.net 1998 May Disc 2/.net May 1998 disc 2.iso/ie401/r32msie4.exe/PLAYRLIC.TXT

Text File | 1997-07-10 | 6KB | 164 lines

LICENSE AGREEMENT FOR THE REALPLAYER


IMPORTANT -- READ CAREFULLY: By clicking
on the Next button or by opening the sealed
packet(s) to make and utilize copies of the
RealPlayer 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. 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.

V. 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.

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 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.

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 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.

VIII. 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.