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- REALNETWORKS LICENSE AGREEMENT
- AND WARRANTY DISCLAIMER
-
- REDISTRIBUTION OF SOFTWARE
- NOT PERMITTED
-
- License for RealNetworks, Inc.'s RealPlayer Product
-
- IMPORTANT -- READ CAREFULLY: By clicking on
- the "Accept" button or by opening the sealed package(s)
- containing the RealPlayer ("Software"), You agree to be
- and are hereby bound by the terms of this License
- Agreement ("Agreement"). If you do not agree to the
- terms of this Agreement, you must promptly destroy all
- copies of the Software and accompanying
- documentation ("Documentation").
-
- I. GRANT OF LICENSE:
-
- RealNetworks, Inc. and its suppliers and licensors
- ("RN") hereby grant you a non-exclusive license to use
- the Software and Documentation subject to the
- following terms:
-
- You 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; and (iii) copy the Software for back-up,
- archival purposes provided any copy must contain all of
- the original Software's proprietary notices.
-
- You 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) resell, 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.
-
- The Software includes certain plug-in components,
- including, but not limited to, an Active X Control, Java
- plug-in, and RA XTRA plug-in (collectively "Plug-Ins").
- You may install and use Plug-Ins solely as part of, and
- in conjunction with, HTML in a web browser. You may
- not use Plug-Ins in any other manner, including using
- Plug-Ins with any container application that is not a web
- browser. If you wish to use Plug-Ins in any way not
- specifically authorized in this section you must contact
- supportsdk@real.com for a separate license.
-
- II. SOFTWARE:
-
- If you receive 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 you 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 RN 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 any 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 you no rights to such content.
-
- IV. DISCLAIMER OF WARRANTY:
-
- THE SOFTWARE AND DOCUMENTATION ARE
- PROVIDED AS IS WITHOUT WARRANTY OF
- ANY KIND. TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW,
- REALNETWORKS 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 SOFTWARE AND DOCUMENTATION
- REMAINS WITH YOU. TO THE MAXIMUM
- EXTENT PERMITTED BY APPLICABLE LAW, IN
- NO EVENT SHALL REALNETWORKS 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 REALNETWORKS 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 YOU.
-
- V. TERMINATION:
-
- This license shall terminate automatically if you fail to
- comply with the limitations described in this Agreement.
- No notice shall be required from RN to effectuate such
- termination. On termination you 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
- RealNetworks, 1111 Third Avenue, Suite 2900, Seattle,
- Washington 98101. You acknowledge that none of the
- Software or underlying information or technology may
- be downloaded or otherwise exported or re-exported
- 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, you are agreeing to the foregoing, and are
- representing and warranting that you are not located in
- or under the control of a national 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 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 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.
-
- VIII. ENTIRE AGREEMENT:
-
- This Agreement constitutes the complete and exclusive
- agreement between RN and you 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 RN and you.
-
-
-
- RealPlayer 5.0 License Agreement (9-30-97)
-
-
-