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REALNETWORKS, INC.

END USER LICENSE AGREEMENT REALNETWORKS PRODUCTS AND SERVICES, AND TERMS AND CONDITIONS GOVERNING THIRD PAR TY SOFTWARE REDISTRIBUTION NOT PERMITTED License for RealNetworks Products and Services IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement f or certain RealNetworks Products and Services ("License Agreement" or "Agreement ") is a legal agreement between you (either an individual or an entity) and Real Networks, Inc. and its suppliers and licensors (collectively "RN" or "RealNetwor ks") for: the RealNetworks software which may include components provided by sup pliers and licensors to RN ("Software") and/or RealNetworks services ("Services" ). The Software may include any of the following RealNetworks products includin g any combination of such products and Alpha, Beta, trial, pre-release, free, pa y and premium versions of the products (collectively, "RN Products"): RealPlayer , RealPlayer Plus, RealJukebox and RealPlayer for Pocket PC. You may install on ly ONE copy of the Software. The Services may include RN's Real 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 standi ng 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, insta lling, copying or otherwise using the Software, you agree to be bound by the ter ms of this License Agreement. NOTE: THIS DOCUMENT ALSO CONTAINS TERMS AND COND ITIONS GOVERNING THIRD PARTY SOFTWARE YOU MAY CHOOSE TO INSTALL. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/O R DO NOT INSTALL THE SOFTWARE. FOR YOUR USE OF REAL SERVICES, YOU AGREE TO BE BOUND BY THE "TERMS OF SERVICE" A TTACHED 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 AND/OR SERVICES ACKNOWLEDGES THAT YOU HA VE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERM S AND CONDITIONS. ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN, THAT MAY BE PROVI DED 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, IF AN ELECTRONIC COPY OF SUCH LICENSE AGREEMENT IS 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 SH ALL 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 th e Software and any related documentation ("Documentation") subject to the follow ing 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 simu ltaneously; and (iii) copy the Software for back-up and archival purposes, provi ded 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, rcansplg.so.6.0, r

which are downloaded or copied using the Software.). If you receive the first copy of the S and a second copy on physical media (e.dll. realplay. You also may not use the RealJukebox MP 3 encoder in pay-audio or audio-on-demand applications. such as.dll. a nd which are protected by the copyright laws or related laws of any jurisdiction . or otherwise transfer rights to the Software or Documen tation. diskette. copy. a content file or other work protected by the copyright laws of any jurisdiction. The recording. tpasdk.g. 2. tsystray. c) You may only use the Software for your private. reverse engineer. playba ck and download features of the Software are intended only for use with public d omain or properly licensed content and content creation tools. or tpdmgr. You may not use the Software in any way to provide.dll. 3. including notice via the communicatio ns features described below. cable or other media) or broadcasting via the internet or other networks.dll. Copies of content files. copyright. or the rights in. 4. rcaembed. teamp3. the terms of this Section shall apply. any d evice.6. Any such forbidden use shall immediately terminate your license to the Software. rmoc3260. Your license to use the Softwar . or (vi) use the MP3 encoder in real time broadcasting (terrestrial. but not limited to. CD. or in conjunction with. (iii) c opy the Software or Documentation (except for back-up or archival purposes). COPIES OF SOFTWARE oftware electronically etc.0. This license does not grant you any ri or update. disa ssemble (except to the extent that this restriction is expressly prohibited by l aw) or create derivative works based upon the Software or Documentation.so.so. or as part of.. d) You may not use the Software in an attempt to. the second copy nsferred to or used by ght to any enhancement AND ENHANCEMENTS. a) You may not: (i) permit other individuals to use the Software except under t he terms listed above. (iv ) rent.dll applications. security.dll.zip. 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.exe. translate. (ii) modify. decompile. but not limited to. You may not circumvent or attempt to circumvent this sy stem by any means. satel lite. In the event that the Software is an alpha release version.dll.so. rcacore.dll. nppl3260. including. or other license from a third party to create. se of Plug-Ins through a non-RN proprietary application. e) The Software embodies a serial copying management system required by the law s of the United States. transfer. program or service designed to circumvent technological measures employed to control access to. teasdk. lease. rpnphelper.6. (v) remove any proprietary notices or labels on the Software or Document ation. You may require a patent. may be used for archival purposes only and may not be tra any other person. ALPHA RELEASE VERSIONS. downlo ad. tsasdk. record or save content files for playback by this Software or to serve or di stribute such files to be played back by the Software. applicable restrict ions concerning copyright and other intellectual property rights. non-commercial use. any commercial servi ce or application.dll. rpcl3260. but not limited to songs and other audio recordings. embd3260.0. intranets. 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 th e Software and Documentation. LICENSE RESTRICTIONS. including.pnp. Any direct u a custom or u c) RN may modify this License Agreement with respect to free versions of the So ftware upon 14 days written notice to you. including ser-written application is prohibited by this Agreement.exe.

