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PLAYRLIC.TXT
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1995-12-04
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5KB
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84 lines
Please read the following Agreement carefully. To accept the agreement and install
RealAudio, select the "Accept" button at the bottom of the page. To cancel and
not install RealAudio, select the "Exit" button.
LICENSE AGREEMENT FOR THE REALAUDIO PLAYER
Installation of the RealAudio Player is contingent on your (hereinafter
"Recipient") agreement to the following terms:
1. GRANT OF LICENSE.
Progressive Networks, (PN) grants to Recipient a limited, non-exclusive,
nontransferable, royalty-free license to use two copies of the executable
code of the Product software on two CPU residing on Recipient's
premises, provided they are not used simultaneously. All other rights are
reserved to PN. Recipient shall not rent, lease, sell, sublicense, assign,
or otherwise transfer the Product, including any accompanying printed
materials. Recipient may not reverse engineer, decompile or disassemble
the Product except to the extent that this restriction is expressly
prohibited by applicable law. PN and its suppliers shall retain title and
all ownership rights to the Product.
2. PRODUCT MAINTENANCE.
PN is not obligated to provide maintenance or updates to Recipient for
the Product. However, any maintenance or updates provided by PN shall be
covered by this Agreement.
3. 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.
4. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.
The Product 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, 616 First Avenue,
Suite 701, Seattle, Washington 98104-2258. Recipient acknowledges that
the Product licensed hereunder is subject to the export control laws and
regulations of the U.S.A., and any amendments thereof. Recipient
confirms that with respect to the Product, it will not export or
re-export it, directly or indirectly, either to (i) any countries that
are subject to U.S.A. export restrictions (currently including, but not
necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia
and Montenegro), Haiti, Iran, Iraq, Libya, North Korea, South Africa
(military and police entities), and Syria); (ii) any end user who
Recipient knows or has reason to know will utilize them in the design,
development or production of nuclear, chemical or biological weapons; or
(iii) any end user who has been prohibited from participating in
the U.S.A. transactions by any federal agency of the U.S.A. government.
Recipient further acknowledges that the Product may include technical
data subject to export and re-export restrictions imposed by U.S.A. law.
5. GOVERNING LAW; ATTORNEYS FEES.
This Agreement shall be governed by the laws of the State of Washington
and Recipient further consents to jurisdiction by the state and federal
courts sitting in the State of Washington. If either PN or Recipient
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.
6. ENTIRE AGREEMENT.
This Agreement constitutes the complete and exclusive agreement between
PN and Recipient 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 Recipient.