END USER LICENSE AGREEMENT REALNETWORKS PRODUCTS AND SERVICES 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. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR 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. FOR YOUR USE OF THE GRACENOTE TECHNOLOGY, YOU AGREE TO BE BOUND BY THE "GRACENOT E END USE LICENSE" ATTACHED HERETO AS EXHIBIT B. PERSONAL INFORMATION YOU PROVIDE TO REALNETWORKS IS GOVERNED BY THE REALNETWORKS PRIVACY POLICY AT 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

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

A number of communications features are automatic and are enabled by default. While RN intends to distribute a commercial rele ase of the Software. Your license to use the Softwar e expires 45 days after installation (or such other period as indicated by the S oftware) and the Software may cease to function. visit the RealNetworks Privacy Policy link on our website at h ttp://www. using AutoUpdate.aspx. 6. To learn more. and software that you're entitled to and to provide you with relevant information. c apabilities. Y ou are responsible for any telecommunications or other connectivity charges incu rred through use 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. ALPHA RELEASE VERSIONS. specifications. 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 b) Cookies: The Software also allows the use of cookies. and other personalized services. 5. release dates. FIREWALL CONFIGURATION. a) The Software consists of interactive Internet applications that perform a va riety of communications over the Internet as part of their normal operation. similar to an Internet browser. unless you have disabled cookies. user information including your use r id will be sent in communications with RN's servers. The Software configures certain firewall applicatio ns such that the user is not alerted when the Software requests or receives data necessary for playback of content over the UDP protocol. In the event that the Software is an alpha release version. automatically communicates wit h RN's servers on the Internet to check for updates to RN's and RN partner's sof . services. RN reserves the right at any time not to release a commerci al release of the Software or. to alter features. if released.realnetworks. 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. functions. This information is used to access your regular account. licensing terms. The Software you are receiving may contain more or less features than the commercial release of the RN Product that RN intends to distribute. premium content. While RN intends to distribute a commercial release of the Software. 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. functions. This allows any website to set cookies for you when you view any of t he website's content through the Software. BETA RELEASE OR PRE-RELEASE VERSIONS. You agree that the alpha relea se versions are not suitable for production use and may contain errors affecting their proper operation. release dat es. AUTOMATIC COMMUNICATIONS FEATURES. features. In the event that the Software is a b eta release or pre-release version. non-premium content. Once you log into the Software. general availability or other characteristics of the commercial release. if released. By i nstalling and/or using the Software. the terms of this Section shall apply. services. 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. 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. specifications. 7. RN may match the user id to personall y identifiable information in order to provide you with products. capabilities. to alter features. RN reserves the right at any ti me not to release a commercial release of the Software or. If you have disabled cookies. c) AutoUpdate: The RealPlayer. general availability or other characteristics of the commercial release. the terms of this Section shall apply. you consent to the Software's communication s features. licensing terms.

select 'Message Center'. If you sig n up for message topics that necessitate a greater frequency than you previously selected. automatically communicates with RN's servers to check for new important messages. select Preferences. AutoUpdate. select 'Preferences' and set your desired preferences. b) Content providers are using the digital rights management technology contain . You agree to indemnify and hol d harmless RN for any claim relating to your use of a third party DRM. located under the Tools menu. Message Center sends infor mation about installed RealNetworks' products and components to the servers to d etermine relevant software update messages. RN may download updates during the backgrou nd checks. You consent to the communications enabled and/or performed by the DR M. when RealPlayer automatically communicates with RN's servers. using Message Center. 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"). 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. 9. despite the p rovisions of AutoUpdate defined in Section 6(c). 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 .exe. then within Message Center. If you prefer to be no tified when an auto-update is performed. enhanced functions. or for the collection or use of information by third p arty DRMs. RN is not responsible for any communications to or from any third party DRM provider. 8. DRMs may be able to revoke your ability to use applicable content. and then de-select "Automatically download and i nstall software updates. which are subject to their own license agreements. patches. 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. Message Center and the Watch Folders feature to perform their tasks at pre-scheduled intervals. 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"). 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. including automatic updating of the DRM without further notice. It is used to remind AutoUpdate. AutoUpdate also has the capability to run independently of RealPlayer to perform background update checks. sel ect 'Options'.tware. Scheduler also watch es for and alerts RealPlayer to connection and disconnection of portable devices . known as "realsched. AutoUpdate sends information about installed RealNetworks' products and com ponents to the servers to determine upgrade availability." d) Message Center: The RealPlayer software. follow these steps: On the Tools menu. Once installed. DRMs are designed t o manage and enforce intellectual property rights in digital content purchased o ver the Internet. The Scheduler does not collect personal information or communicate with RealNetworks ' servers. such as bug fixes. including revocati on of your content. it runs independently of RealPlayer. An application Scheduler. when yo u manually check for updates. You can control these activities via the Automatic Services section of the Pre ferences dialog. Message Center can also run independentl y of RealPlayer to perform background message checks. RN is not responsible for the operation of third party DRM in any way. including s oftware updates and service bulletins. SCHEDULER. or when RealPlayer detects a file it does not supp ort. missing plug-ins and new versions. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs")." is installed along with RealPlayer. your frequency setting may be adjusted to accommodate your topic choi ces.

