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PLAYRLIC.TXT
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1997-02-09
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6KB
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166 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) Cuba Iraq Libya
Yugoslavia North Korea Iran 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. If either PN or Licensee employees attorneys
to enforce any rights arising out of this Agreement, the
prevailing party shall be entitled to recover reasonable
attorneys' fees.
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.