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Real Networks License

Real Networks License

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REALNETWORKS, INC.

END USER LICENSE AGREEMENT REALNETWORKS PRODUCTS REDISTRIBUTION NOT PERMITTED Software License for RealNetworks Products IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement f or certain RealNetworks Products ("License Agreement") is a legal agreement betw een you (either an individual or an entity) and RealNetworks, Inc. and its suppl iers and licensors (collectively "RN" or "RealNetworks") for the RealNetworks so ftware which may include components provided by suppliers and licensors to RN (" Software"). The Software may include any of the following RealNetworks products including any combination of such products and Alpha, Beta, trial, pre-release, free, pay and premium versions of the products (collectively, "RN Products"): R ealOne ( "RealOne Player"), RealPlayer, RealJukebox and RealOne Player for Pocke t PC. You may install only ONE copy of the Software. By clicking on the "Accep t" 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 TH E SOFTWARE. YOU AGREE TO BE BOUND BY THE "TERMS OF SERVICE FOR REALONE SERVICES" ATTACHED HE RETO 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 LIC ENSE, 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 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 us e the Software and any related documentation ("Documentation") subject to the fo llowing terms: a) You may: (i) use the Software on any single computer; (ii) use the Softw are 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, p rovided any copy must contain all of the original Software's proprietary notices . b) The Software may include certain plug-in components ("Plug-Ins"), includ ing the ActiveX Control, Java plug-in, and RA XTRA plug-in. You may only call t o or otherwise use such Plug-Ins through the use of the realplay, rcansplg.so.6. 0, rpnp.so, rpnphelper, rcaembed.so.6.0, rcacore.so.6.0, 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 dire ct use of Plug-Ins through a non-RN proprietary application, including a custom or user-written application is prohibited by this License Agreement.

disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation. transfer. intranets. If you receive the first copy of t and a second copy on physical media (e. You may not circumvent or attempt to circumvent thi s system by any means. any commercial servic e or application. LICENSE RESTRICTIONS.). ALPHA RELEASE VERSIONS. the terms of this Section shall apply. or in conjunction with. including notice via the communic ations features described below. but not limited to. cable or other media) or broadcasting via the internet or other networ ks. including. or (vi) use the MP3 encoder in real time broadcasting (terrestrial. but not limited to songs a nd other audio recordings. You may not use the Software in any way to provide. etc. 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. or other license from a third party to create. 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. c) You may only use the Software for your private. but not limited to. applicable restricti ons concerning copyright and other intellectual property rights. 4. translate. Copies of content files. e) The Software embodies a serial copying management system required by the laws of the United States. copy. pl ayback and download features of the Software are intended only for use with publ ic domain or properly licensed content and content creation tools. The Software you are receivi ng may contain more or less features than the commercial release of the RN Produ ct that RN intends to distribute. reverse engineer. a) You may not: (i) permit other individuals to use the Software except und er the terms listed above. This license does not grant you an or update. (iv) rent. d) You may not use the Software in an attempt to. (ii) modify. do wnload. lease. While RN intends to distribute a commercial r elease of the Software.. record or save content files for playback by this Software or to serve o r distribute such files to be played back by the Software. the second copy transferred to or used by y right to any enhancement AND ENHANCEMENTS. You also may not use the RealJukebo x MP3 encoder in pay-audio or audio-on-demand applications. copyright. which are downloaded or copied using the Software. In the event that the Software is a alpha relea se version. s atellite. You may requ ire a patent. any de vice. Any such forbidden use shall immediately terminate your license to the Software. 2. RN reserves the right at any time not to release a comme . Your license to use the Soft ware expires 45 days after installation (or such other period as indicated by th e Software) and the Software may cease to function. CD. non-commercial use. decompile.g.c) RN may modify this License Agreement with respect to free versions of th e Software upon 14 days written notice to you. or as part of. including. disket may be used for archival purposes only and may not be any other person. program or service designed to circumvent technological measures employed to control access to. 3. an d which are protected by the copyright laws or related laws of any jurisdiction. or the rights in. The recording. (ii i) copy the Software or Documentation (except for back-up or archival purposes). or otherwise transfer rights to the Software or Doc umentation. a content file or other work protected b y the copyright laws of any jurisdiction. COPIES OF SOFTWARE he Software electronically te. such as. (v) remove any proprietary notices or labels on the Software or Docu mentation.

