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b) RN may modify this License Agreement with respect to free versions of the Sof
tware upon 14 days written notice to you, including notice via the communication
s features described below.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under th
e terms listed above (ii) modify, translate, reverse engineer, decompile, disass
emble (except to the extent that this restriction is expressly prohibited by law
) or create derivative works based upon the Software or Documentation; (iii) cop
y the Software or Documentation (except for back-up or archival purposes); (iv)
rent, lease, transfer, or otherwise transfer rights to the Software or Documenta
tion; or (v) remove any proprietary notices or labels on the Software or Documen
tation. Any such forbidden use shall immediately terminate your license to the S
oftware.
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 restricti
ons concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. You may n
ot 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 an
d other audio recordings and game executables, associated game files, patches, m
ods, or other game-related information other than Shareware versions of games, w
hich are downloaded, copied, or played using the Software, and which are protect
ed by the copyright laws or related laws of any jurisdiction, are for your own p
ersonal use only and may not be distributed to third parties or performed outsid
e your normal circle of family and social acquaintances subject to the specific
licensing terms of that content.
d) You may not use the Software in an attempt to, or in conjunction with, any de
vice, program or service designed to circumvent technological measures employed
to control access to, or the rights in, a content file or other work protected b
y the copyright laws of any jurisdiction.
3. COPIES OF SOFTWARE AND ENHANCEMENTS.
If you receive the first copy of the Software electronically and a second copy o
n physical media (e.g., CD, diskette, etc.), the second copy may be used for arc
hival purposes only and may not be transferred to or used by any other person. T
his license does not grant you any right to any enhancement or update.
4. BETA RELEASE VERSIONS.
In the event that the Software is a beta release version, the terms of this Sect
ion shall apply. Your license to use the Software expires 45 days after installa
tion (or such other period as indicated by the Software) and the Software may ce
ase to function. The Software you are receiving may contain more or less feature
s than the commercial release of the Software that RN intends to distribute. Whi
le RN intends to distribute a commercial release of the Software, RN reserves th
e right at any time not to release a commercial release of the Software or, if r
eleased, to alter features, specifications, capabilities, functions, licensing t
erms, release dates, general availability or other characteristics of the commer
cial release. You agree that the Beta Release Versions are not suitable for prod
uction use and may contain errors affecting their proper operation. You agree th
at you will not do anything to circumvent or defeat the features designed to sto
p the Software from operating after the license expires.
5. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").
The Software may include a DRM from RN or 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 I
nternet. You may not take any action to circumvent or defeat the security or con
tent usage rules provided or enforced by either the DRM or the Software. DRMs ma
y be able to revoke your ability to use applicable content. RN is not responsibl
e for the operation of a third party DRM in any way, including revocation of you
r content. RN is not responsible for any communications to or from any third par
ty 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, includi
ng automatic updating of the DRM without further notice. You agree to indemnify
and hold harmless RN for any claim relating to your use of a third party DRM.
You acknowledge and agree that in order to protect the integrity of certain thir
d party content, RN or its suppliers and licensors may provide for the Software
security-related updates that will be automatically downloaded and installed on
your computer. Such security-related updates may impair the Software (and any ot
her software on your computer which specifically depends on the Software) includ
ing disabling your ability to copy and/or play "secure" content, i.e. content pr
otected by digital rights management. In such an event, RN and/or its suppliers
and licensors shall use reasonable efforts to promptly post notices on the RN we
b site explaining the security update and providing instructions to end users fo
r obtaining new versions or further updates of the Software that restore access
to secure content and related features.
6. TITLE.
Title, ownership, rights, and intellectual property rights in and to the Softwar
e and Documentation shall remain in RN and/or its suppliers. The Software is pro
tected by the copyright laws of the United States and international copyright tr
eaties. Title, ownership rights and intellectual property rights in and to the c
ontent accessed through the Software including the content contained in the Soft
ware media demonstration files shall be retained by the applicable content owner
and may be protected by applicable copyright or other law. This license gives y
ou no rights to such content.
7. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN FURTHER DISCLAIMS ALL WARRANT
IES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FIT
NESS 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 SUP
PLIERS 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 SOFTWARE, EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. R
N's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE FEES YOU PAID FOR
THE SOFTWARE AND/OR THE SERVICES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLO
W THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAG
trator compensation. You and RN may litigate in court only to compel arbitration
under this Agreement, stay proceedings pending arbitration, or to confirm, modi
fy, vacate or enter judgment on the award rendered by the arbitrator(s). You and
RN hereby consent to the exclusive jurisdiction of the state and federal courts
sitting in the State of Washington to enforce the provisions of this Section 16
and to resolve any disputes and claims cognizable in court relating in any way,
or arising out of, this Agreement, the Software or Services or your use of the
Software or Services. The court, not the arbitrator, shall determine arbitrabili
ty and enforce the arbitration agreements contained herein, including the prohib
ition on consolidated arbitrations and class arbitration. This Agreement and all
disputes and claims relating in any way to, or arising out of, this Agreement,
the Software or Services or your use of the Software or Services shall be govern
ed by the laws of the State of Washington and the Federal Arbitration Act.
