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PLAYRLIC.TXT
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1997-06-14
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10KB
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234 lines
LICENSE AGREEMENT FOR THE
REALPLAYER PLUS
IMPORTANT -- READ CAREFULLY: By clicking on the
Next button or by opening the sealed packet(s) to
make and utilize copies of the RealPlayer Plus and
accompanying software ("Software") Licensee agrees
to be and is hereby bound by the terms of this License
Agreement ("Agreement"). If Licensee does not agree
to the terms of this Agreement, Licensee must promptly
destroy all copies of the Software and accompanying
documentation ("Documentation") and obtain a full
refund of any fees paid from Progressive Networks Inc.
I. GRANT OF LICENSE:
Progressive Networks Inc. ("PN") hereby grants to
Licensee a non-exclusive license to use the Software
and Documentation subject to the following terms:
Licensee 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; (iii)
copy the Software for back-up, archival purposes
provided any copy must contain all of the original
Software's proprietary notices.
Licensee 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) 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.
II. SOFTWARE:
If Licensee receives 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 Licensee 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 PN 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 is the property of the applicable content owner
and may be protected by applicable copyright or other
law. This license gives Licensee no rights to such
content.
IV. LIMITED WARRANTY:
PN 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. PN does not warrant
however that Licensee's use of the Software will be
uninterrupted or that the operation of the Software
will be error-free or secure. PN also warrants that
the media containing the Software if provided by PN
is free from defects in material and workmanship and
will so remain for ninety (90) days from the date
Licensee acquires the Software.
NO OTHER WARRANTIES: TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW PN AND
ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF
MERCHANTIBILITY 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 Licensee during the warranty period;
if the media is subjected to accident abuse or
improper use; or if Licensee violates the terms
of this license, 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 LICENSEE SPECIFIC LEGAL
RIGHTS. LICENSEE MAY HAVE OTHERS WHICH
VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
V. CUSTOMER REMEDIES:
PN's sole liability for any breach of this warranty
shall be in PN's sole discretion: (i) to replace
Licensee's defective media; or (ii) to advise Licensee
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,
Licensee 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 PN either shipped to Licensee the repaired
or replaced Software or advised Licensee as to how to
operate the Software so as to achieve the functionality
described in the Documentation whichever is applicable.
Only if Licensee informs PN of the problem with the
Software during the applicable warranty period and
provides evidence of the date Licensee acquired the
Software will PN be obligated to honor this warranty.
VI. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY WHETHER IN TORT CONTRACT OR
OTHERWISE SHALL PN OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO LICENSEE 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 ALLOTHER
COMMERCIAL DAMAGES OR LOSSES EVEN IF PN
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY
OTHER PARTY. FURTHER, IN NO EVENT SHALL PN'S
LIABILITY UNDER ANY PROVISION OF THIS
AGREEMENT EXCEED THE LICENSE FEE PAID TO PN
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 LICENSEE.
VII. INDEMNIFICATION
Licensee represents and warrants that it will utilize
the "Selective Record" feature only for data or content
for which Licensee has obtained all necessary clearances
and permissions, or for which the owner of such data or
content has expressly granted permission to record in
writing adjacent to such data or content on the owner's
website. Licensee assumes the entire risk resulting
from its breach of this warranty and agrees to hold
harmless indemnify and defend PN 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 the Licensee has recorded and/or
transmitted materials in violation of another
party's rights.
VIII. TERMINATION:
This license shall terminate automatically if Licensee
fails to comply with the limitations described in this
license. No notice shall be required from PN to
effectuate such termination. On termination Licensee
must destroy all copies of the Software and
Documentation.
IX. 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 (3)
52.227-19 as applicable. Manufacturer is Progressive
Networks 1111 Third Avenue Suite 2900 Seattle
Washington 98101. Licensee 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) 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 Licensee is agreeing to the
foregoing and is representing and warranting that
it is not located in under the control of a national
or resident or resident of any such country or on any
such list.
X. GOVERNING LAW:
This License Agreement shall be governed by the laws
of the State of Washington without regard to conflicts
of law provisions and Recipient consents to the
exclusive jurisdiction of the state and federal
courts sitting in the State of Washington. 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.
XI. ENTIRE AGREEMENT:
This agreement constitutes the complete and exclusive
agreement between PN and Licensee 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 Licensee.
THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY LICENSEE IS EXPRESSLY MADE
CONDITIONAL ON THE CONSENT OF
LICENSEE TO THE TERMS SET FORTH HEREIN.