Internet Magazine 1998 July/Internet Magazine July 1998.iso/pc/software/mac/multimedia/realencoder/rencppc50.hqx/RealEncoder Installer/License Agreement

Text File | 1997-12-16 | 11.4 KB | 265 lines | [TEXT/ttxt]

REALNETWORKS LICENSE AGREEMENT AND
WARRANTY DISCLAIMER
REDISTRIBUTION OF SOFTWARE NOT
PERMITTED
___________________________________________
License for RealNetworks' Encoder Product, Version 5.0

IMPORTANT -- READ CAREFULLY:  This
RealNetworks License Agreement ("License
Agreement") is a legal agreement between you (either an
individual or an entity) and RealNetworks, Inc. and it's
suppliers and licensors (collectively "RN") for the RN
Encoder software product, which includes computer
software and associated media and printed materials,
whether provided in physical form or received on-line in
electronic form ("Software").  By clicking on the "I
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 "I Do Not Accept"
button and do not install the Software.
_____________________________________________
_____________________________________________
__

This Software and the Documentation is proprietary to
RN, and is protected by the copyright and other
intellectual property laws of the United States and
international treaties.  The Software is licensed, not sold.

1.  GRANT OF LICENSE.   Subject to the provisions
contained in this License Agreement, RN hereby grants
you a non-exclusive, non-transferable, perpetual,
worldwide license to install and use the Software
according to the following terms and conditions:

(a)    Installation/Use.  This License permits you to
install one copy of the on a single computer containing
one or more central processing units ("CPU's").  You
may use your installed copy of the Software to lawfully
encode audio or video content into RN's RealAudio(.ra)
or RealVideo (.rv) format ("Encoded Content").

(b)    HTTP Streaming/Trademark Usage.  This
License also permits you to embed Encoded Content into
HTML web pages for the purpose of streaming such
Encoded Content from an HTTP web server ("HTTP
Streaming"). If you make Encoded Content available for
HTTP Streaming, you agree to notify web page visitors,
in a conspicuous manner, which files are available in the
RealAudio or RealVideo format.   Further, if you embed
Encoded Content for HTTP Streaming, RN hereby
grants you a non-exclusive, limited license to use, and
you agree that you shall always use, RN's trademarks in
accordance with RN's Trademark and Logo Usage
Policy at
http://www.real.com/corporate/logos/policy.html., and
for the sole purpose of informing web page visitors that
Encoded Content is in RN's RealAudio or RealVideo
format.  You agree that you shall not use any RN
trademark in a way which may imply that you are an
agency or branch of RN.  You agree that you shall not
use any RN trademark in a way which may imply that
RN endorses, is affiliated with, or sponsors you or your
products without RN's express written permission.  You
also agree that you may not link directly to any media
file or .ram file made available from the RN website.

(c)    Restrictions on Transfer.  Except as otherwise
expressly allowed under this agreement, you shall not
rent, lease, sell, sublicense, assign, pledge, encumber or
otherwise transfer the Software.  Any party authorized
by RN to use or receive the Software must agree to be
bound by, and Recipient agrees to inform all users of the
Software of, the terms and conditions of this License
Agreement  RN reserves the right to withhold such
authorization for any reason.

2.    OTHER RIGHTS AND LIMITATIONS. Dual-
Media Software. If you receive the Software in more
than one medium (e.g., by electronic distribution and on
CD-ROM), regardless of the type or size of medium you
receive, you may use only one medium that is
appropriate for your single computer.  You may not use
or install the other medium on another computer.  You
may not loan, rent, lease, grant a security interest in, or
otherwise transfer the other medium to another user. No
Copying.  You may not copy the Software or any
accompanying documentation, except that you may
make a single copy of the software for archival purposes
only, provided such copy must contain all of the original
Software's proprietary notices.  No Modifications or
Reverse Engineering. You may not remove any
proprietary notices or labels from the Software, and you
may not modify, translate, reverse engineer, decompile
or disassemble (except to the extent that this restriction
is expressly prohibited by applicable law), or create
derivative works based on the Software.
Rental/Transfer.  You may not rent, lease, sell or transfer
the Software or documentation without RN's express
written consent, which RN may withhold in its
discretion. Reservation of Rights.  All rights not
expressly granted to you are reserved to RN.

3.  TITLE.  The Software is licensed, not sold.  Title,
ownership rights and intellectual property rights in and
to the Software (including any images, animations,
video, audio, music, and text incorporated into the
Software), accompanying printed materials, and any
copies you are expressly permitted to make herein are
owned by RN or its suppliers and are protected by
United States copyright law and international treaty
provisions. You may not copy the printed materials
accompanying the Software.

4. DISCLAIMER OF WARRANTY.  THE SOFTWARE
IS 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.  YOU ASSUME THE ENTIRE
RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE AND
DOCUMENTATION.  SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY REPAIR OR
CORRECTION.  RN SHALL NOT BE RESPONSIBLE
FOR ANY DEFECT THAT RESULTS FROM YOUR
ABUSE, MISUSE OR OTHER CONDUCT OR
CONDITIONS OUTSIDE THE CONTROL OF RN.
RN MAKES NO REPRESENTATION OR
WARRANTY THAT THE INFORMATION OR
FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, OR
THAT ANY SOFTWARE DEFECTS ARE
CORRECTABLE OR WILL BE CORRECTED.  IN
ADDITION, ANY SECURITY MECHANISMS
IMPLEMENTED BY THE SOFTWARE HAVE
INHERENT LIMITATIONS, AND YOU MUST
DETERMINE THAT THE SOFTWARE
SUFFICIENTLY MEETS YOUR REQUIREMENTS.

5.  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 ARISING OUT OF THE USE
OF OR  INABILITY TO USE THE SOFTWARE, THE
DOCUMENTATION OR ANY OTHER
ACCOMPANYING MATERIALS, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF RN HAS 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.  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.

6.  INDEMNIFICATION. 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 encoded,
copied, enabled the "Selective Record" feature, or
transmitted any materials (other than materials provided
by RN) in connection with the Software in violation of
another party's rights.  If you are importing the Software
from the United States, you agree to indemnify and hold
RN harmless from and against any import and export
duties or other claims arising from such importation.

7.  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. Upon termination, you agree to
destroy all copies of the Software and its documentation.

8.  MISCELLANEOUS.  This License Agreement shall
constitute the complete and exclusive agreement
between us. This License Agreement may not be
modified except in a writing duly signed by an
authorized representative of RN and you.  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
consent to the exclusive jurisdiction of the state and
federal courts sitting in the State of Washington. Any
and all unresolved disputes arising under this License
Agreement shall be submitted to arbitration in the State
of Washington.  The arbitration shall be conducted under
the rules then prevailing of the American Arbitration
Association.  The award of the arbitrator 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.

9.  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./1111 Third Avenue, Suite 2900/
Seattle, Washington, 98101.  You 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,
Iran, Iraq, Libya,  North Korea, Syria, Sudan or Angola
or any other country to which the U.S. has embargoed
goods; or (ii) to 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 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.

Should you have any questions concerning this License
Agreement, or if you desire to contact RealNetworks for
any reason, please contact the RealNetworks distributor
serving your country.

Copyright (c) 1995-1997 RealNetworks, Inc. and/or its
suppliers.  1111 Third Avenue, Suite 2900, Seattle,
Washington 98101 U.S.A.  All rights reserved.
RealNetworks, Real Audio and RealVideo are
trademarks or registered trademarks of RealNetworks,
Inc.

RealEncoder 5.0 License Agreement (Pub. Date 10-6-
97)