To learn more.realnetworks. 6. A number of communications features are automatic and are enabled by default. licensing terms. RN reserves the right at any time not to release a commerci al release of the Software or. specifications. patches. to alter features. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the li cense expires. using AutoUpdate. a) The Software consists of interactive Internet applications that perform a va riety of communications over the Internet as part of their normal operation. The Software you are receiving may contain more or less features than the commercial release of the RN Product that RN intends to distribute. If you have disabled cookies. non-premium content. You agree that the alpha relea se versions are not suitable for production use and may contain errors affecting their proper operation. the terms of this Section shall apply. such as bug fixes. AUTOMATIC COMMUNICATIONS FEATURES. specifications. you may be asked to login each time you access premiu m software features and services and some Real services may not function properl y. functions.com/company/privacy/index. 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. Once you log into the Software. missing plug-ins and new versions. 5. While RN intends to distribute a commercial release of the Software.html. to alter features. premium content. user information including your use r id will be sent in communications with RN's servers. This information is used to access your regular account. automatically communicates wit h RN's servers on the Internet to check for updates to RN's and RN partner's sof tware. This allows any website to set cookies for you when you view any of t he website's content through the Software. and software that you're entitled to and to provide you with relevant information. capabilities. if released. The Software you are receiving may contain more or less features than the commercia l release of the RN Product that RN intends to distribute. release dat es. AutoUpdate also has the capability to run independently of RealPlayer to perform background update checks. unless you have disabled cookies. Y ou are responsible for any telecommunications or other connectivity charges incu rred through use of the Software. features. general availability or other characteristics of the commercial release. and other personalized services. Yo u agree that the beta release or pre-release versions are not suitable for produ ction use and may contain errors affecting their proper operation. enhanced functions. RN reserves the right at any ti me not to release a commercial release of the Software or. BETA RELEASE OR PRE-RELEASE VERSIONS. release dates. 7. similar to an Internet browser. general availability or other characteristics of the commercial release. RN may download updates during the backgrou . In the event that the Software is a b eta release or pre-release version. services. While RN intends to distribute a commercial rele ase of the Software. 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. services.€The Software configures certain firewall applications su ch that the user is not alerted when the Software requests or receives data nece ssary for playback of content over the UDP protocol. RN may match the user id to personall y identifiable information in order to provide you with products. functions. if released. you consent to the Software's communication s features. By i nstalling and/or using the Software. €FIREWALL CONFIGURATION. visit the RealNetworks Privacy Policy link on our website at h ttp://www. b) Cookies: The Software also allows the use of cookies. licensing terms. c) AutoUpdate: The RealPlayer.e expires 45 days after installation (or such other period as indicated by the S oftware) and the Software may cease to function. c apabilities.

