE!
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND AUDIOVOX CORPORATION AND, AS APPLICABLE, ANY AUDIOVOX SUBSIDIARY, AS DEFINED BELOW (COLLECTIVELY “AUDIOVOX”), FOR THE RCA BRANDED PORTABLE DIGITAL AUDIO/VIDEO DEVICE APPLICATION/DRIVER SOFTWARE PROGRAM WHICH MAY INCLUDE ASSOCIATED SOFTWARE COMPONENTS, SOFTWARE LICENSED BY AUDIOVOX FROM THIRD PARTIES (“LICENSORS”) AND ASSOCIATED DOCUMENTATION, IF ANY (COLLECTIVELY, THE “PROGRAM”). THIS EULA CONTAINS IMPORTANT LEGAL LIMITATIONS, RESTRICTIONS AND DISCLAIMERS, AND ALSO SPECIFIES THE DURATION OF YOUR LICENSE. BY INSTALLING THE PROGRAM OR CLICKING ON THE ACCEPTANCE BUTTON OF THE PROGRAM, COPYING OR OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS PROGRAM IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. YOU MAY USE THE PROGRAM ONLY IN ACCORDANCE WITH THIS EULA, AND ANY SUCH USE IS HEREBY UNDERSTOOD TO BE CONDITIONAL UPON YOUR SPECIFIC AGREEMENT TO THE UNMODIFIED TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS EULA, CLICK ON THE REJECTION BUTTON AND/OR DO NOT INSTALL THE PROGRAM AND/OR DO NOT USE THE PROGRAM.
1. LICENSE
(a) Under this EULA, you are granted a non-exclusive, non-sublicenseable, non-assignable and non­transferable (except as expressly set forth below) license (i) to use and install the Program on a single workstation, and (ii) to make one (1) copy of the Program into any machine-readable form for backup of the Program, provided the copy contains all of the original Program's proprietary notices. (b) You may transfer the Program and license to another party only as a part of the RCA branded Portable Digital Audio/Video Device (“A/V Device”), and only if the other party agrees to accept the terms and conditions of this EULA. If you transfer the Program, you must at the same time either transfer all copies to the same party or destroy any copies not transferred. (c) The terms of this EULA will govern any software upgrades or updates provided by AUDIOVOX that replace and/or supplement the original Program, unless such upgrade or update is accompanied by separate license terms and conditions in which case the terms of that separate license will govern. You acknowledge and agree that AUDIOVOX may automatically download upgrades or updates to the Program software to your computer in order to update, enhance, and/or further develop the Program.
2. LICENSE RESTRICTIONS
(a) Except for the licenses expressly granted to you in this EULA, no other licenses or rights are granted or
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implied. (b) You may not (i) make the Program available over a network where it could be used by multiple computers at the same time; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), or create derivative works based upon the Program; (iii) copy the Program, except as expressly permitted herein; (iv) remove or alter any copyright notices on all copies of the Program; or (v) rent, lease or lend the Program. You agree that you shall only use the Program in a manner that complies with all applicable laws in the jurisdictions in which you use the Program, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. (c) The Program may contain pre-release code that does not perform at the level of a final code release. In such case, the Program may not operate properly. Updated versions of the Program may be downloaded from www.rcaaudiovideo.com/downloads (d) AUDIOVOX is not obligated to provide support services for the Program. (e) The Program is provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of DFARS 252.227-7013, or FAR
52.227-19, or in FAR 52.227-14 Alt. III, as applicable.
3. TERM AND TERMINATION
(a) Your license is effective on the date you accept this EULA and remains in effect until this EULA is terminated by either party. (b) You may terminate this EULA and the associated license, without any notice or delay, by destroying or permanently erasing the Program and all copies thereof. (c) If you fail to comply with any of the terms of this EULA, in whole or part, your license will automatically terminate without notice from AUDIOVOX. (d) Upon termination of this EULA and your associated license, you shall cease all use of the Program and destroy or permanently erase the Program and all full or partial copies thereof.
4. WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT AUDIOVOX, ITS SUPPLIERS, OR ITS DEALERS) ASSUME THE ENTIRE COST FOR ALL NECESSARY REPAIR OR CORRECTION. This exclusion of warranty may not be allowed under some applicable laws. As a result, the above exclusion may not apply to you, and you may have other rights depending on the law that applies to you.