b) Complete Agreement. This Agreement shall constitute the complete and exclusiv
e agreement between us, notwithstanding any variance with any purchase order or
other written instrument submitted by you, whether formally rejected by RN or no
t. The acceptance of any purchase order is you place is expressly made condition
al on your consent to the terms set forth herein. The terms and conditions conta
ined in this Agreement may not be modified by you except in a writing duly signe
d by you and an authorized representative of RN. If any provision of this Agreem
ent 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 no
t affect the enforceability of such provision under other circumstances, or of t
he 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.
EXHIBIT A
TERMS OF SERVICE FOR GAMEHOUSE FUNPASS
1. PAYMENT, CANCELLATION & SERVICES
Following the expiration of a trial period that may be provided to you in the so
le discretion of RN, you agree to pay RN the applicable service charges (e.g., m
onthly, quarterly or annual) for your use of FunPass using a valid credit card,
plus any applicable taxes, in accordance with the billing terms and prices in ef
fect at the time the fee or charge becomes payable. You authorize RN to automati
cally bill the charge card you provide each month or on each applicable subscrip
tion period renewal date, or withdraw funds via electronic transfer from your ch
ecking account (depending on what type of charge card you are using), until you
cancel your FunPass subscription. Payments are billed in advance at the beginnin
g of the applicable month or at the beginning of the applicable subscription per
iod if not monthly. All payments are completely non-refundable. You may cancel y
our FunPass subscription at any time, but RN will not refund any remaining porti
on of your subscription fees, including any minimum commitments, already billed
to your account. To ensure that your credit card will not be charged for your ne
xt billing period, you MUST cancel your FunPass subscription no later than the d
ay before your next scheduled billing period begins The exceptions to this refun
d policy are cancellations of a quarterly or annual subscription within the firs
t 30 days following your first payment or renewal payment of the annual subscrip
tion. In this case, you may request a refund of the full annual subscription fee
if your cancellation request is received and processed by RN within this 30 day
period. After 30 days following your first payment or renewal payment of an ann
ual subscription, you may still cancel at any time but all payments will be nonrefundable for the unused portion of your annual subscription. In this case, you
r account will remain active until the end of the original billing period, but w
ill not be renewed. You agree to provide RN with a valid credit card and accurat
e, complete and updated information required by the subscription registration fo
rm. Failure to comply may result in the immediate termination of your FunPass su
bscription. Once your cancellation is effective, you will no longer have access
to FunPass, and you will no longer receive FunPass member discounts on purchases
of downloadable products.
RN will assess an additional 1.5% (or the highest amount allowed by law, whichev
er 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 fe
es, 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 your FunPass subscriptio
n, or your FunPass subscription is 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, y
ou agree that you waive your right to dispute such problems or discrepancies.
During your active subscription period, you are entitled to receive US$ 5 off an
y additional game purchases.
2. FREE TRIAL POLICY
Any customer that signs up for FunPass may be given a period of time to try the
service at no cost. At the end of the period, if the customer has not cancelled
their subscription they will be billed as a FunPass member in normal standing. I
f the subscriber cancels their FunPass subscription at any time during their nor
mal membership or trial period, they forfeit the right to any FunPass free trial
for six months. This six-month time period starts from the last day of the prev
ious free trial period.
3. REALNETWORKS' RIGHT TO TERMINATE OR MODIFY THE FUNPASS SUBSCRIPTION
RN may modify the terms of this Agreement or the FunPass subscription, including
but not limited to the price, content or nature of the FunPass subscription, up
on notice to you. In the event RN modifies the Agreement or the FunPass subscrip
tion, you may terminate the subscription. RN may terminate this Agreement and an
y services at any time upon notice to you, provided that you will be entitled to
receive the FunPass subscription services for any period for which you have alr
eady paid, or a pro-rata refund at RN's sole discretion. RN may provide notice b
y e-mail or by publishing the changes on its website and you acknowledge and agr
ee that this is sufficient notice. This Agreement will automatically terminate i
f you fail to comply with any term. No notice shall be required from RN to effec
t such termination. Upon any termination of this Agreement (whether by you or RN
), you shall immediately discontinue use of FunPass. Your obligation to pay accr
ued charges and fees shall survive any termination of this Agreement.
