RCA M6204-b Manual
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10 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.
11 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 infr inge 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
12 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 par ty 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.
13 7. WARRANTIES; SUPERIOR RIGHTS A. Ownership of Databases And Warranties. GET DIGITAL DA TA 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 righ tful 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
1414 DIGITAL DATA shall have no liability regarding any claim arising out of: (a) use of other than a current, unaltered release of the Metadata unless the infringing portion is also in the then current, unaltered release, (b) use of the Metadata in combination with non-GET DIGITAL DATA software, data or equipment if the infringement was caused by such use or combination, (c) any modification or derivation of the Metadata not specifically authorized in writing by GET DIGITAL DATA or (d) use of third party software. THE FOREGOING STATES THE ENTIRE LIABILITY OF GET DIGITAL DATA AND THE EXCLUSIVE REMEDY FOR END USER RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT BY THE METADATA. B. Except for the foregoing infringement claims, END USER shall indemnify and hold harmless GET DIGITAL DATA, their officers, agents and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of END USER's modification or enhancement of the Metadata or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder by END USER, its subsidiaries or their officers, employees, agents or representatives. 9. TERMINATION FOR CESSATION OF BUSINESS. Get Digital Data may terminate this Agreement if Get Digital Data ends its business activity of supporting and maintaining the Metadata database. 10. POST TERMINATION RIGHTS Upon the expiration or termination of this Agreement, all rights granted to END USER under this Agreement shall forthwith terminate and immediately revert to GET DIGITAL DATA and END USER shall discontinue all use of the Metadata and the like. 11. INFRINGEMENTS A. GET DIGITAL DATA shall have the right, in its sole discretion, to prosecute lawsuits against third persons for infringement of GET DIGITAL DATA's rights in the Metadata related to this Agreement with END USER or are otherwise brought to GET DIGITAL DATA’s attention by END USER. B. END USER agrees to fully cooperate with GET DIGITAL DATA in the prosecution of any such suit. GET DIGITAL DATA shall reimburse END USER for the expenses incurred as a result of such cooperation. 12. INDEMNITY A. GET DIGITAL DATA agrees to defend, indemnify and hold END USER, its officers, directors, agents and employees, harmless against all costs, expenses and losses (including reasonable attorneys' fees and costs) incurred through claims of third parties against END USER based on a breach by GET DIGITAL DATA of any representation and warranty made in this Agreement. B. END USER agrees to defend, indemnify and hold GET DIGITAL DATA, its officers, directors, agents and employees, harmless against all costs, expenses and losses (including reasonable attorneys' fees and costs) incurred through claims of third parties against GET DIGITAL DATA based on a breach by END USER of any representation made in this Agreement, or otherwise by any action of END USER that is not covered by the indemnification provisions of GET DIGITAL DATA in the Agreement. 13. FORCE MAJEURE Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event. 14. JURISDICTION AND DISPUTES A. This Agreement shall be governed by the laws of Indiana. B. All disputes hereunder shall be resolved in the applicable state or federal courts of Indiana. The parties consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
1515 15. AGREEMENT BINDING ON SUCCESSORS This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns. 16. WAIVER No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement. 17. SEVERABILITY If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement. 18. ASSIGNABILITY The license granted hereunder is personal to END USER and may not be assigned by any act of END USER or by operation of law unless in connection with a transfer of substantially all the assets of END USER or with the consent of GET DIGITAL DATA. 19. INTEGRATION This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.
16 Before you begin Dear RCA Customer, Thank you for purchasing the Player. This product will play mp3 and Windows Media™ audio (WMA) content. RCA easyRip™ Media Software lets you import music files from CDs and other sources, organize your music library, and transfer unprotected MP3 and WMA files to and from this player. Copyright warningThis player is for your personal use only. Unauthorized recording or duplication of copyrighted material may infringe upon the rights of third parties and may be contrary to copyright laws. Back up your dataAs with any portable player, you must back up the drive regularly. The manufacturer is not responsible for lost data. Unpacking your playerAll of the items listed below should have been packed in the box with your player. • RCA player (contains music management software installer and user manual) • Quick Start Guide • USB connector • Earphones Computer system requirements• Pentium III 500MHz or higher recommended • Windows® XP (service pack 1 or higher) or Windows Vista™ or Windows® 7 • Internet Explorer 6.0 or higher with Internet access • Windows Media Player 10 or higher • 250MB or more free hard disk space for the software • 128MB RAM (256MB recommended) • CD-ROM drive capable of digital audio extraction • USB port (2.0 recommended) • Sound card Windows, Windows Media, and Windows Vista are trademarks or registered trademarks of Microsoft Corporation in the United States and other countries.
17 Connecting to the computer• Connect the player to your computer with the USB cable provided. The player will turn on automatically. • The player will be connected in MSC (Mass Storage Class) mode. It will appear as a drive letter on your computer and behave as a detachable drive for file transfer in one or both directions. • The RCA easyRip TM Media Software installer is stored on the player. Go to My Computer (XP users) /Go to Computer (Vista and 7 users) in the Start menu, find and open the drive letter associated with the player (i.e. RCA MP3) and then double-click the rcaeasyrip_setup.exe file to launch the installer. • The software installer can be deleted from the player after installation to free up more storage space*. Player USB port of your computer USB connector * The latest software can be downloaded from www.rcaaudiovideo.com.
18 • It may take several seconds for the player to be detected. Click View -> Refresh in My Computer or Windows Explorer to make sure the player has been detected. • The player is capable of transferring files at USB 2.0. If a USB 2.0 port is available on your computer, use it to connect to your player. The player is still backward compatible with the older USB 1.1 ports; however, you will not be able to take full advantage of the potential speed increase. • IMPORTANT: Do not disconnect the USB connection from either the PC or the player during the software installation. Charging the player The player charges automatically every time you connect it to your computer. To fully charge the player, make sure your computer is on and the player is connected for at least 3 hours. Refer to the battery level icon on the display to check the battery level. Recharge the player when the icon is empty.
19 Managing files on your RCA Player Before you begin using your RCA player, you’ll want to copy your media files to the player. You can use any of the following methods to transfer content: • RCA easyRip • Drag and drop files using Windows Explorer Using RCA easyRipeasyRip lets you: • Import music from CDs • Organize your music library on your PC • Create Playlists • Copy files from your library to the player • Copy files from the player to your library • Delete files from the player To start easyRip: • Click on the RCA Detective system tray icon and select RCA easyRip from the menu. • Double-click the easyRip icon on your PC’s desktop. The easyRip dock appears at the side of your screen. • Help – For detailed explanation on using easyRip, click the Help module on the Module Dock. • Video files must be converted and transferred via RCA easyRip for playback on your player. • Video, photo, and audible files must be transferred while the player is in MSC mode to their respective folders on the player to ensure proper detection and playback.