Chip Hitware 6 A/CHIP_HITWARE6_A.iso/multimed/RealEncoder/realenc.exe/ENCLIC.TXT

Text File | 1998-02-10 | 13KB | 343 lines

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)