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- REALNETWORKS LICENSE AGREEMENT AND
- WARRANTY DISCLAIMER
- REDISTRIBUTION OF SOFTWARE NOT PERMITTED
- _________________________________________
- License for RealNetworks' RealEncoder
- Product, Version 5.1
-
- IMPORTANT -- READ CAREFULLY: This
- RealNetworks License Agreement ("License
- Agreement") is a legal agreement between
- you (either an individual or an entity)
- and RealNetworks, Inc. and its suppliers
- and licensors (collectively "RN") for the
- RealEncoder software product, which
- includes computer software and associated
- media and printed materials, whether
- provided in physical form or received on-
- line in electronic form ("Software"). By
- clicking on the "I Accept" button,
- installing, copying or otherwise using
- the Software, you agree to be bound by
- the terms of this License Agreement. If
- you do not agree to the terms of this
- License Agreement, click on the "I Do Not
- Accept" button and do not install the
- Software.
- _________________________________________
-
- This Software and the Documentation is
- proprietary to RN, and is protected by
- the copyright and other intellectual
- property laws of the United States and
- international treaties. The Software is
- licensed, not sold.
-
- 1. GRANT OF LICENSE. Subject to the
- provisions contained in this License
- Agreement, RN hereby grants you a non-
- exclusive, non-transferable, perpetual,
- worldwide license to install and use the
- Software according to the following terms
- and conditions:
-
- (a) Installation/Use. This License
- permits you to install one copy of the on
- a single computer containing one or more
- central processing units ("CPU's"). You
- may use your installed copy of the
- Software to encode audio or video content
- into RN's RealAudio(.ra) or RealVideo
- (.rv) format ("Encoded Content"). If you
- are not the owner of the copyrights in
- the Encoded Content, you should obtain
- all necessary rights and licenses from
- the copyright owner to enable you to
- encode and use such content.
-
- (b) HTTP Streaming/Trademark Usage.
- This License also permits you to embed
- Encoded Content into HTML web pages for
- the purpose of streaming such Encoded
- Content from an HTTP web server ("HTTP
- Streaming"). If you make Encoded Content
- available for HTTP Streaming, you agree
- to notify web page visitors, in a
- conspicuous manner, which files are
- available in the RealAudio or RealVideo
- format. Further, if you embed Encoded
- Content for HTTP Streaming, RN hereby
- grants you a non-exclusive, limited
- license to use, and you agree that you
- shall always use, RN's trademarks in
- accordance with RN's Trademark and Logo
- Usage Policy at
- http://www.real.com/corporate/logos/polic
- y.html., and for the sole purpose of
- informing web page visitors that Encoded
- Content is in RN's RealAudio or RealVideo
- format. You agree that you shall not use
- any RN trademark in a way which may imply
- that you are an agency or branch of RN.
- You agree that you shall not use any RN
- trademark in a way which may imply that
- RN endorses, is affiliated with, or
- sponsors you or your products without
- RN's express written permission. You
- also agree that you may not link directly
- to any media file or .ram file made
- available from the RN website.
-
- (c) Restrictions on Transfer. Except
- as otherwise expressly allowed under this
- agreement, you shall not rent, lease,
- sell, sublicense, assign, pledge,
- encumber or otherwise transfer the
- Software. Any party authorized by RN to
- use or receive the Software must agree to
- be bound by, and you agree to inform all
- users of the Software of, the terms and
- conditions of this License Agreement RN
- reserves the right to withhold such
- authorization for any reason.
-
- 2. OTHER RIGHTS AND LIMITATIONS. Dual-
- Media Software. If you receive the
- Software in more than one medium (e.g.,
- by electronic distribution and on CD-
- ROM), regardless of the type or size of
- medium you receive, you may use only one
- medium that is appropriate for your
- single computer. You may not use or
- install the other medium on another
- computer. You may not loan, rent, lease,
- grant a security interest in, or
- otherwise transfer the other medium to
- another user. No Copying. You may not
- copy the Software or any accompanying
- documentation, except that you may make a
- single copy of the software for archival
- purposes only, provided such copy must
- contain all of the original Software's
- proprietary notices. No Transmission Over
- A Network. Except as may be necessary to
- receive your initial copy of the Software
- from RN or an authorized distributor, you
- man not transmit the Software over a
- network, by telephone, or electronically
- using any means. No Modifications or
- Reverse Engineering. You may not remove
- any proprietary notices or labels from
- the Software, and you may not modify,
- translate, reverse engineer, decompile or
- disassemble (except to the extent that
- this restriction is expressly prohibited
- by applicable law), or create derivative
- works based on the Software.
