LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE

Access to and use of data.xml metadata ("the Data") via Rhapsody Web Services ("RWS") or any other means is provided only subject to these terms and conditions of use ("Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY AS ACCESS TO AND USE OF THE DATA CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE.

By accepting these Terms of Use and/or using the Data in any manner, you represent that (a) you are of legal age to enter into a binding legal agreement, (b) you agree to these Terms of Use, which are subject to change in RealNetworks' sole discretion at any time and for any reason, and (c) you are not an employee of, or acting on behalf of, an Online Music Service.  

"Online Music Service" as used herein means any digital music service, including without limitation, Napster, Yahoo Music, AOL Music, and any assigns or successors thereto.

"RealNetworks" as used herein includes RealNetworks, Inc., its affiliated companies, and its third-party providers or sources of Data. 

Permitted Use: You may use the Data only to look up Rhapsody Content IDs ("RCIDs") and to pull the metadata from the Rhapsody catalog into your own applications that link back to Rhapsody.com (the "Site"). In connection with your use of the Data, you may link to our Site and include the Rhapsody logo in your link, provided that you are in compliance with these Terms of Use, and provided that you agree to immediately remove such link and logo(s) upon request from RealNetworks.  You may not publish, copy, reproduce, distribute or otherwise use any RealNetworks trademarks, logos, or graphics on external sites or in any other medium or form. RealNetworks reserves the right to (1) make changes to the Data at any time and without notice; (2) interrupt your access to the Data, the operation of RWS, or any portion of RWS for any reason at any time; and / or (3) terminate your access, at its sole discretion and without prior notice, and/or block your future access to the Data and/or RWS at any time and for any reason.

Restrictions: The Data is provided for your own personal information and use only.  You may not make commercial use of the Data or any other content or information that you obtain from RWS.  You agree not to sell, trade or otherwise make available any portion of the Data, use of the Data, or access to the Data as part of a financial exchange or for any financial benefit or consideration of any kind.  You may not aggregate or collect Data to construct any kind of on-line or computer database of any kind.  You may not use Data to solicit or promote the performance of any illegal activity or other activity which infringes the rights of RealNetworks or others. You agree to use the Data only as permitted under applicable law, including copyright, trademark and patent law; and that your use will be in accordance with the Terms of Use.  You agree that you will not use the Data in connection with any Web site that contains any pornographic, hate-related, offensive, violent, or illegal content of any kind.  You agree not to use any device, software or routine to copy or interfere or attempt to copy or interfere with the Data or the availability thereof.  You may not attempt to gain unauthorized access to any portion or feature of RWS or Data by hacking, password "mining" or any other illegitimate means. You may not, without our prior written permission, "mirror" the Data or any other content or information that you obtain from RWS.

Warranty Disclaimer: The Data is provided "AS IS", without warranties of any kind. RealNetworks expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.  The Data should not be relied on for any purpose.  RealNetworks does not promise that the Data will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Data will provide specific results. Your sole and exclusive remedy against RealNetworks for dissatisfaction with any Data is to stop using the Data.

You acknowledge that any non-RealNetworks Web site is independent from RealNetworks, and that RealNetworks has no control over the content on such Web sites. A link to a non-RealNetworks Web site does not mean that RealNetworks endorses or accepts any responsibility for the content, or for the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. RealNetworks makes no representation that material available through the RealNetworks Web site is appropriate or available for use outside the United States and access to them from any territory where the content of the RealNetworks Web site is illegal is strictly prohibited.

Limitations of Liability: REALNETWORKS SHALL HAVE NO LIABILITY FOR TO YOU OR ANY THIRD PARTY FOR: (1) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY REALNETWORKS' ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE DATA; (2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE DATA REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE DATA; OR (3) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE DATA FURNISHED HEREUNDER.  IN NO EVENT WILL REALNETWORKS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THE DATA ON ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER SERVICES ON YOUR SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY SET FORTH IN THIS AGREEMENT, AND SHALL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES SPECIFIED HEREIN.

Indemnity: You agree to indemnify and hold RealNetworks, and its subsidiaries, affiliates, officers, employees, agents and co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Data.

General: These Terms of Use constitute the entire agreement between you and RealNetworks and govern your use of the Data, superseding any prior agreements.  A party's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any other right. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and any remaining provisions of the Terms of Use remain in full force and effect. These Terms of Use are governed by the laws of the State of Washington You and RealNetworks agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Washington without regard to Washington's conflict of law provisions. You agree that any claim or cause of action arising out of or related to use of the Data must be filed within one (1) year after such claim or cause of action arose or be forever barred. If RealNetworks does take any legal action against you as a result of your violation of these Terms of Use, RealNetworks will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in action to any other relief granted to RealNetworks.