5. OWNERSHIP RIGHTS
All title and intellectual property rights, including but not limited to copyrights, in and to the Program and any copies thereof are owned by AUDIOVOX, its Licensors or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license grants you no rights to use such content. All rights not expressly granted are reserved by AUDIOVOX or its Licensors.
6. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIOVOX, OR ITS DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF AUDIOVOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED.
7. WINDOWS MEDIA
The software embedded within your A/V Device (the “Device Firmware”) contains software licensed from Microsoft that enables you to play Windows Media Audio (WMA) files (“WMA Software”). The WMA Software is licensed to you for use with your A/V Device under the following conditions. By installing and using this version of the Device Firmware, you are agreeing to these conditions. IF YOU DO NOT AGREE TO THE END USER CONDITIONS OF THIS SECTION 7, DO NOT INSTALL OR USE THIS VERSION OF THE DEVICE FIRMWARE.
The WMA Software is protected by copyright and other intellectual property laws. This protection also extends to documentation for the WMA Software, whether in written or electronic form.
GRANT OF LICENSE: The WMA Software is only licensed to you as follows: You may use this version of the Device Firmware containing the WMA Software only as such use relates to your A/V Device.
You may not reverse engineer, decompile, or disassemble the WMA Software, except and only to the extent that such activity is expressly permitted by applicable law. You may transfer your right to use the Device Firmware only as part of a sale or transfer of your A/V Device, on the condition that the recipient agrees to the conditions set forth herein. If the version of the Device Firmware that you are transferring is an upgrade, you must also transfer all prior versions of the Device Firmware that you have which include the WMA Software. MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA SOFTWARE.
The WMA Software is of U.S. origin. Any export of this version of the Device Firmware must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, that apply to the WMA Software incorporated in the Device Firmware. Content owners use Windows Media digital rights management technology (“WMDRM”) to protect their intellectual property, including copyrights. This device uses WMDRM software to access WMDRM-protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline to accept an upgrade, you will not be able to access content that requires the upgrade.
8. THIRD PARTY SOFTWARE
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. AUDIOVOX IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFT WARE.
9. GOVERNING LAW
If you acquired this A/V Device in the United States, this EULA shall be governed and construed in accordance with the laws of the State of Indiana, U.S.A. without regard to its conflict of laws principles. If you acquired this A/V Device outside the United States or the European Union, then local law may apply.
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10. GENERAL TERMS
This EULA can only be modified by a written agreement signed by you and AUDIOVOX, and changes from the terms and conditions of this EULA made in any other manner will be of no effect. If any portion of this EULA shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. This EULA is the complete and exclusive statement of the agreement between you and AUDIOVOX, which supersedes all proposals or prior agreements, oral or written, and all other communications between you and AUDIOVOX, relating to the subject matter of this hereof. AUDIOVOX’S Licensors shall be considered third party beneficiaries of this Agreement and shall have the right to enforce the terms herein. “AUDIOVOX SUBSIDIARY” shall mean any person, corporation, or other organization, domestic or foreign, including but not limited to subsidiaries, that is directly or indirectly controlled by Audiovox Corporation including, but not limited to, Audiovox Consumer Electronics, Inc. and Audiovox Electronics Corporation. For purposes of this definition only, the term “control” means the possession of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of voting stock or partnership interest, by contract, or otherwise, including direct or indirect ownership of at least fifty percent (50%) of the voting interest in the entity in question.
11. CONSENT TO USE OF DATA
You agree that Audiovox and its subsidiaries may collect and use technical and related information that does not personally identify you, including but not limited to offers opted into by you with Audiovox partners, technical information about your computer, system and application software, IP address 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 RCA easyRip Software and to verify compliance with the terms of this License. Audiovox 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.
2. GET DIGITAL DATA LLC EULA
DATA SERVICES
END USER LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT. This text is an important legal agreement between you “End User” (You, including Your company, if this Software will be used for the benefit of any corporation, partnership or any other legal entity), and Get Digital Data, LLC (“Get Digital Data”) YOU MUST AGREE to these terms and conditions before downloading, copying, executing, logging in, installing, using, or in any way copying the Software, and being allowed access to Get Digital Data’s databases to view and retrieve metadata, so please read carefully.