4. SERVICE USE RESTRICTIONS
You agree that you shall only use FunPass in a manner that complies with all app
licable laws in the jurisdictions in which you use FunPass, including, but not l
imited to, applicable restrictions concerning copyright and other intellectual p
roperty rights. Except as specifically authorized herein, you may not: (i) permi
t other individuals to use FunPass; (ii) modify, translate, distribute or create
derivative works of FunPass or any of its content; (iii) rent, lease, transfer,
or otherwise transfer rights to FunPass; and (iv) remove any proprietary notice
s or labels on FunPass. You may only use FunPass for your private, non-commercia
l use. You may not use FunPass in any way to provide, or as part of, any commerc
ial service or application.
You may not attempt to, in conjunction with, any device, software program or ser
vice, circumvent technological measures employed to control access to, or the ri
ghts in, a content file. FunPass embodies a copy management system required by t
he laws of the United States, and you may not circumvent or attempt to circumven
t this system by any means.
In addition to any other remedies available in equity or law to RN and RN's cont
ent suppliers, failure to comply with any of the terms and conditions in this Se
ction 4 "Service Use Restrictions" shall immediately terminate your license to t
he content and FunPass.
5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to RealNetworks is governed by RealNetworks Pri
vacy Policy at http://www.realnetworks.com/company/privacy/index.html. Your elec
tion to use the Software and FunPass, indicates your acceptance of the terms of
the RealNetworks Privacy Policy, so please review it carefully if you have any q
uestions about RealNetworks treatment of personal information you provide to us.
If you have questions about our Privacy Policy, please e-mail us at privacy@rea
l.com.
You are responsible for maintaining the confidentiality of your password and acc
ount information. You are responsible for all activities that occur in your acco
unt and you agree to notify RealNetworks immediately of any unauthorized account
use. RN 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 content and services are available from time to time, R
N will send you e-mail describing the latest content and how to get access to th
e content. You agree that as a FunPass subscriber, RN may send you such e-mail t
o the address you provide. Because this e-mail is necessary for you to receive t
he FunPass subscription 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 FunPass subscription service at any time as provided
in this Agreement.
EXHIBIT B
TERMS OF SERVICE FOR GAMEHOUSE CLUB
1. ENROLLMENT IN GAMEHOUSE CLUB
In exchange for applicable fees, if any, and subject to certain limitations as d
escribed herein, you will receive one game credit that entitles you to a full ve
rsion PC game ( FunTicket ) per month during your active subscription period. You m
ay also purchase additional FunTickets at the same price as your monthly subscri
ption rate. FunTickets do not expire and will continue to accrue as long as you
pay your applicable subscription fee.
By subscribing to GameHouse Club, you represent that you reside in the United St
ates and that you are at lest thirteen (13) years of age. You agree to abide by
the terms and conditions herein and will indemnify and hold RN and its affiliat
es and distribution and syndication partners harmless from any breach of this Ag
reement.
2. PAYMENT, CANCELLATION & SERVICES
You agree to pay RN the applicable fees for your use of GameHouse Club in accord
ance with the billing terms and prices in effect at the time the fee becomes pay
able. Applicable fees for GameHouse Club may include a periodic (e.g., monthly,
quarterly or annual) subscription fee based on the particular service requested
, transaction fees, taxes, and additional fees for the purchase of additional pe
rmanent downloads you may choose to purchase.
We may offer you a one-time, free trial period during which you can try out the
GameHouse Club subscription services for free ("Free Trial Period"). The length
of any such Free Trial Period, and the particular services included, may vary fr
om time to time, and will be indicated at the time you register for your subscri
ption. If you terminate your subscription prior to the expiration of the Free Tr
ial Period, you will not have any financial obligation with respect to your subs
cription, and your credit card will not be charged for your use of the service.
However, you will be charged for any services you choose to access that are not
included within the free trial. The Free Trial Period will expire at midnight P
acific Standard Time on the last day of the Free Trial Period, and unless you ca
ncel your subscription before such time we will begin to bill your account for t
he services specified in the free trial offer terms. The Free Trail may not be
transferred. Each user is entitled to a Free Trial Period only one time per ser
vice. If you subscribe to a service after you have already received a Free Trial
Period on such service, your credit card will be billed immediately upon regist
ration. Free trials are also limited to one per credit card. Should two customer
s use the same credit card to subscribe to services, only the first customer is
eligible to receive a Free Trial Period.
Unless you notify us of your decision to terminate your subscription, your subsc
ription will automatically renew at the end of each subscription term. Your rene
wed subscription will have the same duration as the subscription being renewed (
e.g. one month, one quarter, etc.). At the time of renewal, your credit card wil
l be charged our then-current fees for the applicable subscription, provided tha
t if the fee for your renewal service has increased, we will notify you at your
designated email address at least fourteen (14) days prior to renewal so that yo
u have an opportunity to elect not to renew.
