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DOS/V Power Report 1997 October
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VPR9710A.ISO
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PLUGIN
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RAudio
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ra16_30.exe
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PLAYRLIC.TXT
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1996-11-03
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9KB
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231 lines
LICENSE AGREEMENT FOR THE REALAUDIO
PLAYER
IMPORTANT -- READ CAREFULLY: By clicking on
the Next button or by opening the sealed packet(s)
to make and utilize copies of the RealAudio Player
and accompanying software ("Software") Licensee
agrees to be 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 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 on 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 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. 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 audio
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.
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 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 hich ever 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.
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 then 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.
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 ALL OTHER
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 for
which Licensee has obtained all necessary
clearances and permissions. 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
attorney's 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. 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 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 you are agreeing to the foregoing
and you are representing and warranting that you are
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; ATTORNEYS FEES:
This agreement shall be governed by the laws of the
State of Washington and Licensee further consents
to jurisdiction by the state and federal courts sitting in
the State of Washington. If either PN or Licensee
employs attorneys to enforce any rights arising out of
or relating to this Agreement the prevailing party shall
be entitled to recover reasonable attorneys' fees.
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.