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

ownership. (ii) Customer Remedies. to re fund the license fee. (a) For the Pay and Premium versions of RN Products. if any. you w ill still be able to access unprotected content and Secure Content that does not require the upgrade. 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 . If any modifications are made to the Software by you during the warranty period. 10. if provided by RN. Non -Microsoft WM-DRM Software may do the same. you wil l not be able to access content that requires the WM-DRM Upgrade. WM-DRM features that access the Internet. 11. WARRANTIES AND LIABILITIES. When these features are switched off. TITLE. 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. Title. this warranty shall immediately terminate. 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. RN warrants that for a period of ninety (90) days from the da te of acquisition the Software. 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. When you attempt to play such content. 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. rights. shall be retained by the applicable Content owner and may be prote cted by applicable copyright or other law. THIS LIMITED WARRANT Y GIVES YOU SPECIFIC LEGAL RIGHTS.rades") before accessing their content. will substantially achi eve the functionality described in the Documentation. if the media is subjecte d to accident abuse or improper use. and intellectual property rights in and t o the Software and Documentation shall remain in RN and/or its suppliers. Title. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STAT E/JURISDICTION TO STATE/JURISDICTION. 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. The S oftware and the Services are protected by the copyright laws of the United State s and international copyright treaties. 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. you paid for the Software. THE ACCOMPAN YING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. 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. if operated as directed. 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. the following terms apply: LIMITED WARRANTY. Repaired. This license gives you no rights to such Content. such as acquiri ng new licenses and/or performing a required WM-DRM Upgrade. or if you violate the terms of this License Agreement. If you decline the upgrade. or (iii) if the above remedies are impracticable. however. RN also warrants that the media cont aining the Software. 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. can be switched off .

you shall indemnify and hold RN harmless from and against any import and expo rt duties or other claims arising from such importation. OR OTHER PECUNI ARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SO FTWARE. from and against any losses. INDEMNIFICATION. AND NONINFRINGEMENT.00). SPECIAL. If you are importing the Software from the United State s. WORK STOPPAGE. EVEN IF RN HAS BEEN ADVISED OF THE POSSIBIL ITY OF SUCH DAMAGES. Pre-Release. You may also terminate this License Agreement at any time b y notifying RN in writing of termination. or download such media and content. FITNESS FOR A PARTICULAR PURPOSE. its officers. INCIDENTAL. THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS D O NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDE NTAL DAMAGES. SERVICES AND CONTENT REMAINS WIT H YOU. INCIDENTAL OR CONSEQUENT IAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GO ODWILL. RN FURTHER DISCLAIMS ALL WARRANTIES. 13. encoded. compress. play back and download only those materials for which you have the necessary patent. Trial. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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 a nother party's rights or in violation of any law. you shall immediately discontinue use of the Software and shall withi . INDIRECT. 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. BUSINESS INTERRUPTION. IN NO EVENT SHALL RN BE LIABLE FOR ANY CONSEQUENTIAL. It is your r esponsibility to ascertain whether any copyright. LOSS OF BUSINESS INFORMATION. (b) For the Free. and content creation tools. or (ii) violated any terms of this License Agreement. patent or other licenses are n ecessary and to obtain any such licenses to serve and/or create. No notice shall be required from RN to effec t such termination. DAMAGES FOR LOSS OF BUSINE SS PROFITS. 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 will RN be obligated to honor this warranty. achieve the functionality described in the Documentation. You agree to hold har mless. 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. INCLUD ING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY. SPECIAL. damages. convert. WARRANT OR GUA RANTEE ANY CONTENT PROVIDED BY OR THROUGH RN. OR OTH ER DAMAGES WHATSOEVER (INCLUDING. indemnify and defend RN. 12. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW T HE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. WITHOUT LIMITATION. 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. SERVI CES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. copy right and other permissions. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE. PUNITIVE. Alpha. whichever is appli cable. conve rt. the Services and the Content. fines and expenses (including attorneys' fees and c osts) arising out of or relating to any claims that you have (i) viewed. This Software and the Services are intended for use only with properly licensed media. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. directors and employees. This License Agreement will automatically terminate if you fa il to comply with any term hereof. RN DOES NOT ENDORSE. THE SERVICES OR THE CONTENT. Upon any termination of this License Agreement. LIMITATION OF LIABILITY. converted. licenses. You agree to record. TERMINATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. the following terms apply: DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. RN's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25. content. DOCUMENTATION. and/or clearances. FURTHER. downloa ded. compressed.

