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2001_Demo_Real.com_Realnetworks.com_March_2001_Realnetworks.iso
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4031-02-22-RealServer8.lic
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2001-02-27
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<LicenseKeyDefinition>
<!-- Warning: Do not Edit this file! Editing this file will -->
<!-- invalidate your Real Server License Key. -->
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<List Name="Definition">
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<LicenseText>
REALNETWORKS, INC.
END USER LICENSE AGREEMENT
REALSYSTEM(r) SERVER 8 BASIC
REDISTRIBUTION NOT PERMITTED
Software License for
RealSystem Server 8 Basic (25
Streams)
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
its suppliers and licensors
(collectively "RN") for RN's
RealSystem Server 8 Basic,
which includes computer
software and associated media
and printed materials,
whether provided in physical
form or received on-line in
electronic form ("Software").
You may install only ONE
copy of the 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 "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 NON-RN PLUG-IN,
THAT MAY BE PROVIDED WITH THE
SOFTWARE IS INCLUDED FOR USE
AT YOUR OPTION. IF YOU
CHOOSE TO USE SUCH SOFTWARE,
THEN SUCH USE SHALL BE
GOVERNED BY SUCH THIRD
PARTY'S LICENSE AGREEMENT, AN
ELECTRONIC COPY OF WHICH WILL
BE INSTALLED IN THE "LICENSE"
FOLDER UNDER THE DIRECTORY ON
YOUR COMPUTER IN WHICH YOU
CHOOSE TO INSTALL THE
SOFTWARE.
1. SOFTWARE OWNERSHIP. This
is a license agreement and
NOT an agreement for sale.
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 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 (a) make
one copy of the Software
solely for backup or archival
purposes (in accordance with
customary practices for such
purpose), provided such copy
must contain all of the
original Software's
proprietary notices, or (b)
transfer the Software to a
single hard disk, provided
you keep the original solely
for backup or archival
purposes. You may not copy
the printed or electronically
transmitted materials
accompanying the Software.
Your rights to use the
Software are specified in
this License Agreement, and
RN retains all rights not
expressly granted to you in
this License Agreement.
Nothing in this License
Agreement constitutes a
waiver of RN's rights under
U.S. or international
copyright law or any other
federal or state law.
2. GRANT OF LICENSE.
Subject to the provisions
contained herein, RN hereby
grants you a non-exclusive,
non-transferable license to
install and use the version
of the Software specified by
your server license key.
(a) Installation. You
may install ONLY ONE COPY of
the Software on a single
computer containing one or
more central processing units
("CPU's"). Only one free
License is allowed per
individual (or the entity or
company for whom any
individual has downloaded the
Software).
(b) Use. You may use
your installed copy of the
Software to deliver to
End-User client computers the
number of Streams
specifically enabled by the
Server License Key that
accompanies the Software. A
"Stream" means the stream of
digitally encoded data that
delivers a digital media type
(e.g., RealAudio, RealVideo,
Mp3, etc.) to a single
end-user client computer.
The number of Streams
delivered by a given Host
Computer is measured by
counting the number of
End-Users simultaneously
served by Streams originating
at that Host Computer. If
you wish to deliver
additional Streams, you must
purchase a Software License
Key upgrade from RN. You may
only serve the media types
that are authorized by your
Server License Key.
(c) Educational
Institutions Only. If you
are an accredited educational
institution that provides
primary, collegiate, or
graduate education
("Educational Institution"),
and you have licensed the
Software for use in
connection with such
Educational Institution, you
may additionally: (i) install
the Software on a computer
acting as network server to
deliver multimedia content;
(ii) enable authorized
individuals within the
Educational Institution to
access the Software, subject
to the terms and conditions
contained herein; (iii) use
the Software to deliver
multimedia content in
connection with the
Educational Institution's
activities, including but not
limited to classroom
instruction; and (iv) use the
Software to serve Streams in
conjunction with any public
worldwide Website of the
Educational Institution.
(d) Attribution. You
must indicate which publicly
available files are in the
RealAudio (.ra) or RealVideo
(.rm). 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.realnetworks.com/co
mpany/guide/policy.html and
for the sole purpose of
informing Website visitors
that RealAudio or RealVideo
content is available at your
Website. You agree that
shall not use any RN
trademark in a way that 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.
(e) Use of GUIDs and
Cookies. If you enable the
Software to utilize any
global unique identifiers
(GUIDs) and/or cookies placed
in or contained in the
RealPlayer or other RN
product, RN recommends and
encourages you to prominently
disclose such use to your end
users and customers and
obtain consent to use such
GUIDs and/or cookies from
your end users and customers,
and give each end user and
customer the opportunity to
opt out of your use of GUIDs
and/or cookies with respect
to each such end user or
customer. 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 inappropriately used
GUIDs and/or cookies.
3. LIMITATIONS OF YOUR
LICENSE. No Resale. YOU MAY
NOT, UNDER ANY CIRCUMSTANCES,
RESELL, SUBLICENSE OR DELIVER
THE SOFTWARE OR STREAMS ON A
STAND-ALONE BASIS TO ANY
THIRD PARTY. IF YOU DESIRE
TO RESELL THE SOFTWARE PLEASE
CONTACT RN REGARDING
PARTICIPATING IN ITS RESELLER
PROGRAM. Notice to Users.
You agree to inform all users
of the Software, other than
End Users receiving Streams,
of the terms of this License
Agreement. Dual-Media
Software. You may 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 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
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.
Audit Rights. You shall
permit RN to audit your
compliance with this License
Agreement, as RN deems
reasonably necessary.
Reservation of Rights. All
rights not expressly granted
to you are reserved to RN.
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. UPGRADES/SUPPORT. You
shall not be entitled under
this License Agreement to
receive any updates,
upgrades, or corrections to
the Software, nor any support
services.
6. DISCLAIMER OF
WARRANTIES/LIMITATION 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.
7. 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 or compress such media
and content. You agree to
transmit and/or compress 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 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. 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.
8. TERMINATION. This
Agreement and your right to
use this Software
automatically terminate if
you fail to comply with any
material provision of this
Agreement. RN may terminate
this License at any time by
delivering notice to you and
you may terminate this
License at any time by
destroying or erasing your
copy of the Software. Upon
termination of this License
Agreement, you agree to
destroy or erase the
Software.
9. 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.
10. U.S. GOVERNMENT
RESTRICTED RIGHTS. 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.
11. 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.
Patents Pending. All rights
reserved. RealNetworks,
RealServer, RealPlayer,
RealAudio, RealVideo, and
RealSystem are trademarks or
registered trademarks of
RealNetworks.
RealSystem Server 8 Basic
12-19-00 wcw
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