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authorSeemant Kulleen <seemant@gentoo.org>2003-03-27 10:38:02 +0000
committerSeemant Kulleen <seemant@gentoo.org>2003-03-27 10:38:02 +0000
commit9552681d51ce872de818ee65a581b007b2afa57e (patch)
tree03afd395df75a24f9e1267990b92ca96b43c4560 /licenses
parentcleanup (diff)
downloadhistorical-9552681d51ce872de818ee65a581b007b2afa57e.tar.gz
historical-9552681d51ce872de818ee65a581b007b2afa57e.tar.bz2
historical-9552681d51ce872de818ee65a581b007b2afa57e.zip
added license for RealOne player
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+
+REALNETWORKS, INC.
+END USER LICENSE AGREEMENT
+REALNETWORKS PRODUCTS
+
+REDISTRIBUTION NOT PERMITTED
+
+Software License for 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" or
+"RealNetworks") for the RealNetworks
+software ("Software"). The Software may
+include any of the following
+RealNetworks products including any
+combination of such products and Alpha,
+Beta, trial and pre-release versions of
+the products (collectively, "RN
+Products"): RealONE (basic version) and
+RealONE Plus (together, "RealONE
+Player"). 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 TO BE BOUND BY THE "TERMS OF
+SERVICE FOR GOLDPASS AND REALONE
+SERVICES" ATTACHED HERETO AS EXHIBIT A.
+
+PERSONAL INFORMATION YOU PROVIDE TO
+REALNETWORKS IS GOVERNED BY THE
+REALNETWORKS PRIVACY POLICY AT
+http://www.realnetworks.com/company/privacy/index.html
+
+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, chinembed.so.6.0,
+nprealplayer.so, 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. ALPHA RELEASE VERSIONS. In the event
+that the Software is a alpha release
+version, the terms of this Section shall
+apply. Your license to use the Software
+expires 45 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 alpha 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. BETA RELEASE OR PRE-RELEASE VERSIONS.
+In the event that the Software is a beta
+release or pre-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 or pre-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.
+
+6. AUTOMATIC COMMUNICATIONS FEATURES.
+
+a) The Software consists of interactive
+Internet applications that 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. By installing and/or using
+the Software, you consent to the
+Software's communications features.
+Once you log into the Software, user
+information including your user id will
+be sent in communications with RN's
+servers. This information is used to
+access your regular account, premium
+content, non-premium content, services,
+features, and other personalized
+services. RN may match the user id to
+personally identifiable information in
+order to provide you with products,
+services, and software that you're
+entitled to and to provide you with
+relevant information. You are
+responsible for any telecommunications
+or other connectivity charges incurred
+through use of the Software.
+
+b) Cookies: 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. If you
+have disabled cookies, you may be asked
+to login each time you access premium
+software features and services and some
+RealONE services may not function
+properly. To learn more, visit the
+RealNetworks Privacy Policy link on our
+website at
+http://www.realnetworks.com/company/privacy/index.html.
+
+c) AutoUpdate: The Software, using
+AutoUpdate, 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. AutoUpdate
+can also run independently of the
+Software to perform background update
+checks. RN may download updates during
+the background checks, when the Software
+automatically communicates with RN's
+servers, when you manually check for
+updates, or when the Software detects a
+file it cannot access. You agree that RN
+may download updates and install them as
+part of your Software. If you prefer to
+be notified when an auto-update is
+performed, follow these steps: On the
+Menu, select Preferences, AutoUpdate,
+and then de-select "Automatically
+download and install software updates."
+All such updates to the Software are
+governed by this Agreement, unless other
+license terms are provided with the
+update. Although RN uses authentication
+technology to provide security for the
+AutoUpdate process, RN is not
+responsible for the failure of such
+security measures.
+
+d) Message Center: The Software, using
+Message Center, automatically
+communicates with RN's servers to check
+for new important messages, including
+software updates and service bulletins.