- Rental/Transfer. You may not rent,
- lease, sell or transfer the Software or
- documentation without RN's express
- written consent, which RN may withhold in
- its discretion. Reservation of Rights.
- All rights not expressly granted to you
- are reserved to RN.
-
- 3. TITLE. The Software is licensed, not
- sold. Title, ownership rights and
- intellectual property rights in and to
- the Software (including any images,
- animations, video, audio, music, and text
- incorporated into the Software),
- accompanying printed materials, and any
- copies you are expressly permitted to
- make herein are owned by RN or its
- suppliers and are protected by United
- States copyright law and international
- treaty provisions. You may not copy the
- printed materials accompanying the
- Software.
-
- 4. DISCLAIMER OF WARRANTY. THE SOFTWARE
- IS PROVIDED AS IS WITHOUT WARRANTY OF ANY
- KIND. TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, RN FURTHER DISCLAIMS ALL
- WARRANTIES, INCLUDING WITHOUT LIMITATION
- ANY IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE, AND NONINFRINGEMENT. YOU ASSUME
- THE ENTIRE RISK ARISING OUT OF THE USE OR
- PERFORMANCE OF THE SOFTWARE AND
- DOCUMENTATION. SHOULD THE SOFTWARE PROVE
- DEFECTIVE, YOU ASSUME THE ENTIRE COST OF
- ALL NECESSARY REPAIR OR CORRECTION. RN
- SHALL NOT BE RESPONSIBLE FOR ANY DEFECT
- THAT RESULTS FROM YOUR ABUSE, MISUSE OR
- OTHER CONDUCT OR CONDITIONS OUTSIDE THE
- CONTROL OF RN. RN MAKES NO
- REPRESENTATION OR WARRANTY THAT THE
- INFORMATION OR FUNCTIONS CONTAINED IN THE
- SOFTWARE WILL MEET YOUR REQUIREMENTS OR
- THAT THE OPERATION OF THE SOFTWARE WILL
- BE UNINTERRUPTED, ERROR-FREE OR SECURE,
- OR THAT ANY SOFTWARE DEFECTS ARE
- CORRECTABLE OR WILL BE CORRECTED. IN
- ADDITION, ANY SECURITY MECHANISMS
- IMPLEMENTED BY THE SOFTWARE HAVE INHERENT
- LIMITATIONS, AND YOU MUST DETERMINE THAT
- THE SOFTWARE SUFFICIENTLY MEETS YOUR
- REQUIREMENTS.
-
- 5. LIMITATION OF LIABILITY. UNDER NO
- CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
- WHETHER IN TORT, CONTRACT OR OTHERWISE,
- SHALL RN OR ITS SUPPLIERS OR RESELLERS BE
- LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
- INDIRECT, SPECIAL, INCIDENTAL, OR
- CONSEQUENTIAL DAMAGES OF ANY CHARACTER
- ARISING OUT OF THE USE OF OR INABILITY
- TO USE THE SOFTWARE, THE DOCUMENTATION OR
- ANY OTHER ACCOMPANYING MATERIALS,
- INCLUDING, WITHOUT LIMITATION, DAMAGES
- FOR LOSS OF GOODWILL, WORK STOPPAGE,
- COMPUTER FAILURE OR MALFUNCTION, OR ANY
- AND ALL OTHER COMMERCIAL DAMAGES OR
- LOSSES, ARISING OUT OF THE USE OF OR
- INABILITY TO USE THE SOFTWARE, EVEN IF RN
- HAS BEEN INFORMED OF THE POSSIBILITY OF
- SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
- OTHER PARTY. FURTHER, IN NO EVENT SHALL
- RN'S LIABILITY UNDER ANY PROVISION OF
- THIS AGREEMENT EXCEED THE LICENSE FEE
- PAID TO RN FOR THE SOFTWARE. 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
- YOU.
