home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
The Net Power 1997 March
/
NetPower_3-97.mdf
/
newtools
/
realau
/
raplay~2
/
License Agreement
< prev
next >
Wrap
Text File
|
1995-07-20
|
5KB
|
89 lines
LICENSE AGREEMENT FOR THE REALAUDIO PLAYER
Please read the following Agreement carefully.
Installation of the RealAudio Player is contingent on your (hereinafter "Recipient") agreement to the following terms:
1. GRANT OF LICENSE.
(a) 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.