+Message Center can also run
+independently of the Software to perform
+background new message checks. The
+Software is set by default to show
+message headlines and to check for
+messages once or twice a week. You can
+change the way messages are displayed
+and the frequency messages are checked
+by following these steps: On Menu,
+select View, and then Message
+Center. The Message Center dialog
+appears. On Menu, select Delivery
+Preferences and select the desired
+preferences. If you sign up for services
+that send messages more frequently than
+the frequency you have selected, your
+frequency selection may be
+overridden. The Software is set by
+default to check for messages. The first
+time you use the Software, you will be
+sent a Welcome Message that will
+describe how to opt-out of receiving
+Special Offers messages and how to
+opt-in to receive other personalized
+messages, depending on your categories
+of interest. Receipt of upgrade
+information is not optional. To learn
+more, visit the RealNetworks Privacy
+Policy link on our website at
+http://www.realnetworks.com/company/privacy/index.html.
+
+7. SCHEDULER. The Scheduler,
+evntsvc.exe, is installed along with the
+Software. Once installed, it runs
+independently of the Software. The
+Scheduler does not collect personal
+information or communicate with RN's
+servers. It is used to remind
+Auto-Update and Message Center to
+perform their tasks at pre-scheduled
+intervals. The Scheduler is also used to
+automatically launch RN's Media Type
+Helper. The Media Type Helper ensures
+the system is configured for correct
+operation of the Software with
+Multi-Purpose Internet Mail Extensions
+("MIME") types, file extensions,
+Internet protocols and other media
+types. If a media type has been assigned
+a different action by a different
+application, Media Type Helper may
+override the association and substitute
+its own association.
+
+
+8. DIGITAL RIGHTS MANAGEMENT
+SYSTEMS ("DRMs").
+
+a) The Software includes a DRM called
+the RealSystem Media Commerce Update
+Software ("Media Commerce Software") and
+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 third party 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 AutoUpdate
+defined in Section 6(c). You agree to
+indemnify and hold harmless RN for any
+claim relating to your use of a third
+party DRM.
+
+b) The Media Commerce Software allows
+you to receive and playback content that
+has been digitally secured by a content
+provider. The Media Commerce Software
+interacts with your computer in the
+following ways: 1. Hardware information:
+In order to download the appropriate
+software, RealONE Player must send
+certain anonymous information about the
+hardware on your computer to the
+RealNetworks download server. Once the
+software is installed, information about
+your hardware will not be stored on any
+server. Hardware information will also
+be sent for content passes, as described
+below. 2. Content passes: When
+obtaining passes for playback of content
+(such as a music or video file) in
+RealONE Player, information about your
+specific Media Commerce Software
+installation and hardware will be sent
+to the content provider for inclusion in
+the pass. This installation and
+hardware information will be scrambled a
+different way each time it is sent,
+usable only for inclusion in your pass.
+3. Personal information: Media Commerce
+Software will not associate itself with
+any personal information in RealONE
+Player or anywhere else on your
+computer. RealNetworks' use of any
+personal information is governed by the
+RealNetworks privacy policy
+(http://www.realnetworks.com/company/privacy/index.html).
+RealNetworks does not share with third
+parties any personal information you
+provide in connection with our products
+without first obtaining your informed
+consent. 4. Financial information:
+Media Commerce Software does not
+interact with the process of secure
+financial transactions, e.g. credit card
+transactions. These transactions are
+handled by the website providing the
+content and are governed by that party's
+privacy policy. 5. Usage information:
+RealNetworks may keep statistics on the
+aggregated anonymous use of the Media
+Commerce Software. However, content
+partners using the Media Commerce
+Software will not provide RealNetworks
+with information on specific content for
+which an individual user obtains passes.
+
+9. 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.
+
+10. WARRANTIES AND LIABILITIES.
+
+(a) For the Plus and Premium 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, Alpha, 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 TWENTY-FIVE DOLLARS
+($25.00). 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.
+
+11. 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.
+
+12. 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.
+
+13. 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.
+
+14. TECHNICAL SUPPORT. Technical
+support for the Software, as made
+available by RN, is described at RN's
+technical support website:
+http://service.real.com.
+
+15. 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 Afghanistan
+(Taliban-controlled areas), Cuba, Iran,
+Iraq, Libya, North Korea, Serbia (except
+Kosovo), Sudan and 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. For more information on the
+U.S. Export Administration Regulations
+(EAR), 15 C.F.R. Parts 730-774, and the
+Bureau of Export Administration ("BXA"),
+please see the BXA homepage
+(http://www.bxa.doc.gov).
