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realnetworks-realplayer-8-licence
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REDISTRIBUTION NOT PERMITTED
Software License for certain RealNetworks Products
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License
Agreement for certain RealNetworks Products ("License Agreement") is a
legal agreement between you (either an individual or an entity) and
RealNetworks, Inc. and its suppliers and licensors (collectively "RN")
for the RealNetworks software ("Software"). The Software may include
any of the following RealNetworks products including any combination of
such products and Beta versions of the products (collectively, "RN
Products"): RealPlayer 8 (basic version) and RealPlayer 8 Plus
(together, "RealPlayer"); RealJukebox 2 (basic version) and RealJukebox
2 Plus (together, "RealJukebox"); and RealDownload 4 (basic version),
RealDownload Express and RealDownload 4 Plus (together, "RealDownload").
You may install only ONE copy of the Software. By clicking on the
"Accept" button, installing, copying or otherwise using the Software,
you agree to be bound by the terms of this License Agreement. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL"
BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ
THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN, THAT MAY
BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF
YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE
GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF
WHICH WILL BE INSTALLED IN THE APPROPRIATE RN PRODUCT FOLDER ON YOUR
COMPUTER UPON INSTALLATION OF THE SOFTWARE. REALNETWORKS IS NOT
RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY
FOR YOUR USE OF THIRD PARTY SOFTWARE.
1. GRANT OF LICENSE. RN hereby grants to you a non-exclusive license to
use the Software and any related documentation ("Documentation") subject
to the following terms:
a) 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 and
archival purposes, provided any copy must contain all of the original
Software's proprietary notices.
b) The Software may include certain plug-in components ("Plug-Ins"),
including the ActiveX Control, Java plug-in, and RA XTRA plug-in. You
may only call to or otherwise use such Plug-Ins through the use of the
realplay, rcansplg.so.6.0, rpnp.so, rpnphelper, rcaembed.so.6.0,
rcacore.so.6.0, realplay.exe, nppl3260.dll, rmoc3260.dll, embd3260.dll,
rpcl3260.zip, tpasdk.dll, teasdk.dll, tsystray.exe, teamp3.dll,
tsasdk.dll, security.dll, or tpdmgr.dll applications. Any direct use of
Plug-Ins through a non-RN proprietary application, including a custom or
user-written application is prohibited by this Agreement.
c) RN may modify this License Agreement with respect to free versions of
the Software upon 14 days written notice to you, including notice via
the communications features described below.
2. LICENSE RESTRICTIONS.
a) 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 or archival purposes); (iv) rent, lease, transfer,
or otherwise transfer rights to the Software or Documentation; (v)
remove any proprietary notices or labels on the Software or
Documentation; or (vi) use the MP3 encoder in real time broadcasting
(terrestrial, satellite, cable or other media) or broadcasting via the
internet or other networks, such as, but not limited to, intranets. You
also may not use the RealJukebox MP3 encoder in pay-audio or
audio-on-demand applications. Any such forbidden use shall immediately
terminate your license to the Software. The recording, playback and
download features of the Software are intended only for use with
public-domain or properly licensed content and content creation tools.
You may require a patent, copyright, or other license from a third party
to create, copy, download, record or save content files for playback by
this Software or to serve or distribute such files to be played back by
the Software.
b) You agree that you shall only use the Software and Documentation in a
manner that complies with all applicable laws in the jurisdictions in
which you use the Software and Documentation, including, but not limited
to, applicable restrictions concerning copyright and other intellectual
property rights.
c) You may only use the Software for your private, non-commercial use.
You may not use the Software in any way to provide, or as part of, any
commercial service or application. Copies of content files, including,
but not limited to songs and other audio recordings, which are
downloaded or copied using the Software, and which are protected by the
copyright laws or related laws of any jurisdiction, are for your own
personal use only and may not be distributed to third parties or
performed outside your normal circle of family and social acquaintances.
d) You may not use the Software in an attempt to, or in conjunction
with, any device, program or service designed to circumvent
technological measures employed to control access to, or the rights in,
a content file or other work protected by the copyright laws of any
jurisdiction.
e) The Software embodies a serial copying management system required by
the laws of the United States. You may not circumvent or attempt to
circumvent this system by any means.
3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first copy
of the Software electronically and a second copy on physical media
(e.g., CD, diskette, etc.), 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.
4. BETA RELEASE VERSIONS. In the event that the Software is a beta
release version, the terms of this Section shall apply. Your license to
use the Software expires 120 days after installation (or such other
period as indicated by the Software) and the Software may cease to
function. The Software you are receiving may contain more or less
features than the commercial release of the RN Product that RN intends
to distribute. While RN intends to distribute a commercial release of
the Software, RN reserves the right at any time not to release a
commercial release of the Software or, if released, to alter features,
specifications, capabilities, functions, licensing terms, release dates,
general availability or other characteristics of the commercial release.
