Software License for RealNetworks RealProducer G2 Software
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 RN's RealProducer G2 software ("Software"). By clicking on the "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 "Cancel" button and/or do not install the Software.
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. RN SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES WHICH MAY OCCUR RESULTING FROM THE USE OF ANY THIRD PARTY SOFTWARE.
1. SOFTWARE OWNERSHIP: This is a license agreement and NOT an agreement for sale. 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 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 (a) make one copy of the Software solely for backup or archival purposes (in accordance with customary practices for such purpose), provided such copy must contain all of the original Software's proprietary notices, or (b) transfer the Software to a single hard disk, provided that you keep the original solely for backup or archival purposes. You may not copy the printed or electronically transmitted materials accompanying the Software. Your rights to use the Software are specified in this License Agreement, and RN retains all rights not expressly granted to you in this License Agreement. Nothing in this License Agreement constitutes a waiver of RN's rights under U.S. or international copyright law or any other federal or state law.
2. GRANT OF LICENSE: Subject to the provisions contained herein, RN hereby grants you a non-exclusive, non-transferable license to install and use ONE copy of the Software: (i) on any single computer; or (ii) on a second computer so long as the first and second computers are not used simultaneously. You may only copy the Software for back-up, archival purposes, provided any copy must contain all of the original Software's proprietary notices.
3. RESTRICTIONS ON USE: You may not: (i) permit other individuals to use the Software except under the terms listed in Section 2 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; (iii) copy the Software, and any documentation accompanying the Software (except for back-up purposes as stated in Section 2); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or accompanying documentation; (v) remove any proprietary notices or labels on the Software; or (vi) use the Software to encode, reproduce or copy any material or intellectual property you do not have the right to encode, reproduce, or copy.
4. HTTP STREAMING/TRADEMARK USAGE: This License Agreement also permits you to stream multimedia content encoded into one or more RN proprietary formats from an HTTP web server. If you do so, you agree to notify web page visitors, in a conspicuous manner, which publicly available files are in a proprietary RN format (e.g., RealAudio (.ra) or RealVideo (.rm)). Further, if you stream content from an HTTP web server, 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/company/guide/p olicy.html, and for the sole purpose of informing web page visitors that content is in an RN proprietary format. You agree that you shall not use any RN trademark in a way that may imply that you are an agency or branch of RN, or that RN endorses, is affiliated with, or sponsors you or your products. You also agree that you may not link directly to any media file or .ram file made available from the RN World Wide Website.
5. UPGRADES/SUPPORT: You shall not be entitled under this License Agreement to receive any updates, upgrades or corrections to the Software, nor any support services.
6. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY: The Software and documentation are provided on an "AS IS" basis, without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW RN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT, WITH REGARD TO THE SOFTWARE THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OFTHE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RN 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 EVEN IF RN SHALL HAVE BEEN INFORMED 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.
7. INDEMNIFICATION: This Software is intended for use only with properly licensed media, content and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any licenses to such media and content. You agree to use only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. 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, compressed, enabled the "Allow Recording" feature, enabled the "Allow Download" feature, or copied, used, published, displayed, or transmitted any content or materials (other than materials provided by RN specifically for your use) in connection with the Software in violation of another party's rights. If you are importing the Software from the United States, you shall indemnify and hold RN harmless from and against any import and export duties or other claims arising from such importation.
8. TERMINATION: This Agreement and your right to use this Software automatically terminate if you fail to comply with any material provision of this Agreement. RN may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License Agreement, you agree to destroy or erase the Software.
9. U.S. GOVERNMENT RESTRICTED RIGHTS: 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./2601 Elliott Avenue #1000/ Seattle, Washington, 98121. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
10. 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.
Copyright (c) 1995-1999 RealNetworks, Inc. and/or its suppliers. 2601 Elliott Avenue #1000, Seattle, Washington 98121 U.S.A. All rights reserved. RealNetworks, RealAudio, RealVideo, and RealProducer are trademarks of RealNetworks, Inc.