Yo u are responsible for any telecommunications or other connectivity charges incur red through use of the Software.rcial release of the Software or. to alter features. the terms of this Section shall apply. and s oftware that you're entitled to and to provide you with relevant information. While RN intends to distribute a commercial release of the Software. The Software you are receiving may contain more or less features than the comme rcial release of the RN Product that RN intends to distribute. To learn more. capabilities. BETA RELEASE OR PRE-RELEASE VERSIONS. such as bug fixes. or when RealOne Player detects a file i t does not support. This information is used t o access your regular account. AutoUpdate also has the capability to run independently of RealOne Player to perform background update checks. RN reserves the right at an y time not to release a commercial release of the Software or. If y ou have disabled cookies. You agree that you will not do anything to circumve nt or defeat the features designed to stop the Software from operating after the license expires. and other personalized services. a) The Software consists of interactive Internet applications that perform a var iety of communications over the Internet as part of their normal operation. to a lter features. user information including your user id will be sent in communications with RN's servers. A n umber of communications features are automatic and are enabled by default. By in stalling and/or using the Software. visit the RealNetworks Privacy Policy link on our website at http://www.com/company/privacy/index. c) AutoUpdate: The RealOne Player. certain updates to RealOne Player functionality will happen automati cally and without advance notification. You agree that the alpha re lease versions are not suitable for production use and may contain errors affect ing their proper operation. if released. general availability or other characteristics of the commercial release. premium content. functions. general availability or other characteristics of the commercial release. b) Cookies: The Software also allows the use of cookies. Automatic Services. RN may download updates during the b ackground checks. 5. as we desc ribe above. when RealOne Player automatically communicates with RN's serve rs. . AutoUpdate sends information about installed RealNetworks' p roducts and components to the servers to determine upgrade availability. non-premium content. AutoUpdate. Your license to use the Software expires 120 days after installation (or such ot her period as indicated by the Software) and the Software may cease to function. if released." However. you consent to the Software's communications features. In the event that the Software is a beta release or pre-release version. patches. specifications . services. functions. using AutoUpdate. 6. specifications. follow these steps: On t he Tools menu. select Preferences. RN may match the user id to personally identifiable information in order to provide you with products. licensing terms. similar to an Internet browser. automatically communicates with RN's servers on the Internet to check for updates to RN's and RN partner's software. capabilities.realnetworks. and then de-s elect "Automatically download and install software updates. release dates. when you manually check for updates. f eatures. This allows any website to set cookies for you when you view any of th e website's content through the Software. You agre e that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires. You agree that the beta release or pre-release versions are not suitable for p roduction use and may contain errors affecting their proper operation. AUTOMATIC COMMUNICATIONS FEATURES.html. licensing terms. release dates. Once you log into the Software. you may be asked to login each time you access premium software features and services and some RealOne services may not function prope rly. services. unless you have disabled cookies. missing plug-ins and n ew versions. enhanced functions. If you prefer to be notified when an auto-update is performed.

