home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
linuxmafia.com 2016
/
linuxmafia.com.tar
/
linuxmafia.com
/
pub
/
linux
/
apps
/
licences
/
realnetworks-helix-producer-9-licence
< prev
next >
Wrap
Text File
|
2002-09-08
|
19KB
|
320 lines
REALNETWORKS, INC.
END USER LICENSE AGREEMENT
HELIX(tm) PRODUCER FROM REALNETWORKS(R)
REDISTRIBUTION NOT PERMITTED
Software License for Helix Producer 9
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License
Agreement for Helix Producer 9 from RealNetworks ("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 Helix Producer Basic 9 or Helix Producer Plus 9 software and
the applicable documentation (collectively, "Software"). You may install
only ONE copy of either version of the Software. By clicking on or
accepting the "I Accept" option below, or by 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 THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ
THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE SOFTWARE IS
INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY
SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY THE THIRD PARTY'S LICENSE
AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE
APPROPRIATE RN PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE
SOFTWARE. REALNETWORKS IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE
AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THE THIRD PARTY SOFTWARE.
1. GRANT OF LICENSE. RN hereby grants to you a non-exclusive license to
use the Software and any related documentation ("Documentation") subject
to the following terms:
a) 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 and archival purposes, provided any copy must contain all of the
original Software's proprietary notices.
b) RN may modify this License Agreement with respect to free
versions of the Software upon 14 days written notice to you, including
notice via the communications features described below.
c) RN further grants you a non-exclusive license to use the ActiveX
Control functionality contained in the Software, if any, for the sole
purposes of developing a Licensee Application and controlling the
Software through the ActiveX interfaces. A "Licensee Application" is a
software application that encodes and saves media files in a RN Media
File format. For the purposes of the license granted herein, "RN Media
File(s)" are defined as any data type which can be encoded in the .ra or
.rm file format including, without limitation, audio, video or other
media, as applicable. Notwithstanding anything to the foregoing, you
may not distribute the Licensee Application to any third parties in any
manner unless you have entered into a separate written agreement with
RN.
2. LICENSE RESTRICTIONS.
a) 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 or archival purposes); (iv) rent, lease, transfer,
or otherwise transfer rights to the Software or Documentation; (v)
remove any proprietary notices or labels on the Software or Do
cumentation; (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; (vii) use the Software to develop a Licensee
application that has the capability of streaming or playing a file
format or data type competitive to any RN file format or transcoding RN
Media Files into a competitive file format; or (viii) use the Software
to develop any computer software application which serves
media-on-demand media clips or live transmission ("live transmission" as
used herein as simultaneous encoding and transmission of material) over
any computer network. Any such forbidden use shall immediately
terminate your license to the Software.
b) You agree that you shall only use the Software and Documentation in a
manner that complies with all applicable laws in the jurisdictions in
which you use the Software and Documentation, including, but not limited
to, applicable restrictions concerning copyright and other intellectual
property rights.
c) You may not use the Software in an attempt to, or in conjunction
with, any device, program or service designed to circumvent
technological measures employed to control access to, or the rights in,
a digital media content file or other work protected by the copyright
laws of any jurisdiction.
d) The Software embodies a serial copying management system required by
the laws of the United States. You may not circumvent or attempt to
circumvent this system by any means.
3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first
copy of the Software electronically and a second copy on physical media
(e.g., CD, diskette, etc.), 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.
4. BETA RELEASE VERSIONS. In the event that the Software is a
beta, pre-release, or preview version, the terms of this Section shall
apply. Your license to use the Software expires 120 days after
installation (or such other period as indicated by the Software) and the
Software may cease to function. The Software you are receiving may
contain more or less features than the commercial release of the RN
Product that RN intends to distribute. While RN intends to distribute a
commercial release of the Software, RN reserves the right at any time
not to release a commercial release of the Software or, if released, to
alter features, specifications, capabilities, functions, licensing
terms, release dates, general availability or other characteristics of
the commercial release. You agree that the beta release versions are
not suitable for production use and may contain errors affecting their
proper operation. You agree that you will not do anything to circumvent
or defeat the features designed to stop the Software from operating
after the license expires.
5. 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.realnetworks.com/company/logos/policy.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.
6. TECHNICAL SUPPORT. Technical Support for the Software, as made
available by RN, is described at RN's technical support website:
http://service.real.com.