F. 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). and (iii) you will not export or re-export the Software to any prohibited county. documentation and related materials provided by RN. please see the BXA homepage (http://bxa. yo u shall provide written notice of such merger or acquisition not later than the date on which any public announcement is NO ASSIGNMENT. or your use of the Software or Services shall be fin al and binding arbitration. GOVERNMENT RESTRICTED RIGHTS: This Software and documentation are provided with RESTRICTE D nternational/uk/. Inc. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U. Sudan and Syria or any other country subject t o a U. You and RN agree that the exclusive remedy for a ll disputes and claims relating in any way to.S. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement./2601 Elliott.S.S.n three (3) days return to RN. Libya. 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"). o r to any prohibited person. Suite 1000/Seattle.R. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term. or denied you export privileges. Export Administration Regulations (EAR). the Software or Services.S. U. Iran. 14. export cont rols. TECHNICAL SUPPORT. Both parties shall perform under this Agreement until such termination is effective. 15 C. a) Arbitration & Jurisdiction.S. as made available b y RN.S. all full or partial co pies of the Software. and in similar clauses in the NASA FAR supplement. Nor th Korea. 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). including any arbitration involving any other curren t or former licensee of RN. Serbia (except Kosovo). To the fullest exte nt permitted by law: no arbitration under this License Agreement shall be joine d to any other arbitration. federal agency has suspended. This Agreement is personal to you. or end-user as specified by U.227-19 when applicable. or arising out of. Use. entity. U. this Agreement . Iraq. 16. 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. embargo.fedworld. Parts 730-774. and may not be assigned without RN's express written consent. (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. Commerce Department's Denied Parties Li st or Entity List. IMPORTANT--MISCELLANEOUS. Cuba. You are responsible for complying with all trade regulations and laws bo th foreign and domestic. or in subparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 2 52. r evoked. If RN does not consent to assign ment of this Agreement to the new or acquiring entity in such merger or acquisit ion. Treasury Department's list of Sp ecially Designated Nationals or the U. no finding or stipulation of fact in any other arbitration. 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) . or (ii) to anyone on the U. For more information on the U. RN may terminate this Agreement on thirty (30) days' written notice. Washington 98121. The arbitration shall take place in the State of Washington. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. or certify destruction of. Manufacturer is RealNetworks. Technical support for the Software. 17. is described at RN's technical support website: http://service. 15. no class arbitration proceedings shall be permitted. and the Bureau of Export Administration ("BXA").227-7013.S.S. as applicable.

