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author | Seemant Kulleen <seemant@gentoo.org> | 2003-03-27 10:38:02 +0000 |
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committer | Seemant Kulleen <seemant@gentoo.org> | 2003-03-27 10:38:02 +0000 |
commit | 9552681d51ce872de818ee65a581b007b2afa57e (patch) | |
tree | 03afd395df75a24f9e1267990b92ca96b43c4560 /licenses | |
parent | cleanup (diff) | |
download | historical-9552681d51ce872de818ee65a581b007b2afa57e.tar.gz historical-9552681d51ce872de818ee65a581b007b2afa57e.tar.bz2 historical-9552681d51ce872de818ee65a581b007b2afa57e.zip |
added license for RealOne player
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/realone | 1446 |
1 files changed, 1446 insertions, 0 deletions
diff --git a/licenses/realone b/licenses/realone new file mode 100644 index 000000000000..b79063fa10c5 --- /dev/null +++ b/licenses/realone @@ -0,0 +1,1446 @@ + +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. + + |