then within Message Center. An application Scheduler. AutoUpdate sends information about installed RealNetworks' products and com ponents to the servers to determine upgrade availability. Message Center sends infor mation about installed RealNetworks' products and components to the servers to d etermine relevant software update messages. This communication s erves to enable the content provider to calculate usage-based royalty amounts ne eding to be paid to owners of such Secure Content ("Secure Content Owners"). your frequency setting may be adjusted to accommodate your topic choi ces. Message Center can also run independentl y of RealPlayer to perform background message checks. select 'Preferences' and set your desired preferences. The Scheduler does not collect personal information or communicate with RealNetworks ' servers. follow these steps: On the Tools menu. which are subject to their own license agreements. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs"). RN is not responsible for any communications to or from any third party DRM provider. sel ect 'Options'. known as "realsched. Scheduler also watch es for and alerts RealPlayer to connection and disconnection of portable devices . select Preferences. including revocati on of your content. SCHEDULER." is installed along with RealPlayer. 8. You can control these activities via the Automatic Services section of the Pre ferences dialog. If you prefer to be no tified when an auto-update is performed. or when RealPlayer detects a file it does not supp ort. select 'Message Center'. Once installed. when RealPlayer automatically communicates with RN's servers. You can change the way Message Center displays m essages and the frequency with which it checks for new ones by following these s teps: on the View menu. AutoUpdate. in such content is not misappropr iated. including copyright. despite the p rovisions of AutoUpdate defined in Section 6(c).nd checks. located under the Tools menu. e) Secure Content Consumption: The RealPlayer client may be required to send st atistical data to servers regarding the consumption by an end user of content se cured using the digital rights management technology contained in this Software to protect the integrity of the content ("Secure Content"). including s oftware updates and service bulletins. Secure Content Owners may. If you sig n up for message topics that necessitate a greater frequency than you previously selected. You consent to the communications enabled and/or performed by the DR M. including automatic updating of the DRM without further notice. request RN or its supplier . a) The Software includes a DRM called the RealSystem Media Commerce Update Soft ware ("Media Commerce Software") and may include third party DRMs as Plug-in com ponents." d) Message Center: The RealPlayer software. automatically communicates with RN's servers to check for new important messages. DRMs are designed t o manage and enforce intellectual property rights in digital content purchased o ver the Internet. or for the collection or use of information by third p arty DRMs. using Message Center. You agree to indemnify and hol d harmless RN for any claim relating to your use of a third party DRM. when yo u manually check for updates. You may not take any action to circumvent or defeat the securi ty or content usage rules provided or enforced by either the DRM or the Software . b) Content providers are using the digital rights management technology contain ed in this Software to protect the integrity of their Secure Content so that the ir intellectual property. Message Center is set by default to check for messages once or twice a week and to display the headline portion of s uch messages when they arrive. RN is not responsible for the operation of third party DRM in any way.exe. DRMs may be able to revoke your ability to use applicable content. It is used to remind AutoUpdate. Message Center and the Watch Folders feature to perform their tasks at pre-scheduled intervals. and then de-select "Automatically download and i nstall software updates. it runs independently of RealPlayer. from time to time. 9.

s to provide security related updates to the DRM components of the Software ("Se curity Updates") that may affect your ability to copy. as described below. You therefore agree that. RN or its suppliers may. Usage information: RealNetworks may keep statistics on the aggregated anonym ous use of the Media Commerce Software. The Media Commerce Software in teracts with your computer in the following ways: 1. if you elect to download a license from t he Internet which enables your use of Secure Content. WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is requ ired and then ask for your consent before the WM-DRM Upgrade is downloaded. 4. d) Secure content owners may be using the Microsoft digital rights management t echnology for Windows Media distributed with this software ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual pr operty. RealPla yer must send certain anonymous information about the hardware on your computer to the RealNetworks download server. Unless notification is provided to you. also download revocation lists onto your computer on b ehalf of Secure Content Owners. Content passes: When obtaining passes for playback of content (such as a mus ic or video file) in RealPlayer. in such content is not misappropriated. Secure Content Owners may also require you to u pgrade some of the WM-DRM components distributed with this software ("WM-DRM Upg rades") before accessing their content. display and/or utilize th e Software. informatio n about your hardware will not be stored on any server. If the WM-DRM Software's security has been compromised . A list of revoked WM-DRM Software is sent to your computer whenever you d ownload a license for Secure Content from the Internet. in conju nction with such license. content partners using the Med ia Commerce Software will not provide RealNetworks with information on specific content for which an individual user obtains passes. Microsoft may.com/company/privacy/index. i n conjunction with such license.g. 2. from your computer by downloading such Security Updates. or other information. However. owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy. Personal information: Media Commerce Software will not associate itself with any personal information in RealPlayer or anywhere else on your computer. c) The Media Commerce Software allows you to receive and playback content that has been digitally secured by a content provider. When you attempt to play such content.realnetworks. This installation and hardware information will be scrambled a different way each time it is sent. RN and its suppliers will not re trieve any personally identifiable information. Hardware information: In order to download the appropriate software. Non . Revocation does not alter the WM-DRM Software's ability to play unprotected con tent.html). e. 5. Portions o f this software and other third party applications use WM-DRM to play Secure Con tent ("WM-DRM Software"). display and/or play Secure Content. Real Networks' use of any personal information is governed by the RealNetworks privac y policy (http://www. also download onto your computer such Security Updates that a Secure Content Owner has requested that RN or its suppliers distr ibute. information about your specific Media Commerce Software installation and hardware will be sent to the content provider for incl usion in the pass. 3. Hardware information wi ll also be sent for content passes. These tr ansactions are handled by the website providing the content and are governed by that party's privacy policy. Financial information: Media Commerce Software does not interact with the pr ocess of secure financial transactions. Once the software is installed. RealNetworks does not share with third parties any personal information you provide in conne ction with our products without first obtaining your informed consent. usable only for inclusion in your pass. including copyright. credit card transactions.