+
+16. 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 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) 1995-2001 RealNetworks,
+Inc. and/or its suppliers. 2601 Elliott
+Ave., Suite 1000, Seattle, Washington
+98121 U.S.A. All rights reserved.
+RealOne Player, RealNetworks, RealAudio,
+RealVideo, RealMedia, GoldPass and
+RealSystem are registered trademarks or
+trademarks of RealNetworks, Inc.
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+EXHIBIT A
+
+REALNETWORKS, INC. TERMS OF SERVICE FOR
+GOLDPASS AND REALONE SERVICES
+
+Terms of Service for GoldPass and/or
+RealONE Services
+
+IMPORTANT -- READ CAREFULLY: These Terms
+of Service for GoldPass and/or RealONE
+Services ("Agreement") is a legal
+agreement between you (either an
+individual or an entity) and
+RealNetworks, Inc. and its suppliers and
+licensors (collectively "RN" or
+"RealNetworks") for the RealNetworks
+GoldPass and/or RealONE Services
+("Services"). The Services include
+product upgrades, support and access to
+content as described. You may only
+receive the Services if you are a
+Service subscriber in good standing with
+a valid, authorized credit card on file
+with RealNetworks, or if you are in the
+trial period of the Services. By
+clicking on the "Accept" button or
+otherwise using or accepting the
+Services, you agree to be bound by the
+terms of this Agreement. IF YOU DO NOT
+AGREE TO THE TERMS OF THIS AGREEMENT, DO
+NOT CLICK ON THE "ACCEPT" BUTTON AND DO
+NOT PURCHASE OR USE THE SERVICES.
+
+YOU AGREE THAT YOUR USE OF THE SERVICES
+ACKNOWLEDGES THAT YOU HAVE READ THIS
+AGREEMENT, UNDERSTAND IT, AND AGREE TO
+BE BOUND BY ITS TERMS AND CONDITIONS.
+
+THE SERVICES MAY BE PROVIDED TO YOU ON A
+FREE OR TRIAL BASIS AT THE SOLE
+DISCRETION OF REALNETWORKS.
+
+YOUR USE OF THE REALONE PLAYER SOFTWARE
+WILL BE GOVERNED BY THE REALONE PLAYER
+LICENSE AGREEMENT ACCOMPANYING THE
+SOFTWARE, AN ELECTRONIC COPY OF WHICH
+WILL BE INSTALLED IN THE APPROPRIATE RN
+PRODUCT FOLDER ON YOUR COMPUTER UPON
+INSTALLATION OF THE SOFTWARE.
+
+1. PAYMENT & SERVICES.
+
+ Following the expiration of a
+trial period that may be provided to you
+in the sole discretion of RealNetworks,
+you agree to pay RealNetworks the
+monthly service charges for your use of
+the Services using a valid credit card,
+plus any applicable taxes, in accordance
+with the billing terms and prices in
+effect at the time the fee or charge
+becomes payable. You authorize RN to
+automatically bill the charge card you
+provide each month, or withdraw funds
+via electronic transfer from your
+checking account (depending on what type
+of charge card you are using), until you
+cancel the Services. Payments are
+billed in advance at the beginning of
+the applicable month. All payments are
+completely non-refundable. You may
+cancel the Services at any time, but RN
+will not refund any remaining portion of
+your subscription fees, including any
+minimum commitments, already billed to
+your account. You agree to provide RN
+with a valid credit card and accurate,
+complete and updated information
+required by the subscription
+registration form. Failure to comply
+may result in the immediate termination
+of Services.
+
+RN will assess an additional 1.5% (or
+the highest amount allowed by law,
+whichever is lower) per month late
+charge if your payment is more than 30
+days past due. That amount is also due
+immediately. You are responsible and
+liable for any fees, including attorney
+and collection fees, that RN may incur
+in its efforts to collect any remaining
+balances from you. You also agree that
+you will be billed for and will pay any
+outstanding balances if you cancel the
+Services, or the Services are
+terminated. You agree to notify RN about
+any billing problems or discrepancies
+within 90 days after they first appear
+on your account statement. If you do
+not bring them to RN's attention within
+90 days, you agree that you waive your
+right to dispute such problems or
+discrepancies.