Internet protoc ols and other media types. despite th e provisions of AutoUpdate defined in Section 6(c). RN is not responsible for any communications to or from a ny third party DRM provider. You may not take any action to circumvent or defeat the securit y or content usage rules provided or enforced by either the DRM or the Software. If you sign up for services that send messages more often than the frequency you have selected. It is used to remind AutoUpdate and Message Center to per form their tasks at pre-scheduled intervals. Message C enter is set by default to show message headlines and to check for messages once or twice a week. known as "realsched.exe. RN is not responsible for the operation of the third party DRM in any way. als . your frequency se lection may be adjusted. SCHEDULER. 7. An application Scheduler. select 'Pr eferences'. Receipt of upgrade information is not optional. select 'Delivery Pr eferences' and select the desired preferences. DRMs are designed to manage and enforce intellectual property rights in digital content purchased ov er the Internet. including automatic updating of the DRM without further notice. RN or its suppliers may. The Media Type Helper ensures t he system is configured for correct operation of the RealOne Player with Multi-P urpose Internet Mail Extensions ("MIME") types. You can configure the Scheduler to only launch ce rtain services such as AutoUpdate . Automatic Services . The Scheduler does not collect personal information or communicate with RealNetworks' servers. and Media Type Helper when R ealOne Player is running by following these steps: On the Tools menu. or for the collection or use of information by thir d party DRMs. Media Type Helper may override the association and s ubstitute its own association.d) Message Center: The RealOne Player software. f rom time to time." is instal led along with RealOne Player. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs"). Message Center sends information about installed RealNetworks' products and components to the s ervers to allow receipt of suitable product update and other messages. Owners of such Secure Content ("Secure Content Owners") may. 8. You consent to the communications enabled and/or performed by the DRM. which are subject to their own license agreements. b) Content providers are using the digital rights management technology containe d in this Software to protect the integrity of their content("Secure Content") s o that their intellectual property. including revoc ation of your content. file extensions. Message Center can also run independe ntly of RealOne Player to perform background new message checks. you will be sent a Welcome Message that will enable you to opt-out of receiving Special Offers m essages and opt-in to receive other personalized messages. including copyright. automatica lly communicates with RN's servers to check for new important messages. it runs independently of RealOne Player. If a media type has been assigned a different action by a different application. then choose the services you want to run while Rea lOne Player is not running. The Messaging Center dialog appears. You can change the way messages are displayed and the frequenc y messages are checked by following these steps: On the View menu. in conjunction with such license. The Scheduler is also used to autom atically launch RealNetworks' Media Type Helper. You agree to indemnify and hold harmless RN for any claim relating to your use of a third party DRM. Once installed. request RN or its suppliers to provide security related update s to the DRM components of the Software ("Security Updates") that may affect you r ability to copy. in such content is not misappropriated. On Options. DRMs may be able to revoke your ability to use applicable content. using Message Center. display and/or utilize the Software. if you elect to download a license from the Internet which enables your use o f Secure Content. You therefore agree tha t. depending on your cat egories of interest. a) The Software includes a DRM called the RealSystem Media Commerce Update Softw are ("Media Commerce Software") and may include third party DRMs as Plug-in comp onents. select 'Messa ge Center'. The first time you use RealOne Player. includin g software updates and service bulletins. Message Center.

9. if provided by RN. RN and its suppliers will not retrieve any personally identifiable i nformation. shall be retained by the applicable Content owner and may be pr otected by applicable copyright or other law. usable only for inclusion in your pass . 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. Hardware information will also be sent for content passes. 5.com/company/privacy/index. the following terms app LIMITED WARRANTY. credit card transactions. This installation and hardware information will be scramb led a different way each time it is sent. (i) No Other Warranties. Usage information: RealNetworks may keep statistics on the aggregated anonymo us use of the Media Commerce Software.g. This license gives you no rights to such Content. Once the software is installed. or other information. from your computer by downloading such Securit y Updates. These tra nsactions are handled by the website providing the content and are governed by t hat party's privacy policy. RN also warrants that the media cont aining the Software.realnetworks. rights. Personal information: Media Commerce Software will not associate itself with any personal information in RealOne Player or anywhere else on your computer. Unless notification is provi ded to you. Financial information: Media Commerce Software does not interact with the pro cess of secure financial transactions. will substantially achi eve the functionality described in the Documentation. (a) ly: WARRANTIES AND LIABILITIES. information about your specific Media Commer ce Software installation and hardware will be sent to the content provider for i nclusion in the pass. 10. Th e Software and the Services are protected by the copyright laws of the United St ates and international copyright treaties. 2. However. RealNetwo rks does not share with third parties any personal information you provide in co nnection with our products without first obtaining your informed consent. Title. R ealNetworks' use of any personal information is governed by the RealNetworks pri vacy policy (http://www. ownership. e. Content passes: When obtaining passes for playback of content (such as a musi c or video file) in RealOne Player. RealOne Player must send certain anonymous information about the hardware on your comput er to the RealNetworks download server.o download onto your computer such Security Updates that a Secure Content Owner has requested that RN or its suppliers distribute. Title. if operated as directed. Hardware information: In order to download the appropriate software. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITT . ownership rights and intellec tual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demo nstration files.html). RN warrants that for a period of ninety (90) days from the da te of acquisition the Software. 4. and intellectual property rights in an d to the Software and Documentation shall remain in RN and/or its suppliers. 3. The Media Commerce Softwar e interacts with your computer in the following ways: 1. TITLE. For the Pay and Premium versions of RN Products. 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. informa tion about your hardware will not be stored on any server. c) The Media Commerce Software allows you to receive and playback content t hat has been digitally secured by a content provider. as described below. content partners using the Medi a Commerce Software will not provide RealNetworks with information on specific c ontent for which an individual user obtains passes.