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.
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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 In consideration of the license granted herein, END USER acknowledges that it paid a License Fee as part of the purchase price of the Designated Equipment.
5. DATABASES AND METADATA CONTENT
A. Copyrighted Materials. GET DIGITAL DATA may provide access to certain Metadata which may include potentially copyrighted materials (“Copyrighted Materials”) such as cover artwork and album summary information. Such access is provided “as is” as an accommodation only, and GET DIGITAL DATA does not warrant or endorse and does not assume and will not have any liability or responsibility for such Copyrighted Materials or END USER’s use thereof. END USER may only access and use such Copyrighted Materials to the extent allowed by law in END USER’s jurisdiction. END USER agrees that it will not use any such Copyrighted Materials in any manner that would infringe or violate this Agreement, any relevant law or the rights of any other party, and that GET DIGITAL DATA is not in any way responsible for any such use by END USER. B. Objectionable Material. END USER understands that the Metadata may contain content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified with warnings, for example “explicit language”. END USER agrees to use the Metadata at its sole risk and GET DIGITAL DATA shall have no liability for content that may be found to be offensive, indecent, or objectionable. C. Adult Material. END USER understands that the Metadata may contain content that may be deemed adult material and governed by local or national standards and laws issued by a municipality, city, state, country, or other governmental entity. END USER agrees to release, discharge, and hold harmless GET DIGITAL DATA from any and all liability which might arise from END USER’s or any third party’s accessing, allowing access to and/or using any adult content in the Metadata. D. Submission of Material. GET DIGITAL DATA may enable END USER to submit information to potentially be included as Metadata in GET DIGITAL DATA’S databases. END USER agrees that any information submitted to GET DIGITAL DATA may be included or excluded from the databases at GET DIGITAL DATA’s sole discretion. END USER hereby grants GET DIGITAL DATA a non-exclusive, perpetual license and permission to copy and
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include any such submitted information as Metadata in GET DIGITAL DATA’s databases and to make such information available to third parties who may access GET DIGITAL DATA’s databases. END USER agrees to indemnify and hold harmless GET DIGITAL DATA from any and all claims, losses, liabilities, damages or expenses (including reasonable attorney fees) associated with claims, lawsuits and/or demands which are due to GET DIGITAL DATA’s use of information submitted by END USER. E. Content and Accuracy. While GET DIGITAL DATA makes reasonable efforts to provide accurate information, END USER acknowledges and agrees that GET DIGITAL DATA is not responsible for examining or evaluating the content or accuracy of any third party materials or information contained in the Metadata. GET DIGITAL DATA does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third parties. GET DIGITAL DATA does not warrant that any Metadata it provides will be free from viruses, damaging source code or other destructive features. F. Changes to Databases. GET DIGITAL DATA reserves the right to make changes to the Metadata and its databases at any time and without notice. GET DIGITAL DATA reserves the right to interrupt access to the databases and the Metadata as necessary to perform maintenance, error correction, or other changes. GET DIGITAL DATA may, at its sole discretion and without prior notice, block future access to the Metadata if END USER violates this Agreement. G. END USER represents and agrees that END USER does not gain any ownership of the Metadata or the database under this Agreement. END USER acknowledges that the GET DIGITAL DATA’s databases are the sole property of GET DIGITAL DATA and/or its suppliers. END USER shall not have any right, title, or interest to any such databases or the Metadata except as provided in this Agreement. H. Proprietary Notices. END USER agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, patent, confidentiality or other proprietary notice, mark, or legend appearing on any of the databases or Metadata generated by the databases and Metadata. END USER further agrees END USER shall obtain no rights in any of GET DIGITAL DATA’S trademarks, copyrighted material or other intellectual property, which shall remain the sole property of GET DIGITAL DATA, and all goodwill acquired through use of the trademarks shall inure to GET DIGITAL DATA.