+
+During your subscription period, you
+will be entitled to receive: (1) premium
+Content (as defined below); (2) any
+generally available RealONE Player
+upgrades released during your
+subscription period; and (3) RealONE
+Player support services as described at
+http://service.real.com/help/call.html. You
+understand that all information, audio,
+video, musical compositions, multimedia
+presentations, images, artwork, data,
+text, software, sound, photographs,
+graphics, messages or other materials
+(collectively, "Content") provided in
+conjunction with the Services are the
+sole responsibility of the entity from
+which such Content originated and not
+RN. You understand that by using the
+Service and accessing the Content, you
+may be exposed to Content that you may
+find objectionable; it is your
+responsibility to determine which
+Content meets your standards. UNDER NO
+CIRCUMSTANCES WILL RN BE LIABLE IN ANY
+WAY FOR ANY CONTENT THAT YOU HAVE ACCESS
+TO DURING YOUR SUBSCRIPTION PERIOD,
+INCLUDING, BUT NOT LIMITED TO, ANY
+ERRORS OR OMISSIONS IN ANY CONTENT,
+QUALITY OF THE CONTENT, AVAILABILITY OF
+THE CONTENT, THE SUBJECT MATTER OF THE
+CONTENT, OR FOR ANY LOSS OR DAMAGE OF
+ANY KIND INCURRED AS A RESULT OF THE USE
+OF ANY CONTENT PROVIDED AS PART OF THE
+SERVICE.
+
+2. YOUR RIGHT TO CANCEL GOLDPASS AND
+REALONE SERVICES
+
+ You may cancel the GoldPass and
+RealONE Services at any time. You will
+not receive any refund or partial refund
+for any charges already billed to your
+account. In the event you signed up for
+a minimum commitment period, you will be
+responsible for all charges for the
+entire minimum commitment period. You
+may cancel the services by contacting
+RealNetworks by phone at 1-888-768-3248
+(from the United States or Canada), or
+1-206-674-2650 from other locations.
+You understand and agree that
+cancellation of your subscription is
+your sole right and remedy with respect
+to any dispute with RN. This includes,
+but is not limited to, any dispute
+related to, or arising out of: (1) any
+term of this Agreement or RN's
+enforcement or application of this
+Agreement; (2) any policy or practice of
+RN, including any RN Privacy Policy, or
+RN's enforcement or application of these
+policies; (3) the Content available
+through RN or the Internet or any change
+in Content provided through RN; (4) your
+ability to access and/or use the
+Content; (5) any RealNetworks Software
+or Content provided by or through
+RealNetworks; or (6) the amount or type
+of fees, applicable taxes, billing
+methods, or any change to the fees,
+applicable taxes, or billing methods.
+
+3. REALNETWORKS' RIGHT TO TERMINATE OR
+MODIFY SERVICES
+
+RN may modify the terms of this
+Agreement or the Services, including but
+not limited to the price, content or
+nature of the Services, upon notice to
+you. In the event RN modifies the
+Agreement or the Services, you may
+terminate the Services. RN may
+terminate this Agreement and any
+Services at any time upon notice to you,
+provided that you will be entitled to
+receive the Services for any period for
+which you have already paid, or a
+pro-rata refund at RN's sole discretion.
+RN may provide notice by e-mail or by
+publishing the changes on its
+website. This Agreement will
+automatically terminate if you fail to
+comply with any term. No notice shall
+be required from RN to effect such
+termination. Upon any termination of
+this Agreement (whether by you or RN),
+you shall immediately discontinue use of
+the Services. Your obligation to pay
+accrued charges and fees shall survive
+any termination of this Agreement.
+
+4. SERVICE USE RESTRICTIONS.
+
+a) You agree that you shall only use the
+Services and Content in a manner that
+complies with all applicable laws in the
+jurisdictions in which you use the
+Services and Content, including, but not
+limited to, applicable restrictions
+concerning copyright and other
+intellectual property rights. Except as
+specifically authorized herein, you may
+not: (i) permit other individuals to use
+the Content and Services; (ii) modify,
+translate, distribute or create
+derivative works of the Content or the
+Services; (iii) copy or redistribute the
+Content; (iv) rent, lease, transfer, or
+otherwise transfer rights to the Content
+or the Services; and (v) remove any
+proprietary notices or labels on the
+Content or Service.
