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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.
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.
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.
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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.
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