When these features are switched off. if the media is subjecte d to accident abuse or improper use. RN also warrants that the media cont aining the Software.-Microsoft WM-DRM Software may do the same. whichever is appli cable. RN does not warrant howev er that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. The S oftware and the Services are protected by the copyright laws of the United State s and international copyright treaties. you paid for the Software. Title. TITLE. will substantially achi eve the functionality described in the Documentation. shall be retained by the applicable Content owner and may be prote cted by applicable copyright or other law. this warranty shall immediately terminate. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STAT E/JURISDICTION TO STATE/JURISDICTION. ownership. or (ii) to ad vise you how to achieve substantially the same functionality with the Software a s described in the Documentation through a procedure different from that set for th in the Documentation. if provided by RN. WM-DRM features that access the Internet. 11. This license gives you no rights to such Content. or (iii) if the above remedies are impracticable. such as acquiri ng new licenses and/or performing a required WM-DRM Upgrade. WARRANTIES AND LIABILITIES. and intellectual property rights in and t o the Software and Documentation shall remain in RN and/or its suppliers. Title. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW RN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPR ESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILIT Y AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE. if operated as directed. If any modifications are made to the Software by you during the warranty period. ownership rights and intellectua l property rights in and to the content accessed through the Software and the Se rvices ("Content") including the content contained in the Software media demonst ration files. (ii) Customer Remedies. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software oth er than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation. (a) For the Pay and Premium versions of RN Products. or if you violate the terms of this License Agreement. RN's sole liability for a breach of this warranty shal l be in RN's sole discretion: (i) to replace your defective media. (i) No Other Warranties. Only if you inform RN of the problem with the Software during the applic able warranty period and provide evidence of the date you acquired the Software . can be switched off . however. is free from defects in material and wor kmanship and will so remain for ninety (90) days from the date you acquire the S oftware. corrected or replaced Software and Documentation shall be covered by this limited warranty f or 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 repa ired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation. RN warrants that for a period of ninety (90) days from the da te of acquisition the Software. Repaired. you will still be able to play Secure C ontent if you have a valid license for such content already stored on your compu ter. if any. you w ill still be able to access unprotected content and Secure Content that does not require the upgrade. 10. THE ACCOMPAN YING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. you wil l not be able to access content that requires the WM-DRM Upgrade. If you decline the upgrade. to re fund the license fee. THIS LIMITED WARRANT Y GIVES YOU SPECIFIC LEGAL RIGHTS. rights. the following terms apply: LIMITED WARRANTY.