+
+
+b) You may only use the Services and
+Content for your private, non-commercial
+use. You may not use the Services or
+Content in any way to provide, or as
+part of, any commercial service or
+application. All Content, including but
+not limited to that is streamed,
+downloaded or copied using the Services
+are protected by the U.S. copyright laws
+and related laws of other jurisdictions,
+and are for your own personal use only.
+You may not, under any circumstances,
+distribute Content to third parties, or
+broadcast or perform the Content outside
+your normal circle of family and social
+acquaintances.
+
+c) You may not attempt to, in
+conjunction with, any device, software
+program or service, circumvent
+technological measures employed to
+control access to, or the rights in, a
+Content file. The Service embodies a
+copy management system required by the
+laws of the United States, and you may
+not circumvent or attempt to circumvent
+this system by any means. d) In
+addition to any other remedies available
+in equity or law to RN and RN's Content
+suppliers, failure to comply with any of
+the terms and conditions in this Section
+4 Service Use Restrictions shall
+immediately terminate your license to
+the Content and the Services.
+
+5. PERSONAL INFORMATION AND PRIVACY
+
+You are required to have a RealNetworks
+account to use both free and paid
+Services, including RealONEPlayer and
+free Services trial periods. Personal
+information you provide to RealNetworks
+is governed by RealNetworks Privacy
+Policy at
+http://www.realnetworks.com/company/privacy/index.html. Your
+election to use the free or paid
+Services, indicates your acceptance of
+the terms of the RealNetworks Privacy
+Policy, so please review it carefully if
+you have any questions about
+RealNetworks treatment of personal
+information you provide to us. To
+summarize key terms of the RealNetworks
+Privacy Policy: Information collected in
+RealNetworks accounts includes name,
+e-mail address, age, gender, location
+information, product and service
+information, information on software
+downloads and updates, systems
+information, content preferences,
+purchase information and credit card
+billing information. The information is
+stored locally in cookies on a user's
+personal computer and on RealNetworks
+servers and is sent to and from such
+servers as part of routine product
+communications that enable RealONE
+Player functionality.
+
+RealNetworks uses this information to:
+
+a) Verify access rights to premium
+content, services or software.
+
+b) To provide you with information about
+products, services, news and events.
+
+c) To allow you to purchase and download
+products and services.
+
+d) To provide you with advertising,
+promotions and special offers we feel
+you may be interested in based on
+content preferences and other
+information you provide to us.
+
+e) To provide you with personalized
+content programming, instructions and
+services (such as local radio stations
+or to retain a list of your recently
+played stations).
+
+f) For license reporting, billing,
+royalty payments and assessment of
+service levels.
+
+g) To better understand on an aggregated
+basis how our products are used, traffic
+patterns and what types of content and
+services are most popular with users of
+our products and services.
+
+
+This information is treated according to
+the RealNetworks Privacy Policy at
+http://www.realnetworks.com/company/privacy/index.html.
+If you have questions about our Privacy
+Policy, please e-mail us at
+privacy@real.com.
+
+You are responsible for maintaining the
+confidentiality of your password and
+account information. You are
+responsible for all activities that
+occur in your account and you agree to
+notify RealNetworks immediately of any
+unauthorized account use. RealNetworks
+is in no way responsible for any loss
+that you may incur as a result of any
+unauthorized use of your user account
+and password.
+
+6. E-MAIL NOTIFICATION.
+
+To let you know what new GoldPass
+Content and Services are available from
+time to time, RN will send you e-mail
+describing the latest Content and how to
+get access to the Content. You agree
+that as a Service subscriber, RN may
+send you such e-mail to the address you
+provide. Because this e-mail is
+necessary for you to receive the
+Services, you will receive this e-mail
+even if you have opted out of receiving
+other e-mail from RN. If you do not
+want to receive this e-mail, you may
+cancel the Service at any time as
+provided in this Agreement, or opt out
+of the GoldPass e-mail as provided in
+each e-mail.
+
+7. TITLE. Title, ownership, rights,
+and intellectual property rights in and
+to the Services shall remain in RN
+and/or its suppliers. The Services and
+Content are protected by the copyright
+laws of the United States and other
+countries, and by international
+copyright treaties. Title, ownership
+rights and intellectual property rights
+in and to the Content accessed through
+the Services shall be retained by the
+applicable Content owner and may be
+protected by applicable copyright or
+other laws.
