4. Grand Conditions and Terms
a. You agree to perform the following, which are conditions of the license grant to you:
i) You shall program and design the Player such that, by methods stated in the CDDB protocol:
(1) For a minimum of 2 seconds or during the time the Escient-CDDB Database or Internet Server is being accessed, whichever time is greater, each copy of the Player shall display the CDDB logo as specified by Escient from time to time;
(2) Such CDDB logo graphics will be provided by Escient. The display of the CDDB logo shall be of a size of at least 20 pixels high by 33 pixels wide. The display shall include the phrase "Accessing CDDBtm" or other similar phrase specified by Escient.
(3) Each copy of the Player shall include on its user interface a readily visible "CDDBtm Link" icon button that, when clicked, will launch the user's web browser and link to Escient(R) CDDBtm Web site at www.cddb.com;
(4) Each copy of the Player shall include on its user interface a reasonably legible mail icon (preferably a letter or mail box icon) that, which clicked, will cause the Player to email CD-related artist, title, track length and track name information that has been entered and/or corrected by the end user to CDDB at the address stated in the CDDB Protocol;
(5) Each copy of the Player when accessing the CDDB Server to obtain Data or when sending Data, shall do so directly, without first accessing any other site;
(6) The Player's functionality with regard to accessing the CDDB Server will fully conform to the specifications of the CDDB Protocol; and
(7) Each copy of the Player will include the Proprietary Legends in the "About Box" and "Help File" of the Player. The Help File on the Player will also provide to the end user an explanation of the CDDB functionality, as specified the CDDB Protocol.
(8) You agree to use the CDDB Database as the exclusive source for CD information whenever the access to such DATA is initiated by a process within your CD player application that reads CD TOC Data and retrieves Data via the Internet that is related to the CD. The term of your exclusive use of the CDDB Database will be for the term of this Agreement.
6. Negative Covenants and Restrictions
a. You further agree as follows:
i) You will not use or exploit the CDDB Database. Data derived from the CDDB Database, End User Data, or the CDDB Server, except as expressly permitted herein.
ii) The Player under this Agreement may permit the End User to aggregate Data only (a) in his or her personal computer (b) only in response to the CDs placed in his or her computer.
iii) You agree that your Player shall not have or enable functionality that uploads or permits the transmission of Data to anyone other than Escient. You agree not to upload, aggregate or collect Data derived from the CDDB Database or End User Data.
iv) You will not use the Data derived from the CDDB Database or End User Data to enable or direct the routing of linking of End Users to content or services accessed on the Internet that are related to particular CD titles, tracks, artists or music categories.
v) You may not use or permit the use of the trademarks, trade names or other designations of Escient except as specified herein, or as may be stated in Escient-supplied trademark use guidelines that Escient may issue from time to time.