7. 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 the content contained in the
Software media demonstration files shall be retained by the applicable
content owner and may be protected by applicable copyright or other law.
This license gives you no rights to such content.
8. WARRANTIES AND LIABILITIES.
(a) For the Plus version of the Software, the following terms apply:
LIMITED WARRANTY. RN warrants that for a period of ninety (90) days
from the date of acquisition the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
RN does not warrant however that your use of the Software will be
uninterrupted or that the operation of the Software will be error-free
or secure. RN also warrants that the media containing the Software, if
provided by RN, is free from defects in material and workmanship and
will so remain for ninety (90) days from the date you acquire the Software.
(i) No Other Warranties. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW RN AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS
AND ANY ACCOMPANYING HARDWARE. If any modifications are made to the
Software by you during the warranty period; if the media is subjected to
accident abuse or improper use; or if you violate the terms of this
License Agreement, this warranty shall immediately terminate. This
warranty shall not apply if the Software is used on or in conjunction
with hardware or Software other than the unmodified version of hardware
and Software with which the Software was designed to be used as
described in the Documentation. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
(ii) Customer Remedies. RN's sole liability for a breach of this
warranty shall be in RN's sole discretion: (i) to replace your defective
media; or (ii) to advise you how to achieve substantially the same
functionality with the Software as described in the Documentation
through a procedure different from that set forth in the Documentation;
or (iii) if the above remedies are impracticable, to refund the license
fee, if any, you paid for the Software. Repaired, corrected or replaced
Software and Documentation shall be covered by this limited warranty for
the period remaining under the warranty that covered the original
Software or if longer for thirty (30) days after the date RN either
shipped to you the repaired or replaced Software or advised you as to
how to operate the Software so as to achieve the functionality described
in the Documentation, whichever is applicable. Only if you inform RN of
the problem with the Software during the applicable warranty period and
provide evidence of the date you acquired the Software will RN be
obligated to honor this warranty.
(iii) 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
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES EVEN IF RN SHALL HAVE 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 AND
DOCUMENTATION. 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.
9. 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.
10. 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.
11. NO ASSIGNMENT. This Agreement is personal to you, and may not
be assigned without RN's express written consent. In the event that you
are an entity that merges with another entity or are acquired by another
entity during the Term, you shall provide written notice of such merger
or acquisition not later than the date on which any public announcement
is made. If RN does not consent to assignment of this Agreement to the
new or acquiring entity in such merger or acquisition, RN may terminate
this Agreement on thirty (30) days' written notice. Both parties shall
perform under this Agreement until such termination is effective.
12. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.
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, Suite
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.
13. MISCELLANEOUS. This License Agreement shall constitute the
complete and exclusive agreement between us, notwithstanding any
variance with any purchase order or other written instrument submitted
by you, whether formally rejected by RN or not. The acceptance of any
purchase order is you place is expressly made conditional on your
consent to the terms set forth herein. The terms and conditions
contained in this License Agreement may not be modified except in a
writing duly signed by you and an authorized representative of RN. 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 hereby consent to
the exclusive jurisdiction of the state and federal courts sitting in
the State of Washington. Any and all unresolved disputes relating in
any way to, or arising out of, the Software, your use of the Software or
this License Agreement shall be submitted to arbitration in the State of
Washington; except that, to the extent that you have breached or have
indicated your intention to breach this License Agreement in any manner
which violates or may violate RN's intellectual property rights, or may
cause continuing or irreparable harm to RN (including, but not limited
to, any breach that may impact RN's intellectual property rights, or a
breach by reverse engineering), RN may seek injunctive relief, or any
other appropriate relief, in any court of competent jurisdiction. Any
arbitration of a dispute under this Agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The
arbitrator's award 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 wh ich is hereby
expressly excluded.
Copyright (c) 1995-2002 RealNetworks, Inc. and/or its suppliers. 2601
Elliott Avenue, Suite 1000, Seattle, Washington 98121 U.S.A. The
Software may incorporate one or more of the following patents: U.S.
Patent #5,917,835; U.S. Patent # 5,854,858; U.S. Patent # 5,917,954.
Other U.S. patents pending. All rights reserved. RealNetworks, Helix,
RealAudio, and RealVideo are trademarks or registered trademarks of
RealNetworks, Inc.
Helix Producer 7-8-02 mss