+
+8. DISCLAIMER OF WARRANTY & LIMIT OF
+LIABILITY.
+
+THE SERVICES AND ANY CONTENT 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
+OF THE SERVICES OR CONTENT 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, COMPUTER
+FAILURE, LOSS OF BUSINESS INFORMATION,
+OR OTHER PECUNIARY LOSS) ARISING OUT OF
+THIS AGREEMENT OR THE USE OF OR
+INABILITY TO USE THE SERVICES, OR THE
+CONTENT EVEN IF RN HAS BEEN ADVISED OF
+THE POSSIBILITY OF SUCH DAMAGES. YOUR
+SOLE AND EXCLUSIVE REMEDY FOR ANY
+DISPUTE WITH RN RELATED TO THIS
+AGREEMENT OR THE SERVICES/CONTENT SHALL
+BE CANCELLATION OF THE GOLDPASS AND
+REALONE SERVICES. IN THE EVENT A COURT
+AWARDS DIRECT DAMAGES DESPITE THE
+FOREGOING, SUCH DAMAGES SHALL NOT EXCEED
+THE LESSER OF $25.00 OR THE AMOUNT YOU
+PAID. 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. RN DOES NOT
+ENDORSE, WARRANT OR GUARANTEE ANY
+CONTENT PROVIDED BY OR THROUGH RN.
+
+9. INDEMNIFICATION. This Services are
+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 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. NO ASSIGNMENT. This Agreement is
+personal to you, and may not be assigned
+without RN's express written consent.
+
+11. IMPORTANT--MISCELLANEOUS.
+
+a) Arbitration & Jurisdiction. You and
+RN agree that the exclusive remedy for
+all disputes and claims relating in any
+way to, or arising out of, this
+Agreement, the Services, or your use of
+the Services (including the
+arbitrability of any claim or dispute
+and the enforceability of this
+paragraph), or to any other alleged act
+or omission by you or RN toward the
+other, shall be final and binding
+arbitration. The arbitration shall be
+conducted under the Commercial
+Arbitration Rules of the American
+Arbitration Association ("AAA") before a
+panel of three arbitrators and conducted
+in the State of Washington. You and RN
+also agree that the AAA Optional Rules
+for Emergency Measures of Protection
+shall apply to the proceedings. You and
+RN may litigate in court only to compel
+arbitration under this License Agreement
+or to confirm, modify, vacate or enter
+judgment on the award rendered by the
+arbitrators. To the extent that you have
+breached or have indicated your
+intention to breach this 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. You and RN must
+commence an arbitration by filing a
+demand for arbitration with the AAA
+within ONE (1) YEAR after the date the
+party asserting the claim first knows or
+reasonably should know of the act,
+omission or default giving rise to the
+claim; and there shall be no right to
+any remedy for any claim not asserted
+within that time period (If applicable
+law prohibits a one-year limitations
+period for asserting claims, the claim
+must be asserted within the shortest
+time period in excess of one year that
+is permitted by applicable law.). To
+the fullest extent permitted by
+applicable law: no arbitration under
+this License Agreement shall be joined
+to an arbitration involving any other
+current or former licensee of RN,
+whether through class arbitration
+proceedings or otherwise; no finding or
+stipulation of fact in any other
+arbitration, judicial or similar
+proceeding may be given preclusive or
+collateral estoppel effect in any
+arbitration hereunder (unless determined
+in another proceeding between you and
+RN); and no conclusion of law in any
+other arbitration may be given any
+weight in any arbitration hereunder
+(unless determined in another proceeding
+between you and RN). This Agreement
+shall be governed by the laws of the
+State of Washington and the Federal
+Arbitration Act, 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.
+
+b) Complete Agreement. This 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 Agreement may not be
+modified by you except in a writing duly
+signed by you and an authorized
+representative of RN. If any provision
+of this 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 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) 1995-2001 RealNetworks,
+Inc. and/or its suppliers. 2601 Elliott
+Ave., Suite 1000, Seattle, Washington
+98121 U.S.A. Patents Pending. All
+rights reserved. RealNetworks,
+GoldPass, RealONE and RealONE Player are
+registered trademarks or trademarks of
+RealNetworks, Inc.
+
+