6. CONFIDENTIALITY
A. Acknowledgement. END USER hereby acknowledges and agrees that the Metadata constitutes and contains valuable proprietary products and trade secrets of GET DIGITAL DATA and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, END USER agrees to treat (and take precautions to ensure that its employees treat) the Metadata as confidential information in accordance with the confidentiality requirements and conditions set forth below. B. Maintenance of Confidential Information. END USER agrees to keep confidential all confidential information disclosed to it by GET DIGITAL DATA in accordance herewith at all times exercising at least a reasonable degree of care in the protection of confidential information; provided, however, that END USER shall not have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (1) have been known publicly; (2) have been known generally in the industry before communication by the disclosing party to the recipient; (3) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (4) have been known otherwise by the recipient before communication by the disclosing party; or (5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information. C. Injunctive Relief. END USER acknowledges that the unauthorized use, transfer or disclosure of the Metadata or copies thereof will: (1) substantially diminish the value to GET DIGITAL DATA of the trade secrets and other proprietary interests that are the subject of this Agreement; (2) render GET DIGITAL DATA's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time. If END USER breaches any of its obligations with respect to the use or confidentiality of the Metadata, GET DIGITAL DATA shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief. D. Survival. END USER's obligations under this Section will survive the termination of this Agreement or of any license granted under this Agreement for whatever reason.
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7. WARRANTIES; SUPERIOR RIGHTS
A. Ownership of Databases And Warranties. GET DIGITAL DATA represents and warrants that it is the rightful owner and curator of the databases and that it has compiled the Metadata therein. GET DIGITAL DATA does not represent or warrant that it is the rightful owner of any specific information in the Metadata and specifically disclaims ownership of any third-party copyrighted material in the databases, including any artwork or album summary information. B. Limited Warranty. GET DIGITAL DATA represents and warrants to END USER that access to the Metadata when properly enabled, will perform substantially as described in GET DIGITAL DATA's current documentation, found at: www.getdigitaldata.com . C. Limitations. Notwithstanding the warranty provisions set forth herein, all of GET DIGITAL DATA's obligations with respect to such warranties shall be contingent on END USER's use of the Metadata in accordance with this Agreement. D. END USER's Sole Remedy. GET DIGITAL DATA's entire liability and END USER's exclusive remedy for any breach of these warranties shall be, at GET DIGITAL DATA's option: (1) repair to enable access to the Metadata; provided GET DIGITAL DATA receives written notice from END USER during the warranty period of a breach of warranty. E. Disclaimer of Warranties. THE METADATA IS PROVIDED ON AN "AS IS" BASIS ONLY. OTHER THAN SPECIFIED HEREIN, ALL EXPRESS AND IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. GET DIGITAL DATA DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE METADATA WILL BE CORRECTED. NO AGENT OF GET DIGITAL DATA IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS AS SET FORTH HEREIN. F. Limitation of Liability. END USER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH GET DIGITAL DATA IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY GET DIGITAL DATA OF THE RISK OF END USER'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH END USER'S USE OF THE METADATA. ACCORDINGLY, END USER AGREES THAT GET DIGITAL DATA SHALL NOT BE RESPONSIBLE TO END USER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LICENSING OR USE OF THE METADATA. Any provision herein to the contrary notwithstanding, the maximum liability of GET DIGITAL DATA to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Metadata delivered to END USER hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to GET DIGITAL DATA by END USER for the License whose use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of GET DIGITAL DATA arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Metadata and any services rendered hereunder and that, were GET DIGITAL DATA to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
8. INDEMNIFICATION
A. GET DIGITAL DATA shall indemnify, hold harmless and defend END USER against any action brought against END USER to the extent that such action is based on a claim that, the Metadata, when used in accordance with this Agreement, infringes the intellectual property rights of a third party and GET DIGITAL DATA shall pay all costs, settlements and damages finally awarded; provided, that END USER promptly notifies GET DIGITAL DATA in writing of any claim, gives GET DIGITAL DATA sole control of the defense and settlement thereof and provides all reasonable assistance in connection therewith. If any Metadata is finally adjudged to so infringe, or in GET DIGITAL DATA's opinion is likely to become the subject of such a claim, GET DIGITAL DATA shall, at its option, either: (1) procure for END USER the right to continue using the Metadata (2) modify or replace the Metadata to make it non-infringing, or (3) provide a partial refund. GET
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