RN will pay all arbitration fees and arbitrator c ompensation. and such decision shall not affect the enforceability of such provision under other circumstances. INC. including the prohibition on consolidated arbitrations and class arbitration. the Software or Services or your use of the Softwa re or Services. vac ate or enter judgment on the award rendered by the arbitrator(s). Following the expiration of a trial period that may be provided to you in the so le discretion of RealNetworks. and/or its suppliers and licensors. Seattle. PAYMENT & SERVICES. notwithstanding any variance with any purchase order o r other written instrument submitted by you.. 2601 Elliott Ave. the application of which is hereby expressly excluded. RealPlayer Plus. Suite 1000. this Agreement. Your arbitrati on fees and your share of arbitrator compensation will be limited to those set f orth in the AAA's Consumer Rules with the remainder paid by RN. This Agreement shall constitute the complete and exclus ive agreement between us. RealP layer for Pocket PC and Real Services are registered trademarks or trademarks of RealNetworks. Washington 98121 U. If any provision of this Agre ement is held to be unenforceable for any reason. RealNetworks. TERMS OF SERVICE Terms of Service for Real Services 1. Inc. the claim must be asserted within the shortest time pe riod in excess of one year that is permitted by applicable law. and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations per iod for asserting claims.). RealSystem. Copyright (c) 1995-2009 RealNetworks. in accordance with the billing terms and prices in effect at t . Inc. such provision shall be reform ed only to the extent necessary to make it enforceable. modify. If such costs a re determined to be excessive. or ar ising out of. plus any applicable taxes. b) Complete Agreement.A. RealJukebox. whether formally rejected by RN or not. Last modified: August 22. This Agreement will n ot be governed by the United Nations Convention of Contracts for the Internation al Sale of Goods. not the arbitrator. this Agreement. shall determine arbitrability an d enforce the arbitration agreements contained herein. or to confirm. RealPlayer.S. omission or default giving rise to the claim. You and RN may litigate in court only to compel arbitration under this Agreement. The court. All rights rese rved. or arising out of. 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. You and RN must commence an arbitration by filing a demand for arbitration wi th the AAA within ONE (1) YEAR after the date the party asserting the claim firs t knows or reasonably should know of the act. This Agreement and all dis putes and claims relating in any way to.. 2010 EXHIBIT A REALNETWORKS. the Software or Services or your use of the Software or Services shall be governed b y the laws of the State of Washington and the Federal Arbitration Act. stay proceedings pending arbitration. The acceptance of any purchase order you place is expressly made condition al on your consent to the terms set forth herein. You and RN he reby consent to the exclusive jurisdiction of the state and federal courts sitti ng in the State of Washington to enforce the provisions of this Section 16 and t o resolve any disputes and claims cognizable in court relating in any way. or of the remaining provisions hereof under all circumstances. you agree to pay RealNetworks the monthly service charges for your use of fee-based Services using a valid credit card.

(2) any policy or practice of RN. or any change to the fees. This includ es. graphics. until you cancel the Services. AVAILABILITY OF THE CONTENT. You may cancel the services by accessing your RealNetworks account at https://account. multimedia presentations. applicable taxes. During your subscription period. whichev er is lower) per month late charge if your payment is more than 30 days past due . data. that RN may incur in its efforts to collect any remaining balances from you. You also agree that you will be bille d for and will pay any outstanding balances if you cancel the Services. Further. You may cancel the Services at any time. images. In the event y ou signed up for a minimum commitment period.he time the fee or charge becomes payable. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with RN. or arising out of: (1) any t erm of this Agreement or RN's enforcement or application of this Agreement. any dispute related to. ANY ERRORS OR OMISSIONS IN ANY C Cancellation instructions are available through the 'Manage My Membership' Opt ions on the My Account Main page. You will not receive any refund o r partial refund for any charges already billed to your account. including attorney and collection fees. or the S ervices are terminated. but is not limited to. (5) any RealNetworks Software or Content provided by or through RealNetworks. You are responsible and liable for any f ees. You understand that all info rmation. All payments are completely non-refundable. "Content") provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not RN. You agree to notify RN about any billing problems or dis crepancies within 90 days after they first appear on your account statement. YOUR RIGHT TO CANCEL REAL SERVICES You may cancel the Real Services at any time. including any minimum commitments. (4) your ability to acce ss and/or use the Content. (2) any generally available RealPlayer upgrades relea sed during your subscription period. You agree to provide RN with a valid credit card and accurate. complete and updated information required by the subscription registration form . THE SUBJECT MATTER OF THE CONTENT. OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF TH E USE OF ANY CONTENT PROVIDED AS PART OF THE SERVICE. you will be entitled to receive: (1) premium C ontent (as defined below). You authorize RN to automatically bi ll the charge card you provide each month. If you do not bring them to RN's attention within 90 days. text. BUT NOT LIMITED TO. already billed to your account.real.5% (or the highest amount allowed by law. musical compositions. audio. bi lling methods. you agree that you waiv e your right to dispute such problems or discrepancies. it is your responsibili ty to determine which Content meets your standards. you may contact RealNetworks by phon e at 1-888-768-3248 (from the United States or Canada). . UNDER NO CIRCUMSTANCES WILL RN BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBS CRIPTION PERIOD. but RN will not refund any remaining porti on of your subscription fees. sound. video. or withdraw funds via electronic tran sfer from your checking account (depending on what type of charge card you are u sing). RN will assess an additional 1. applicable taxes. including any RN Privacy Policy. or RN's enforceme nt or application of these policies. You understand that by using the Service and accessing the Content. a rtwork.html. or 1-206-674-2650 from o ther messages or other ma terials (collectively. and (3) RealPlayer support services as desc ribed at http://service. INCLUDING. you ma y be exposed to Content that you may find objectionable. or (6) the amount or type of fees. photographs. software. Failure to comply may result in the immediate termination of Services. 2. QUALITY OF THE CONTENT. Payments are billed in advance at the beg inning of the applicable month. That amount is also due immediately. or billing methods. you will be responsible for all ch arges for the entire minimum commitment period. (3) the Content available through RN or the Internet or any change in Content provided through RN.