00). THE SERVICES OR THE CONTENT. Repaired. THIS LIMITED WARR ANTY GIVES YOU SPECIFIC LEGAL RIGHTS. This warranty shall n ot 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 Softwa re was designed to be used as described in the Documentation. FITNESS FOR A PARTICULAR PURPOSE. LOSS OF BUSINESS INFORMATION. WARRANT OR GUA RANTEE ANY CONTENT PROVIDED BY OR THROUGH RN. RN DOES NOT ENDORSE. whichever is app licable. WORK STOPPAGE. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM S TATE/JURISDICTION TO STATE/JURISDICTION. or if you violate the terms of this Lice nse Agreement. SPECIAL. Alpha. if any. INCLUD ING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY. the Services and the Content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ACCOM PANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. SERVICES AND CONTENT REMAINS WIT H YOU. SPECIAL. Trial. OR OTH ER DAMAGES WHATSOEVER (INCLUDING. PUNITIVE. BECAUSE SOME STATES/JURISDICTIONS D O NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDE NTAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. you paid for the Software. If any modifications a re made to the Software by you during the warranty period. INDIRECT. DOCUMENTATION. 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 f orth in the Documentation. 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. BUSINESS INTERRUPTION. OR OTHER PECUNI ARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SO FTWARE. WITHOUT LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW T HE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. (ii) Customer Remedies. . THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b) For the Free.ED BY APPLICABLE LAW RN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER E XPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABI LITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE. RN's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25. DOCUMENTATION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE. FURTHER. Pre-Release. the following terms apply: DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. 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 re paired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation. DAMAGES FOR LOSS OF BUSINE SS PROFITS. THE SOFTWARE. AND NONINFRINGEMENT. RN FURTHER DISCLAIMS ALL WARRANTIES. INCIDENTAL. and Beta versions of RN Product s. Only if you inform RN of the problem with the Software during the appl icable warranty period and provide evidence of the date you acquired the Softwar e will RN be obligated to honor this warranty. RN's sole liability for a breach of this warranty sh all be in RN's sole discretion: (i) to replace your defective media. if the media is subje cted to accident abuse or improper use. IN NO EVENT SHALL RN BE LIABLE FOR ANY CONSEQUENTIAL. or (iii) if the above remedies are impracticable. INCIDENTAL OR CONSEQUENT IAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GO ODWILL. to refund the license fee. EVEN IF RN HAS BEEN ADVISED OF THE POSSIBIL ITY OF SUCH DAMAGES. LIMITATION OF LIABILITY. this warranty shall immediately terminate. SERVI CES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. 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.

