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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.
