Magazyn WWW 1998 October/www_10_1998.iso/prog/w32/rp/rp32_50.exe/PLAYRLIC.TXT

Text File | 1997-10-02 | 7KB | 180 lines

REALNETWORKS LICENSE AGREEMENT
AND WARRANTY DISCLAIMER

REDISTRIBUTION OF SOFTWARE
NOT PERMITTED

License for RealNetworks, Inc.'s RealPlayer Product

IMPORTANT -- READ CAREFULLY: By clicking on
the "Accept" button or by opening the sealed package(s)
containing the RealPlayer ("Software"), You agree to be
and are hereby bound by the terms of this License
Agreement ("Agreement"). If you do not agree to the
terms of this Agreement, you must promptly destroy all
copies of the Software and accompanying
documentation ("Documentation").

I. GRANT OF LICENSE:

RealNetworks, Inc. and its suppliers and licensors
("RN") hereby grant you a non-exclusive license to use
the Software and Documentation subject to the
following terms:

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,
archival purposes provided any copy must contain all of
the original Software's proprietary notices.

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
purposes); (iv) resell, rent, lease, transfer, or otherwise
transfer rights to the Software or Documentation; or (v)
remove any proprietary notices or labels on the
Software or Documentation.

The Software includes certain plug-in components,
including, but not limited to, an Active X Control, Java
plug-in, and RA XTRA plug-in (collectively "Plug-Ins").
You may install and use Plug-Ins solely as part of, and
in conjunction with, HTML in a web browser.  You may
not use Plug-Ins in any other manner, including using
Plug-Ins with any container application that is not a web
browser. If you wish to use Plug-Ins in any way not
specifically authorized in this section you must contact
[e-mail] for a separate license.

II.  SOFTWARE:

If you receive the first copy of the Software
electronically and a second copy on media 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.

III. 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 any content
contained in the Software media demonstration files is
the property of the applicable content owner and may be
protected by applicable copyright or other law. This
license gives you no rights to such content.

IV. DISCLAIMER OF WARRANTY:

THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED AS IS WITHOUT WARRANTY OF
ANY KIND.  TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW,
REALNETWORKS 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 SOFTWARE AND DOCUMENTATION
REMAINS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL REALNETWORKS 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 REALNETWORKS 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 YOU.

V. TERMINATION:

This license shall terminate automatically if you fail to
comply with the limitations described in this Agreement.
No notice shall be required from RN to effectuate such
termination.  On termination you must destroy all copies
of the Software and Documentation.

VI. U.S. GOVERNMENT RESTRICTED RIGHTS
AND EXPORT RESTRICTIONS:

The Software 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
RealNetworks, 1111 Third Avenue, Suite 2900, Seattle,
Washington 98101. You acknowledge that none of the
Software or underlying information or technology may
be downloaded or otherwise exported or re-exported
into (or to a national or resident of) Angola, Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria, or any other
country to which the U.S. has embargoed goods; or
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
or under the control of a national or resident of any such
country or on any such list.

VII. GOVERNING LAW:

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 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.

VIII. ENTIRE AGREEMENT:

This Agreement constitutes the complete and exclusive
agreement between RN and you 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 RN and you.



RealPlayer 5.0 License Agreement (9-30-97)