Libya. or (ii) violated any terms of this License Agreement.S. and content creation tools. Iraq. GOVERNM ENT RESTRICTED RIGHTS: This Software and documentation are provided with RESTRI CTED RIGHTS.S.co m. copyright and other permissions. documentation and related materials provided by RN. and may not be assign ed without RN's express written consent. This License Agreement will automatically terminate if you fail to comply with any term hereof. If you are importing the Software from the United States. patent or other licenses ar e necessary and to obtain any such licenses to serve and/or create. and/or clearances. Technical support for the Software. or (ii) to anyone on the U. You agree to record. By using the Software you are agreeing to the foregoing a nd are representing and warranting that (i) no U. It is you r responsibility to ascertain whether any copyright. compress or download such media and content. licenses.real. or certify destruction of. 15. You are responsible for complying with all trade regulations and laws both foreign and domestic./2601 Elliott. 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. RN may terminate this License Agreement on thirty (30) days' wri tten notice.227-19 when applicable. its officers. Serbia (except Kosovo). North Korea. No notice shall be required from RN to ef fect such termination.S. U.227-7013. This Agreement is personal to you. Commerce Department's Denied Parties List or Entity List. play back and download on ly those materials for which you have the necessary patent. directors and employees. Iran. U. TERMINATION. fines and expenses (including attorneys' fees and costs) arising ou t of or relating to any claims that you have (i) viewed. Washingt on 98121. content. 13. as applicable . Inc. co mpressed. revoked. 14. You agree to hold harmless. Sudan and Syria or any other country subjec t to a U. NO ASSIGNMENT. or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR S 252. Cuba. you shall immediately discontinue use of the Software and shall wi thin three (3) days return to RN. is described at RN's technical support website: http://service. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. TECHNICAL SUPPORT. all full or partial copies of the Software. You acknowledge that none of the Software or underl ying information or technology may be downloaded or otherwise exported or re-exp orted (i) into Afghanistan (Taliban-controlled areas).S. as made availabl e by RN. Suite 1000/Seattle. embargo. Yo ur obligation to pay accrued charges and fees shall survive any termination of t his License Agreement. or denied you export privileges. Upon any termination of this Licen se Agreement. Treasury Department's list of Specially Designated Nationals or the U. you shall indemnify and hold RN harmless from and against any import and export duties or other claims a rising from such importation. INDEMNIFICATION. encoded. Use. damages. (ii) you are not located in or under .S.11. from and against any loss es. 12. indemnify and defend RN. downloaded. Both parties shall perform under this License Agreement until such termination is effective. you shall provide written notice of such merger or acquisition not later than t he date on which any public announcement is made.S. federal agency has suspended . and in similar clauses in the NASA FAR supplement. You may also terminate this License Agreement at any tim e by notifying RN in writing of termination. If RN does not consent to ass ignment of this License Agreement to the new or acquiring entity in such merger or acquisition. Manufacturer is RealNetworks. In the event that you are an entity th at merges with another entity or are acquired by another entity during the Term. duplication or disclosure by the Government is subject to res trictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52. This Software and the Services are intended for use on ly with properly licensed media.

suc h provision shall be reformed only to the extent necessary to make it enforceabl e. You and RN agree that the exclusive remedy for a ll disputes and claims relating in any way to. and (iii) you will not export or re-export the Software to any prohibited county . Parts 730-774. IMPORTANT--MISCELLANEOUS. whether formally rejected b y RN or not. or to any prohibited person. or a breach by reverse engineering).S. The acceptance of any purchase order is you place is expressly mad e conditional on your consent to the terms set forth herein. For more information on the U. or arising out of. To the fullest extent permitted by applicable law: no arbitration und er this License Agreement shall be joined to an arbitration involving any other current or former licensee of RN. You and RN must commence an arbitration by filing a de mand for arbitration with the AAA within ONE (1) YEAR after the date the party a sserting the claim first knows or reasonably should know of the act.doc. You and RN may litigate in court only to compel arbitration u nder this License Agreement or to confirm. . but not limited to.R. This License Agreement shall constitute the complete an d exclusive agreement between us. or to any ot her alleged act or omission by you or RN toward the other. You and RN also agre e that the AAA Optional Rules for Emergency Measures of Protection shall apply t o the proceedings.the control of a national or resident of any such country or on any such list. This License Agreement shall be governed by the laws of the Stat e of Washington and the Federal Arbitration Act. If any pro vision of this License Agreement is held to be unenforceable for any reason. export c ontrols. b) Complete Agreement. any breach that ma y impact RN's intellectual property rights. omission or default giving rise to the claim. RN may seek injunctive relief.S. and no conclusion of law in any other arbitration may be given any wei ght in any arbitration hereunder (unless determined in another proceeding betwee n you and RN). To the extent that you have breached or ha ve indicated your intention to breach this License Agreement in any manner which violates or may violate RN's intellectual property rights. shall be final and bi nding arbitration.gov). and the Bureau of Export Administration ("BXA"). judici al or similar proceeding may be given preclusive or collateral estoppel effect i n any arbitration hereunder (unless determined in another proceeding between you and RN). 16. a) Arbitration & Jurisdiction. The terms and cond itions contained in this License Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of RN. Export Administration Regulations (EAR ).). This License Agreement will not be governed by the United Nations Conventi on of Contracts for the International Sale of Goods. entity. no finding or stipulation of fact in any other arbitration. the application of which is hereby expressly excluded. vacate or enter judgment on t he award rendered by the arbitrators.bxa. The arbitration shall be conducted under the Commercial Arbi tration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Washington. modify. notwithstanding any variance with any purchase order or other written instrument submitted by you. or any other appropriate relief. this License A greement. the claim must be asserted with in the shortest time period in excess of one year that is permitted by applicabl e law. or of the remaining provisions hereof under all circumstan ces. or may cause continu ing or irreparable harm to RN (including. without regard to conflicts of law provisions. the Services. whether through class arbitration proceedings or otherwise. and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a o ne-year limitations period for asserting claims. and you hereby consent to the exclusive jurisdiction of the stat e and federal courts sitting in the State of Washington. in any court of competent jurisdiction.F. and such decision shall not affect the enforceability of such provision under other circumstances. or end-user as specified by U. or your use of the Services (including the arbitrability of any claim or dispute and the enforceability of this paragraph). 15 C. ple ase see the BXA homepage (http://www.

