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- RealAudio Player License Agreement
-
- LICENSE AGREEMENT FOR THE REALAUDIO PLAYER
-
- Use of the RealAudio Player is contingent on your (hereinafter
- "Recipient") agreement to the following terms:
-
- 1. GRANT OF LICENSE.
-
- Progressive Networks, (PN) grants to Recipient a limited,
- non-exclusive, nontransferable, royalty-free license to use one copy
- of the executable code of the Product software on a single CPU
- residing on Recipient's premises. All other rights are reserved to PN.
- Recipient shall not rent, lease, sell, sublicense, assign, or
- otherwise transfer the Product, including any accompanying printed
- materials. Recipient may not reverse engineer, decompile or
- disassemble the Product except to the extent that this restriction is
- expressly prohibited by applicable law. PN and its suppliers shall
- retain title and all ownership rights to the Product.
-
- 2. PRODUCT MAINTENANCE.
-
- PN is not obligated to provide maintenance or updates to Recipient for
- the Product. However, any maintenance or updates provided by PN shall
- be covered by this Agreement.
-
- 3. 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.
-
- 4. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.
-
- The Product 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,
- 616 First Avenue, Suite 701, Seattle, Washington 98104-2258. Recipient
- acknowledges that the Product licensed hereunder is subject to the
- export control laws and regulations of the U.S.A., and any amendments
- thereof. Recipient confirms that with respect to the Product, it will
- not export or re-export it, directly or indirectly, either to (i) any
- countries that are subject to U.S.A. export restrictions (currently
- including, but not necessarily limited to, Cuba, the Federal Republic
- of Yugoslavia (Serbia and Montenegro), Haiti, Iran, Iraq, Libya, North
- Korea, South Africa (military and police entities), and Syria); (ii)
- any end user who Recipient knows or has reason to know will utilize
- them in the design, development or production of nuclear, chemical or
- biological weapons; or (iii) any end user who has been prohibited from
- participating in the U.S.A. transactions by any federal agency of the
- U.S.A. government. Recipient further acknowledges that the Product
- may include technical data subject to export and re-export
- restrictions imposed by U.S.A. law.
-
- 5. GOVERNING LAW; ATTORNEYS FEES.
-
- This Agreement shall be governed by the laws of the State of
- Washington and Recipient further consents to jurisdiction by the state
- and federal courts sitting in the State of Washington. If either PN or
- Recipient employs attorneys to enforce any rights arising out of or
- relating to this Agreement, the prevailing party shall be entitled to
- recover reasonable attorneys' fees.
-
- 6. ENTIRE AGREEMENT.
-
- This Agreement constitutes the complete and exclusive agreement
- between PN and Recipient 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 Recipient.
-
-
- Copyright 1995, 1996 Progressive Networks Inc.
- http://www.realaudio.com
-