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- LICENSE AGREEMENT FOR THE
- REALPLAYER PLUS
-
-
- IMPORTANT -- READ CAREFULLY: By clicking on
- the "Accept" button or by opening the sealed packet(s)
- to make and utilize copies of the RealPlayer Plus and
- accompanying software ("Software") Licensee agrees to
- be and is hereby bound by the terms of this License
- Agreement ("License Agreement"). If Licensee does
- not agree to the terms of this License Agreement,
- Licensee must promptly destroy all copies of the
- Software and accompanying documentation
- ("Documentation") and obtain a full refund of any fees
- paid from RealNetworks Inc.
-
- I. GRANT OF LICENSE:
-
- RealNetworks, Inc. and its suppliers and licensors
- ("RN") hereby grant to Licensee a non-exclusive license
- to use the Software and Documentation subject to 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 back-up,
- 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 and may
- not be transferred to or used by any other person. 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 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 Licensee no rights to such content.
-
- IV. 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 Licensee's 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 Licensee
- acquires the Software.
-
- 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 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 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 LICENSEE
- SPECIFIC LEGAL RIGHTS. LICENSEE MAY
- HAVE OTHERS WHICH VARY FROM
- STATE/JURISDICTION TO STATE/JURISDICTION.
-
- V. CUSTOMER REMEDIES:
-
- RN's sole liability for any breach of this warranty shall
- be in RN'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, if any, 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 RN 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, whichever
- is applicable. Only if Licensee informs RN of the
- problem with the Software during the applicable
- warranty period and provides evidence of the date
- Licensee acquired the Software will RN be obligated to
- honor this warranty.
-
- VI. 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
- 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 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 LICENSEE.
-
- VII. INDEMNIFICATION
-
- Licensee represents and warrants that it will utilize the
- "Selective Record" feature only for data or content for
- which Licensee has obtained all necessary clearances
- and permissions, or for which the owner of such data or
- content has expressly granted permission to record in
- writing adjacent to such data or content on the owner's
- website. Licensee assumes the entire risk resulting from
- its breach of this warranty and agrees 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 the Licensee
- has recorded and/or transmitted materials in violation of
- another party's rights.
-
- VIII. TERMINATION:
-
- This License Agreement shall terminate automatically if
- Licensee fails to comply with the limitations described in
- this license. No notice shall be required from RN to
- effectuate such termination. 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
- RealNetworks, 1111 Third Avenue, Suite 2900, Seattle,
- Washington 98101. Licensee acknowledges that none of
- the Software or underlying information or technology
- may be downloaded or otherwise exported or re-
- exported into (or to a national or resident of) Angola,
- Cuba, Iran, Iraq, Libya, North Korea, Sudan, 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, Licensee is agreeing to the
- foregoing, and is representing and warranting that it is
- not located in or under the control of a national or
- resident of any such country or on any such list.
-
- X. GOVERNING LAW:
-
- This License Agreement shall be governed by the laws
- of the State of Washington, without regard to conflicts
- of law provisions, and Recipient consents 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.
-
- XI. ENTIRE AGREEMENT:
-
- This License Agreement constitutes the complete and
- exclusive agreement between RN 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
- License Agreement may not be modified except in a
- writing duly signed by an authorized representative of
- RN 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.
-
-