support and access to content as described. or withdraw funds via electronic tr ansfer from your checking account (depending on what type of charge card you are using). until you cancel the Services. You agree to provide RN with a valid credit card and accurat e. RealPlayer. That amount is also due immediately.5% (or the highest amount allowed by law. AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Suite 1000.READ CAREFULLY: These Terms of Service for RealOne Services ("Agree ment") is a legal agreement between you (either an individual or an entity) and RealNetworks. DO NOT PURCHASE OR USE THE SERVICES. RealOne Player for Pocket PC and RealOne Ser vices are registered trademarks or trademarks of RealNetworks. YOUR USE OF THE REALONE PLAYER SOFTWARE WILL BE GOVERNED BY THE REALONE PLAYER L ICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. Seattle. RealMedia.. RealNetworks. EXHIBIT A REALNETWORKS. Failure to comply may result in the immediate termination of Services.S. RealOne. Inc. RN will assess an additional 1. You may only r eceive the Services if you are a Service subscriber in good standing with a vali d. THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRET ION OF REALNETWORKS. Inc. RealAudio. but RN will not refund any remaining por tion of your subscription fees. The Services inclu de product upgrades. authorized credit card on file with RealNetworks. INC. You are responsible and liable for any f ees. Inc. 1. PAYMENT & SERVICES. AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE RN PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATIO N OF THE SOFTWARE.A. Y ou may cancel the Services at any time. RealOne Player. you agree to pay RealNetworks the monthly service charges for your use of the Services using a valid credit card.Copyright (c) 1995-2001 RealNetworks. that RN may incur in its efforts to . and/or its suppliers and licensors. R ealSystem. and its suppliers and licensors (collectively "RN" or "RealNe tworks") for the RealNetworks RealOne Services ("Services"). UNDERSTAND IT. Following the expiration of a trial period that may be provided to you i n the sole discretion of RealNetworks. or if you are in the trial period of the Services. Washington 98121 U. All rights rese rved. RealJukebox. including any minimum commitments. including attorney and collection fees. 2601 Elliott Ave. All payments are completely non-refundable. Payments are billed in advance at the b eginning of the applicable month. whichev er is lower) per month late charge if your payment is more than 30 days past due . IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. TERMS OF SERVICE FOR REALONE SERVICES Terms of Service for RealOne Services IMPORTANT -. YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGR EEMENT. RealVideo. already bille d to your account. 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. complete and updated information required by the subscription registration fo rm. plus an y applicable taxes.

