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- LICENSE AGREEMENT FOR THE REALPLAYER
-
-
- IMPORTANT -- READ CAREFULLY: By clicking
- on the Next button or by opening the sealed
- packet(s) to make and utilize copies of the
- RealPlayer and accompanying software
- ("Software") Licensee agrees to be and is hereby bound
- by the terms of this License Agreement ("Agreement").
- If Licensee does not agree to the terms of this
- Agreement, Licensee must promptly destroy all
- copies of the Software and accompanying
- documentation ("Documentation") and obtain a full
- refund of any fees paid from Progressive Networks Inc.
-
- I. GRANT OF LICENSE:
-
- Progressive Networks Inc. ("PN") hereby grants to
- Licensee a non-exclusive license to use the
- Software and Documentation subject to the following
- terms:
-
- Licensee may: (i) use the Software on any single
- computer; (ii) use the Software on a second
- computer so long as the first and second
- computers are not used simultaneously; (iii) copy
- the Software for back-up, archival purposes provided any
- copy must contain all of the original Software's
- proprietary notices.
-
- Licensee may not: (i) permit other individuals to use
- the Software except under the terms listed above;
- (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 Software or
- Documentation; (iii) copy the Software or
- Documentation (except for back-up purposes); (iv)
- rent, lease, transfer, or otherwise transfer rights to the
- Software or Documentation; or (v) remove any
- proprietary notices or labels on the Software or
- Documentation.
-
- II. SOFTWARE:
-
- If Licensee receives the first copy of the Software
- electronically and a second copy on media the
- second copy may be used for archival purposes
- only and may not be transferred to or used by any other
- person. This license does not grant Licensee any
- right to any enhancement or update.
-
- III. TITLE:
-
- Title, ownership, rights, and intellectual property
- rights in and to the Software and Documentation
- shall remain in PN and/or its suppliers. The
- Software is protected by the copyright laws of the
- United States and international copyright treaties.
- Title, ownership rights and intellectual property
- rights in and to the content accessed through the
- Software including the content contained in the
- Software media demonstration files is the property
- of the applicable content owner and may be
- protected by applicable copyright or other law. This
- license gives Licensee no rights to such content.
-
- IV. DISCLAIMER OF WARRANTY:
-
- Product is deemed accepted by Recipient. The
- PRODUCT is provided AS IS WITHOUT
- WARRANTY OF ANY KIND. TO THE MAXIMUM
- EXTENT PERMITTED BY APPLICABLE LAW,
- PROGRESSIVE NETWORKS FURTHER DISCLAIMS
- ALL WARRANTIES, INCLUDING WITHOUT
- LIMITATION ANY IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A
- PARTICULAR PURPOSE, AND
- NONINFRINGEMENT. THE ENTIRE RISK ARISING
- OUT OF THE USE OR PERFORMANCE OF THE
- PRODUCT AND DOCUMENTATION REMAINS
- WITH RECIPIENT. TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW, IN NO EVENT
- SHALL PROGRESSIVE NETWORKS OR ITS
- SUPPLIERS BE LIABLE FOR ANY
- CONSEQUENTIAL, INCIDENTAL, DIRECT,
- INDIRECT, SPECIAL, PUNITIVE, OR OTHER
- DAMAGES WHATSOEVER (INCLUDING,
- WITHOUT LIMITATION, DAMAGES FOR LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION,
- LOSS OF BUSINESS INFORMATION, OR OTHER
- PECUNIARY LOSS) ARISING OUT OF THIS
- AGREEMENT OR THE USE OF OR INABILITY TO
- USE THE PRODUCT, EVEN IF PROGRESSIVE
- NETWORKS HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. BECAUSE
- SOME STATES/JURISDICTIONS DO NOT ALLOW
- THE EXCLUSION OR LIMITATION OF LIABILITY
- FOR CONSEQUENTIAL OR INCIDENTAL
- DAMAGES, THE ABOVE LIMITATION MAY NOT
- APPLY TO RECIPIENT.
-
- V. TERMINATION:
-
- This license shall terminate automatically if
- Licensee fails to comply with the limitations
- described in this license. No notice shall be required
- from PN to effectuate such termination. On termination
- Licensee must destroy all copies of the Software and
- Documentation.
-
- VI. U.S. GOVERNMENT RESTRICTED RIGHTS
- AND EXPORT RESTRICTIONS:
-
- The Software is provided with RESTRICTED
- RIGHTS. Use duplication or disclosure by the
- Government is subject to restrictions as set forth in
- subparagraph (c)(1)(ii) of The Rights in Technical
- Data and Computer Software clause of DFARS
- 252.227-7013 or subparagraphs (c)(i) and (2) of the
- Commercial Computer Software-Restricted Rights
- at 48 CFR 52.227-19 as applicable. Manufacturer
- is Progressive Networks 1111 Third Avenue Suite 2900
- Seattle Washington 98101. Licensee acknowledges that
- none of the Software or underlying information or
- technology may be download or otherwise exported or
- re-exported (i) into (or to a national or resident of)
- Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan,
- Syria, or any other country to which the U.S. has
- embargoed goods; or anyone on the U.S. Treasury
- Department's list of Specially Designated Nationals or
- the U.S. Commerce Department's Table of Denial
- Orders. By using the Software Licensee is agreeing to
- the foregoing and is representing and warranting
- that it is not located in under the control of a
- national or resident or resident of any such country
- or on any such list.
-
- VII. GOVERNING LAW:
-
- This License Agreement shall be governed by the laws
- of the State of Washington without regard to
- conflicts of law provisions and Recipient consents
- to the exclusive jurisdiction of the state and federal
- courts sitting in the State of Washington. This
- License Agreement will not be governed by the
- United Nations Convention of Contracts for the
- International Sale of Goods, the application of which
- is hereby expressly excluded.
-
- VIII. ENTIRE AGREEMENT:
-
- This agreement constitutes the complete and
- exclusive agreement between PN and Licensee
- with respect to the subject matter hereof and
- supersedes all prior oral or written understandings,
- communications or agreements not specifically
- incorporated herein. This agreement may not be
- modified except in a writing duly signed by an
- authorized representative of PN and Licensee.
-
-
-
-