You authorize RN to automatically bill the charge card you provide each month or
on each applicable subscription period renewal date, or withdraw funds via elec
tronic transfer from your checking account (depending on what type of charge car
d you are using), until you cancel your GameHouse Club subscription. Payments ar
e billed in advance at the beginning of the applicable month or at the beginning
of the applicable subscription period if not monthly. All payments are complete
ly non-refundable.
You may cancel the GameHouse Club subscription at any time, but RN will not refu
nd any remaining portion of your subscription fees, including any minimum commit
ments and you are responsible for any financial obligations remaining on your me
mbership, i.e. if you at the time of cancellation have not reached the FunTicket
commitment level of you subscription you will be billed for and you agree to pa
y any outstanding balances due on your GameHouse Club subscription as soon as yo
u cancel the subscription, once you have paid such outstanding balance due, you
will receive the outstanding FunTickets.
To ensure that your credit card will not be charged for your next billing period
, you MUST cancel your GameHouse Club subscription no later than the day before
your next scheduled billing period begins You agree to provide RN with a valid c
redit card and accurate, complete and updated information required by the subscr
iption registration form. Failure to comply may result in the immediate terminat
ion of your GameHouse Club subscription. Once your cancellation is effective, yo
u will no longer have access to GameHouse Club, and you will no longer receive G
ameHouse Club member discounts on purchases of downloadable products. RN will as
sess an additional 1.5% (or the highest amount allowed by law, whichever is lowe
r) per month late charge if your payment is more than 30 days past due. That amo
unt is also due immediately. You are responsible and liable for any fees, includ
ing attorney and collection fees, that RN may incur in its efforts to collect an
y remaining balances from you. You also agree that you will be billed for and wi
ll pay any outstanding balances due as soon as you cancel the GameHouse Club sub
scription, or your GameHouse Club subscription is terminated. You agree to notif
y 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 wi
thin 90 days, you agree that you waive your right to dispute such problems or di
screpancies.
3. REALNETWORKS' RIGHT TO TERMINATE OR MODIFY SERVICES
RN may modify the terms of this Agreement or the GameHouse Club subscription, in
cluding but not limited to the price, content or nature of the subscription, upo
n notice to you. In the event RN modifies the Agreement or the GameHouse Club su
bscription, you may terminate your subscription. RN may terminate this Agreement
and any GameHouse Club subscription services at any time upon notice to you, pr
ovided that you will be entitled to receive the GameHouse Club subscription serv
ices 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 and you acknowledge and agree that this is sufficient notice. Thi
s 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 terminati
on of this Agreement (whether by you or RN), you shall immediately discontinue u
se of GameHouse Club. Your obligation to pay accrued charges and fees shall surv
ive any termination of this Agreement.
4. SERVICE USE RESTRICTIONS
You agree that you shall only use GameHouse Club in a manner that complies with
all applicable laws in the jurisdictions in which you use your GameHouse subscri
ption services, including, but not limited to, applicable restrictions concernin
g copyright and other intellectual property rights. Except as specifically autho
rized herein, you may not: (i) permit other individuals to use the GameHouse Clu
b subscription services or content; (ii) modify, translate, distribute or create
derivative works of GameHouse Club or any of its content; (iii) rent, lease, tr
ansfer, or otherwise transfer rights to the GameHouse Club or any of its content
; and (iv) remove any proprietary notices or labels on the GameHouse Club subscr
iption service. You may only use GameHouse Club for your private, non-commercial
use. You may not use GameHouse Club in any way to provide, or as part of, any c
ommercial service or application.
You may not attempt to, in conjunction with, any device, software program or ser
vice, circumvent technological measures employed to control access to, or the ri
ghts in, a content file. GameHouse Club embodies a copy management system requir
ed by the laws of the United States, and you may not circumvent or attempt to ci
rcumvent this system by any means. In addition to any other remedies available i
n 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 imme
diately terminate your license to the content and GameHouse Club.
5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to RealNetworks is governed by RealNetworks Pri
vacy Policy at http://www.realnetworks.com/company/privacy/index.html. Your elec
tion to use the Software and GameHouse Club subscription, indicates your accepta
nce of the terms of the RealNetworks Privacy Policy, so please review it careful
ly if you have any questions about RealNetworks treatment of personal informatio
n you provide to us. If you have questions about our Privacy Policy, please e-ma
il us at privacy@real.com.
You are responsible for maintaining the confidentiality of your password and acc
ount information. You are responsible for all activities that occur in your acco
unt and you agree to notify RealNetworks immediately of any unauthorized account
use. RN 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 content and subscription services are available from ti
me 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 GameHouse Club subscriber, RN may se
nd you such e-mail to the address you provide. Because this e-mail is necessary
for you to receive the subscription 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 r
eceive this e-mail, you may cancel your GmaeHouse Club subscription at any time
as provided in this Agreement.