or a pro-rata refund at RN's sole discretion. You also agree that you will be bille d for and will pay any outstanding balances if you cancel the Services. or the S ervices are terminated. artwork. You understand and agree that cancellation of your subscription is your sole rig ht and remedy with respect to any dispute with RN. ANY ERRORS OR OMISSIONS IN ANY CONTENT. . or RN's enforcement or application of these policies. graphics. audio. Further. messages or oth er materials (collectively. y ou may be exposed to Content that you may find objectionable. you may contact RealNetworks by phone at 1-888-768-32 48 (from the United States or Canada).com/help/call. (5) any RealNetworks Software or Content provided by or through RealNe tworks. This includes. imag es. or 1-206-674-2650 from other locations. AVAILABILITY OF THE CONTENT. "Content") provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated an d not RN. billing methods. 2. applicable taxes. (2) any policy or pra ctice of RN. (4) your ability to access and/or use the Content. If you do not bring them to RN's attention within 90 days.real. This Agreement will automatically terminate if you fail to comply with any term. RN may terminate this Agreement and any Services at any time upon notice to you. 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. multimedia presentations. applicable taxes. or (6) the amount or type of fees. Cancellation in structions are available through the 'Manage My Membership' Options on the My Ac count Main page. you will be responsible for all charges for the entire minimum commitment period. THE SUBJECT MA TTER OF THE CONTENT. YOUR RIGHT TO CANCEL REALONE SERVICES You may cancel the RealOne Services at any time. Upon any terminati on of this Agreement (whether by you or RN). or billing methods. You will not receive a ny refund or partial refund for any charges already billed to your account. (2) any generally available RealOne Player upgrades r eleased during your subscription period. In the event you signed up for a minimum commitment period. or any change to the fees. 3. content or nature of the Services. including any RN Privacy Policy. provided that you will be entitled to receive the Services for any period f or which you have already paid. Your obligation to pay accrued charges and fees shall survi ve any termination of this Agreement.html. video. you agree that you waiv e your right to dispute such problems or discrepancies. data. UNDER NO CIRCUMSTANCES WILL RN BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD. sound. You agree to notify RN about any billing problems or dis crepancies within 90 days after they first appear on your account statement. BUT NOT LIMITED TO. including but not lim ited to the price. but is not li mited to. photographs. you shall immediately discontinue u se of the Services. You understand that by using the Service and accessing the Content. During your subscription period.com. INCLUDING. (3) the Content available through RN or the Internet or any change in Content provided through RN.real. text. software. musical compositions. R N may provide notice by e-mail or by publishing the changes on its website.collect any remaining balances from you. No notice shall be required from RN to effect such termination. any dispute related to. REALNETWORKS' RIGHT TO TERMINATE OR MODIFY SERVICES RN may modify the terms of this Agreement or the Services. and (3) RealOne Player support services as described at http://service. you may terminate the Service s. You may cancel the s ervices by accessing your RealNetworks account at www. it is your respons ibility to determine which Content meets your standards. or arising out of: (1) any term of this Agree ment or RN's enforcement or application of this Agreement. You understand that all information. upon notice to you. In th e event RN modifies the Agreement or the Services. QUALITY OF THE CONTENT. you will be entitled to receive: (1) premium C ontent (as defined below).

but not limited to. indicates your acceptance o f the terms of the RealNetworks Privacy Policy. Your ele ction to use the free or paid Software and Services. purchase information and credit card billing inf ormation.S.com/company/privacy/index. Except as specifically auth orized herein. c) You may not attempt to. circumvent technological measures employed to control access to. (iii) copy or redistribute the Content. under any circumstances. delete from. RealNetworks uses this information to: a) Verify access rights to premium content. applicable restrictions concerni ng copyright and other intellectual property rights. c) To allow you to purchase and download products and services. a) You agree that you shall only use the Services and Content in a manner that c omplies with all applicable laws in the jurisdictions in which you use the Servi ces and Content. including but not limited to that is streamed. You may not. services. translate. downloaded or copied using the Services are protected by t he U. a Content file. 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. any device.realnetworks. You may not use the Services or Content in any way to provide. content preferences. software program or service. d) To provide you with advertising. e) To provide you with personalized content programming. services or software. instructions and serv ices (such as local radio stations or to retain a list of your recently played s tations). and are for your own personal use only. To summarize key terms of the RealNetworks Privacy Policy: Inf ormation collected during product purchase. (ii) modify. or the rights in.html. copyright laws and related laws of other jurisdictions. b) You may only use the Services and Content for your private. The information is stored locally on a user's personal computer and o n RealNetworks servers and is sent to and from such servers as part of routine p roduct communications that enable RealOne Player functionality. or broadcast or perform the Content outside your normal cir cle of family and social acquaintances. or as part of . 5. d) In addition to any other remedies available in equity or law to RN and RN's C ontent suppliers. e-mail address. SERVICE USE RESTRICTIONS. including. All Content. gender. b) To provide you with information about products. non-commercial us e. age. information on software downloads and updates. in conjunction with. (v) rem ove any proprietary notices or labels on the Content or Service. or otherwise transfer rights to the Content or the Services. location information.4. you may not: (i) permit other individuals to use the Content and Services. distribute or create derivative works of the C ontent or the Services. lease . (iv) rent. systems in formation. news and events. alter. product an d service information. . PERSONAL INFORMATION AND PRIVACY Personal information you provide to RealNetworks is governed by RealNetworks Pr ivacy Policy at http://www. any commercial service or application. so please review it carefully if you have any questions about RealNetworks treatment of personal information you provide to us. or otherwise modify the Content. transfer. and (vi) add to . distribute Conten t to third parties. and you may not circumvent or attempt to c ircumvent this system by any means. promotions and special offers we feel you may be interested in based on content preferences and other information you prov ide to us. The Service embodies a copy management system requi red by the laws of the United States. trial sign up and product registrat ion includes name.