You agree that the Beta Release Versions are not suitable for production
use and may contain errors affecting their proper operation. You agree
that you will not do anything to circumvent or defeat the features
designed to stop the Software from operating after the license expires.
5. AUTOMATIC COMMUNICATIONS FEATURES.
a) The Software consists of interactive Internet applications which
perform a variety of communications over the Internet as part of their
normal operation. A number of communications features are automatic and
are enabled by default (for example, channel headline updates in
RealPlayer, and GetMusic updates in RealJukebox). Such automatic
communications features do not send any personally identifiable
information about you without your consent. Most automatic
communications features can be changed by you in User Preferences. By
installing and/or using the Software, you consent to the Software's
communications features. The Software also allows the use of Cookies,
similar to an Internet browser. This allows any website to set cookies
for you when you view any of the website's content through the Software,
unless you have disabled cookies. To learn more, visit the RealNetworks
Consumer Software Privacy Statement link on our website at
http://www.real.com. You are responsible for any telecommunications or
other connectivity charges incurred through your use of the Software.
b) The Software automatically communicates with RN's servers on the
Internet to check for updates to the Software, such as bug fixes,
patches, enhanced functions, and new versions. RN will notify you when
updates are available. If you decide to update, you agree that RN may
upload updates and install them as part of your Software. All such
updates to the Software are governed by this Agreement, unless other
license terms are provided with the update. Although RN uses encryption
technology to provide security for the autoupdate process, RN is not
responsible for the failure of such security measures. The autoupdate
function is not available for RealDownload.
c) RealDownload automatically and anonymously communicates with RN when
you install or uninstall it, and when you use it to download files from
the Internet. During these automatic communications, RN does not send
or receive any personally identifiable information about you without
your consent. These anonymous communications allow RN to count the
number of its RealDownload users, to provide advertising services, and
otherwise to provide a useful product and service and to plan for future
enhancements and services. When you download files using RealDownload,
it sends the name and URL of the file you are downloading along with
relevant product and Internet communication information to RN. This
information is sent so RN can display appropriate advertising, and for
aggregate, anonymous statistical analysis. RN does not associate file
downloads with individuals without express consent. Because RN works
through the use of a browser window, RN may set a cookie if you have
chosen to enable cookies in your browser. In the event the Software
contains a trial or free version of RealDownload, the advertisements may
only be removed through purchase of the RealDownload Plus, which is
available at http://www.real.com.
6. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs"). The Software may include
third party DRMs as Plug-in components which are subject to their own
license agreements. DRMs are designed to manage and enforce
intellectual property rights in digital content purchased over the
Internet. You may not take any action to circumvent or defeat the
security or content usage rules provided or enforced by either the DRM
or the Software. DRMs may be able to revoke your ability to use
applicable content. RN is not responsible for the operation of the DRM
in any way, including revocation of your content. RN is not responsible
for any communications to or from any third party DRM provider, or for
the collection or use of information by third party DRMs. You consent
to the communications enabled and/or performed by the DRM, including
automatic updating of the DRM without further notice, despite the
provisions of section 5(b). You agree to indemnify and hold harmless RN
for any claim relating to your use of a third party DRM.
7. 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 the content contained in the Software
media demonstration files shall be retained by the applicable content
owner and may be protected by applicable copyright or other law. This
license gives you no rights to such content.
8. WARRANTIES AND LIABILITIES.
(a) For the Plus versions of RN Products, the following terms apply:
LIMITED WARRANTY. RN 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.
RN does not warrant however that your use of the Software will be
uninterrupted or that the operation of the Software will be error-free
or secure. RN also warrants that the media containing the Software, if
provided by RN, is free from defects in material and workmanship and
will so remain for ninety (90) days from the date you acquire the
Software.
(i) No Other Warranties. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW RN AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY 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 you during the warranty period; if the media is subjected to
accident abuse or improper use; or if you violate the terms of this
License Agreement, 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 YOU
SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
(ii) Customer Remedies. RN's sole liability for a breach of this
warranty shall be in RN's sole discretion: (i) to replace your defective
media; or (ii) to advise you 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, you 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 RN either
shipped to you the repaired or replaced Software or advised you as to
how to operate the Software so as to achieve the functionality described
in the Documentation, whichever is applicable. Only if you inform RN of
the problem with the Software during the applicable warranty period and
provide evidence of the date you acquired the Software will RN be
obligated to honor this warranty.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL RN OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU 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 RN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES
OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL RN'S
LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE
PAID TO RN 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 YOU.