WITHOUT LIMITATION. You agree to record. SPECIAL. 12. INDEMNIFICATION. SERVI CES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. If yo u are importing the Software from the United States. INCLUD ING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY. fines and expenses (including attorneys' fees and costs) arising out o f or relating to any claims that you have (i) viewed. FURTHER. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETH ER IN TORT CONTRACT OR OTHERWISE SHALL RN OR ITS SUPPLIERS OR RESELLERS BE LIABL E TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT. patent or other licenses are n ecessary and to obtain any such licenses to serve and/or create. DOCUMENTATION. THE SERVICES OR THE CONTENT. BECAUSE SOME STATES/JURISDICTIONS D O NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDE NTAL DAMAGES. OR OTH ER DAMAGES WHATSOEVER (INCLUDING.00). SPECIAL. compress or dow nload such media and content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. No notice shall be required from RN to effec t such termination. from and against any losses. or (ii) violated any terms of this License Agreement. DOCUMENTATION. This License Agreement will automatically terminate if you fa il to comply with any term hereof. THE SOFTWARE. compr essed. It is your r esponsibility to ascertain whether any copyright. INCIDENTAL.will RN be obligated to honor this warranty. you shall indemnify and hol d RN harmless from and against any import and export duties or other claims aris ing from such importation. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE. RN DOES NOT ENDORSE. IN NO EVENT SHALL RN BE LIABLE FOR ANY CONSEQUENTIAL. You agree to hold harmless. copyright and other per missions. PUNITIVE. Pre-Release. Your obligation to pay accrued charges and fees shall survive any termination of this . COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMM ERCIAL DAMAGES OR LOSSES EVEN IF RN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL RN'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAI D TO RN FOR THE SOFTWARE AND DOCUMENTATION. OR OTHER PECUNI ARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SO FTWARE. and Beta versions of RN Products. 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 vi olation of any law. AND NONINFRINGEMENT. FITNESS FOR A PARTICULAR PURPOSE. play back and download only those materials for which you have the necessary patent. Upon any termination of this License Agreement. and content creation tools. INCIDENTAL OR CONSEQUENT IAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GO ODWILL. Trial. indemnify an d defend RN. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW T HE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. documentation and related materials provided by RN. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EVEN IF RN HAS BEEN ADVISED OF THE POSSIBIL ITY OF SUCH DAMAGES. all full or partial co pies of the Software. You may also terminate this License Agreement at any time b y notifying RN in writing of termination. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. its officers. This Software and the Services are intended for use only with properly licensed media. licenses. BUSINESS INTERRUPTION. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. or certify destruction of. (b) For the Free. SERVICES AND CONTENT REMAINS WIT H YOU. INDIRECT. WARRANT OR GUA RANTEE ANY CONTENT PROVIDED BY OR THROUGH RN. Alpha. LOSS OF BUSINESS INFORMATION. damages. 13. directors and employees. WORK STOPPAGE. you shall immediately discontinue use of the Software and shall withi n three (3) days return to RN. the Services and the Content. downloaded. DAMAGES FOR LOSS OF BUSINE SS PROFITS. content. LIMITATION OF LIABILITY. TERMINATION. RN's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25. RN FURTHER DISCLAIMS ALL WARRANTIES. and/or clearances. encoded. the following terms apply: DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.

this Agreement .227-19 when applicable. The arbitration shall take place in the State of Washington. as applicable. or your use of the Software or Services shall be fin al and binding arbitration. duplication or disclosure by the Government is subject to restri ctions set forth in subparagraphs (a) through (d) of the Commercial Computer Sof tware--Restricted Rights at FAR 52. yo u shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. RN may terminate this Agreement on thirty (30) days' written notice. and no conclusion of law in any other arbitration may be given any weight in any ar bitration hereunder (unless determined in another proceeding between you and RN) . Nor th Korea. U. U. is described at RN's technical support website: http://service.S. Commerce Department's Denied Parties Li st or Entity List. or (ii) to anyone on the U. no class arbitration proceedings shall be permitted. Manufacturer is RealNetworks. embargo.S.doc. If such costs are determined to be excessive. Your arbitration fees and your share of arbitrator compensation will be limit ed to those set forth in the AAA's Consumer Rules with the remainder paid by RN. Treasury Department's list of Sp ecially Designated Nationals or the U. and (iii) you will not export or re-export the Software to any prohibited county. or denied you export privileges. or end-user as specified by U.S. and in similar clauses in the NASA FAR supplement. judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitra tion hereunder (unless determined in another proceeding between you and RN). The arbitration shall be conducted under the Commer cial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). please see the BXA homepage (http://www. 14.com/r ealplayer. a) Arbitration & Jurisdiction.License Agreement. 