and title information ( Gracenote Data ) from online servers ( Gracenote CDDB Servers ) and to perform other functions. If your license terminates. artist. the Gracenote CDDB Client. the Gracenote CDDB Client.com. copy. 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. OR GRACENOTE CDDB SERVERS. E-MAIL NOTIFICATION. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA. or opt out of the Re alOne Service e-mail as provided in each e-mail. R N will send you e-mail describing the latest Content and how to get access to th e Content. and Gracenote CDDB Servers. including all ownership rights. track. EXCEPT AS EXPRESSLY PERMITTED HER EIN. The software from Gracenote (the Gracenote CDDB Client ) enab les this application to do online disc identification and obtain music-related i nformation. traf fic patterns and what types of content and services are most popular with users of our products and services. Gracen ote reserves all rights in Gracenote Data.html. Gracenote makes no representations or warranties. California d/b/a Gracenote ( Gracenote ). you will receive this e-mail even if you have opted out of receiv ing other e-mail from RN. royalty payments and assessment of service levels. You may use Gracenote Data only by means of the intended End User functions of this application software. and Grace note CDDB Servers for your own personal non-commercial use only. of Berkeley. You agree that your non-exclusive license to use the Gracenote Data. including name.com/company/privacy/index. You are responsible for all activities that occur in your acc ount and you agree to notify RealNetworks immediately of any unauthorized accoun t use. billing. RN may send you such e-mail to the address you provide. and the Gr acenote CDDB Servers. you agree to cease any and all use of t he Gracenote Data. and Gracenote CDDB Servers will terminate if you violate these r estrictions. please e-mail us at privacy@real. Gracenote reserves the right to delete da ta from the Gracenote CDDB Servers or to change data categories for any cause th . transfer or transmit the Gracenote CDDB Client or any Gracenote Data to any third party. Inc. may enforce its rights under this Agreement against you directly in its own name .realnetworks. Inc. If you have questions about our Privacy Policy. This information is treated according to the RealNetworks Privacy Policy at http ://www. THE FOLLOWING TERMS APPLY TO YOUR USE OF GRACENOTE TECHNOLOGY: This application contains software from CDDB. You agree that CDDB. The Gracenote CDDB Client and each item of Gracenote Data are licensed to you AS IS. If you do not want to receive this e-mail. You are responsible for maintaining the confidentiality of your password and acc ount information. You agree that as a Service subscriber.f) For license reporting. You agree not t o assign. the Graceno te CDDB Client. THE GRA CENOTE CDDB CLIENT. express or implied. 6. You agree that you will use Gracenote Data. To let you know what new Content and Services are available from time to time. Because this e-mail is necessary for you to receive the Services. regardi ng the accuracy of any Gracenote Data. g) To better understand on an aggregated basis how our products are used. you may ca ncel the Service at any time as provided in this Agreement. the Gracenote CDDB Client.

Gracenote does not warrant the results that will be obtained by your use of the Gracenote CDDB Client or any Gracenote CDDB Server. FITNESS FOR A PARTICULAR PURPOSE.at Gracenote deems sufficient. IMPLIED WARRANTIES OF MERCHANTABILITY. INCLUDING. T ITLE. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED. No warranty is made that the Gracenote CDDB Clien t or Gracenote CDDB Servers are error-free or that functioning of Gracenote CDDB Client or Gracenote CDDB Servers will be uninterrupted. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES. Gracenote is not obliga ted to provide you with any new enhanced or additional data types or categories that Gracenote may choose to provide in the future and is free to discontinue it s online services at any time. BUT NOT LIMITE D TO. AND NON-INFRINGEMENT. .

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