(b) For the Basic, trial, and Beta versions of RN Products, the
following terms apply:
DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE AND
DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN 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 RN OR ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, 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 RN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. RN's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT
EXCEED FIVE DOLLARS ($5.00). 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.
9. INDEMNIFICATION. This Software is intended for use only with
properly licensed media, content, and content creation tools. It is
your responsibility to ascertain whether any copyright, patent or other
licenses are necessary and to obtain any such licenses to serve and/or
create, compress or download such media and content. You agree to
record, play back and download only those materials for which you have
the necessary patent, copyright and other permissions, licenses, and/or
clearances. You agree to hold harmless, indemnify and defend RN, 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 you have (i) viewed, downloaded, encoded,
compressed, copied or transmitted any materials (other than materials
provided by RN) in connection with the Software in violation of another
party's rights or in violation of any law, or (ii) violated any terms of
this License Agreement. If you are importing the Software from the
United States, you shall indemnify and hold RN harmless from and against
any import and export duties or other claims arising from such
importation.
10. TERMINATION. This License Agreement will automatically terminate if
you fail to comply with any term hereof. No notice shall be required
from RN to effect such termination. You may also terminate this License
Agreement at any time by notifying RN in writing of termination. Upon
any termination of this License Agreement, you shall immediately
discontinue use of the Software and shall within three (3) days return
to RN, or certify destruction of, all full or partial copies of the
Software, documentation and related materials provided by RN. Your
obligation to pay accrued charges and fees shall survive any termination
of this License Agreement.
11. NO ASSIGNMENT. This Agreement is personal to you, and may not be
assigned without RN's express written consent. In the event that you
are an entity that merges with another entity or are acquired by another
entity during the Term, you shall provide written notice of such merger
or acquisition not later than the date on which any public announcement
is made. If RN does not consent to assignment of this Agreement to the
new or acquiring entity in such merger or acquisition, RN may terminate
this Agreement on thirty (30) days' written notice. Both parties shall
perform under this Agreement until such termination is effective.
12. TECHNICAL SUPPORT. Technical support for the Software, as made
available by RN, is described at RN's technical support website:
http://service.real.com.
13. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. U.S.
GOVERNMENT RESTRICTED RIGHTS: This Software and documentation are
provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer Software--Restricted Rights at
FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR supplement, as
applicable. Manufacturer is RealNetworks, Inc./2601 Elliott, Suite
1000/Seattle, Washington 98121. You are responsible for complying with
all trade regulations and laws both foreign and domestic. You
acknowledge that none of the Software or underlying information or
technology may be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North
Korea, Iran, Syria or any other country subject to a U.S. embargo; or
(ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Denied Parties
List or Entity List. By using the Software you are agreeing to the
foregoing and are representing and warranting that (i) no U.S. federal
agency has suspended, revoked, or denied you export privileges, (ii) you
are not located in or under the control of a national or resident of any
such country or on any such list, and (iii) you will not export or
re-export the Software to any prohibited county, or to any prohibited
person, entity, or end-user as specified by U.S. export controls.
14. MISCELLANEOUS. This License Agreement shall constitute the complete
and exclusive agreement between us, notwithstanding any variance with
any purchase order or other written instrument submitted by you, whether
formally rejected by RN or not. The acceptance of any purchase order is
you place is expressly made conditional on your consent to the terms set
forth herein. The terms and conditions contained in this License
Agreement may not be modified except in a writing duly signed by you and
an authorized representative of RN. If any provision of this License
Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable,
and such decision shall not affect the enforceability of such provision
under other circumstances, or of the remaining provisions hereof under
all circumstances. This License Agreement shall be governed by the laws
of the State of Washington, without regard to conflicts of law
provisions, and you hereby consent to the exclusive jurisdiction of the
state and federal courts sitting in the State of Washington. Any and
all unresolved disputes relating in any way to, or arising out of, the
Software, your use of the Software or this License Agreement shall be
submitted to arbitration in the State of Washington; except that, to the
extent that you have breached or have indicated your intention to breach
this License Agreement in any manner which violates or may violate RN's
intellectual property rights, or may cause continuing or irreparable
harm to RN (including, but not limited to, any breach that may impact
RN's intellectual property rights, or a breach by reverse engineering),
RN may seek injunctive relief, or any other appropriate relief, in any
court of competent jurisdiction. Any arbitration of a dispute under
this Agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award 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.
Copyright (c) 1995-2000 RealNetworks, Inc. and/or its suppliers. 2601
Elliott Ave., Suite 1000, Seattle, Washington 98121 U.S.A. All rights
reserved. RealNetworks, RealAudio, RealVideo, RealPlayer, RealJukebox,
RealDownload, RealMedia, and RealSystem are registered trademarks or
trademarks of RealNetworks, Inc.