-
- 6. INDEMNIFICATION. You agree to hold
- harmless, indemnify and defend RN, its
- officers, directors and employees, from
- and against any losses, damages, fines
- and expenses (including attorneys' fees
- and costs) arising out of or relating to
- any claims that you have encoded, copied,
- enabled the "Selective Record" feature,
- enabled the "Mobile Playback" feature, or
- copied, used, published, displayed, or
- transmitted any content or materials
- (other than materials provided by RN) in
- connection with the Software in violation
- of another party's rights. If you are
- importing the Software from the United
- States, you agree to indemnify and hold
- RN harmless from and against any import
- and export duties or other claims arising
- from such importation.
-
- 7. TERMINATION. This License Agreement is
- effective until terminated. You may
- terminate this License Agreement at any
- time by destroying all copies of the
- Software in your possessions or by
- returning all such copies to RN. This
- License Agreement and your right to use
- this Software automatically terminate if
- you fail to comply with any material
- provision of this License Agreement.
- Upon termination, you must stop all use
- of the Software and must destroy any
- copies that remain in your possession.
- Otherwise, the restrictions on your
- rights to use the Software will end upon
- expiration of the copyright to the
- Software.
-
- 8. MISCELLANEOUS. This License
- Agreement shall constitute the complete
- and exclusive agreement between us. This
- License Agreement may not be modified
- except in a writing duly signed by an
- authorized representative of RN and you.
- If any provision of this License
- Agreement is held to be unenforceable for
- any reason, such provision shall be
- reformed only to the extent necessary to
- make it enforceable, and such decision
- shall not affect the enforceability of
- such provision under other circumstances,
- or of the remaining provisions hereof
- under all circumstances. This License
- Agreement shall be governed by the laws
- of the State of Washington without regard
- to conflicts of law provisions and you
- consent to the exclusive jurisdiction of
- the state and federal courts sitting in
- the State of Washington. Any and all
- unresolved disputes arising under this
- License Agreement shall be submitted to
- arbitration in the State of Washington.
- The arbitration shall be conducted under
- the rules then prevailing of the American
- Arbitration Association. The award of
- the arbitrator shall be binding and may
- be entered as a judgment in any court of
- competent jurisdiction. 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.
-
- 9. U.S. GOVERNMENT RESTRICTED RIGHTS.
- This Software and documentation are
- provided with RESTRICTED RIGHTS. Use,
- duplication or disclosure by the
- Government is subject to restrictions set
- forth in subparagraphs (a) through (d) of
- the Commercial Computer Software--
- Restricted Rights at FAR 52.227-19 when
- applicable, or in subparagraph (c)(1)(ii)
- of the Rights in Technical Data and
- Computer Software clause at DFARS
- 252.227-7013, and in similar clauses in
- the NASA FAR supplement, as applicable.
- Manufacturer is RealNetworks, Inc./1111
- Third Avenue, Suite 2900/ Seattle,
- Washington, 98101. You 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)
- Cuba, Iran, Iraq, Libya, North Korea,
- Syria, Sudan or Angola or any other
- country to which the U.S. has embargoed
- goods; or (ii) to 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 you are agreeing to
- the foregoing and are representing and
- warranting that you are not located in
- under the control of a national or
- resident or resident of any such country
- or on any such list.
-
- Should you have any questions concerning
- this License Agreement, or if you desire
- to contact RealNetworks for any reason,
- please contact the RealNetworks
- distributor serving your country.
-
- Copyright (c) 1995-1998 RealNetworks,
- Inc. and/or its suppliers. 1111 Third
- Avenue, Suite 2900, Seattle, Washington
- 98101 U.S.A. All rights reserved.
- RealNetworks, RealEncoder, Real Audio and
- RealVideo are trademarks or registered
- trademarks of RealNetworks, Inc.
-
- RealEncoder 5.1 License Agreement (Pub.
- Date 1-24-98)
-
-