15. no finding or stipulation of fact in any other arbitration. or in subparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 2 52. 16. Iraq. NO ASSIGNMENT.gov). If RN does not consent to assign ment of this Agreement to the new or acquiring entity in such merger or acquisit ion. Suite 1000/Seattle. You and RN agree that the exclusive remedy for a ll disputes and claims relating in any way to. This Agreement is personal to you.F. Washington 98121. TECHNICAL SUPPORT. 15 C. 17. Both parties shall perform under this Agreement until such termination is effective. and the Bureau of Export Administration ("BXA"). Export Administration Regulations (EAR). r evoked. Sudan and Syria or any other country subject t o a U. For more information on the U. You are responsible for complying with all trade regulations and laws bo th foreign and domestic./2601 Elliott. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.R. o r to any prohibited person. Serbia (except Kosovo). IMPORTANT--MISCELLANEOUS.S. Technical support for the Software. the Software or Services. Cuba. Iran.S. To the fullest exte nt permitted by law: no arbitration under this License Agreement shall be joine d to any other arbitration.S. export cont rols. as made available b y RN. Use.S. federal agency has suspended. GOVERNMENT RESTRICTED RIGHTS: This Software and documentation are provided with RESTRICTE D RIGHTS. including any arbitration involving any other curren t or former licensee of RN. and may not be assigned without RN's express written consent.227-7013. or arising out of. Parts 730-774. Libya.bxa. entity. RN will pay all arbitration fees . You acknowledge that none of the Software or underlyin g information or technology may be downloaded or otherwise exported or re-export ed (i) into Afghanistan (Taliban-controlled areas). In the event that you are an entity that merges with another entity or are acquired by another entity during the Term.S.real. (ii) you are not located in or under th e control of a national or resident of any such country or on any such list. Inc.

RealNetworks. PAYMENT & SERVICES. This Agre ement and all disputes and claims relating in any way to. You and RN may litigate in court only to compel a rbitration under this Agreement. this Agreement.S. EXHIBIT A REALNETWORKS. in accordance with the billing terms and prices in effect at the tim e the fee or charge becomes payable. the application of which is hereby expressly excluded. but RN will not refund any remaining portion of your subscription fees.and arbitrator compensation. notwithstanding any variance with any purchase order o r other written instrument submitted by you. You authorize RN to automatically bill the charge card you provide each month. The acceptance of any purchase order you place is expressly made condition al on your consent to the terms set forth herein. already billed to you r account. such provision shall be reform ed only to the extent necessary to make it enforceable. or to con firm. You may c ancel the Services at any time. whether formally rejected by RN or not. you agree to pay RealNetworks the monthly service charges for your use of the Services using a valid credit card. RealPlayer. RealP layer for Pocket PC and Real Services are registered trademarks or trademarks of RealNetworks. Suite 1000. This Agreement will n ot be governed by the United Nations Convention of Contracts for the Internation al Sale of Goods. or of the remaining provisions hereof under all circumstances. The terms and conditions cont ained in this Agreement may not be modified by you except in a writing duly sign ed by you and an authorized representative of RN.A. or withdraw funds via electronic transfer f rom your checking account (depending on what type of charge card you are using). and such decision shall not affect the enforceability of such provision under other circumstances. All payments are completely non-refundable. modify. thi s Agreement. This Agreement shall constitute the complete and exclus ive agreement between us. INC. b) Complete Agreement. Inc. including any minimum commitments. includin g the prohibition on consolidated arbitrations and class arbitration. RealSystem. vacate or enter judgment on the award rendered by the arbitrator(s ). 2601 Elliott Ave. You agree to provide RN with a valid credit card and accurate. Washington 98121 U. If any provision of this Agre ement is held to be unenforceable for any reason. Copyright (c) 1995-2007 RealNetworks. not the arbitrator. and/or its suppliers and licensors. Fai lure to comply may result in the immediate termination of Services. Seattle. the Software or Services or your use of the Software or Services. compl ete and updated information required by the subscription registration form. plus any applic able taxes. or arising out of. All rights rese rved. RealJukebox. The court. RealPlayer Plus. . Following the expiration of a trial period that may be provided to you in the so le discretion of RealNetworks. stay proceedings pending arbitration. Inc. TERMS OF SERVICE Terms of Service for Real Services 1. until you cancel the Services. shall determine arbitrability and enforce the arbitration agreements contained herein. Payments are billed in advance at the beginning of the applicable month. You and RN hereby consent to the exclusive jurisdiction of the state and fed eral 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. the Software or Services or your use of the Software or Services sh all be governed by the laws of the State of Washington and the Federal Arbitrati on Act.

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