you may terminate the Service so please review it carefully if you have any questions about RealNetworks treatment of personal information you provide to us. b) You may only use the Services and Content for your private. a) You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Serv ices and Content. distribute or create derivative works of the Content or the Services. and a re for your own personal use only. or a pro-rata refund at RN's sole discretion. R N may provide notice by e-mail or by publishing the changes on its website. All Content. (iii) copy or redistribute the Content. Your obligation to pay accrued charges and fees shall survi ve any termination of this Agreement. including but not lim ited to the price. transfer. If you have questions about our Privacy Policy. converted. upon notice to you. Upon any terminati on of this Agreement (whether by you or RN). (iv) rent. delete from.realnetworks. or otherwise modify the Content. 5.aspx. 4. (v) re move any proprietary notices or labels on the Content or Service. You are responsible for maintaining the confidentiality of your password and acc ount information. downloaded or copied using the Services are pro tected by the U. No notice shall be required from RN to effect such termination.S. alter. or as part o f. in conjunction with. RN may terminate this Agreement and any Services at any time upon notice to you. (ii) modify. you shall immediately discontinue u se of the Services. but not limited to. content or nature of the Services. translate. any device. and (vi) add t o. including. d) In addition to any other remedies available in equity or law to RN and RN's Content suppliers. You may not. a Content file. In th e event RN modifies the Agreement or the Services. software program or service. distri bute Content to third parties. any commercial service or application. You may not use the Services or Content in any way to provide. leas e. non-commercial u se. or broadcast or perform the Content outside your normal circle of family and social acquaintances. c) You may not attempt to. and you may not circumvent or attempt to circumvent this system by any means. or otherwise transfer rights to the Content or the Services. copyright laws and related laws of other jurisdictions.3. or th e rights REALNETWORKS' RIGHT TO TERMINATE OR MODIFY SERVICES RN may modify the terms of this Agreement or the Services. Your election to use the free or paid Software and Services. SERVICE USE RESTRICTIONS. provided that you will be entitled to receive the Services for any period f or which you have already paid. failure to comply with any of the terms and conditions in thi s Section 4 "Service Use Restrictions" shall immediately terminate your license to the Content and the Services. You are responsible for all activities that occur in your acc . you may not: (i) permit other individuals to use the Content and Services. applicable restrictions concern ing copyright and other intellectual property rights. Except as specifically aut horized herein. circumvent technological measures employed to control access to. please e-mai l us at privacy@real. indicates your acceptanc e of the terms of the RealNetworks Privacy Policy. This Agreement will automatically terminate if you fail to comply with any term. including but not limited to that is streamed. under any circumstances. The Service embodies a copy management system requ ired by the laws of the United States. PERSONAL INFORMATION AND PRIVACY Personal information you provide to RealNetworks is governed by RealNetworks Pri vacy Policy at http://www.

and Gracenote Servers. the Graceno te Software. Gracenot e Servers) and to perform other functions. and Gracenot e Servers for your own personal non-commercial use only. Gracenote reserves a ll rights in Gracenote Data. including all ownership rights. You agree not to assig n. To let you know what new Content and Services are available from time to time. including name. The Gracenote Software and each item of Gracenote Data are licensed to you AS IS . and title information (G racenote Data) from online servers or embedded databases (collectively. You agree that you will use Gracenote Data. Inc. Gracenote makes no representations or warranties. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. You agree tha t Gracenote. you may ca ncel the Service at any time as provided in this Agreement. the Gracenote Software. express or implied. and Gracenote Servers will terminate if you violate these restricti ons. 6. Gracenote is not obligated to provide you with new enhanced or additional data types or cate gories that Gracenote may provide in the future and is free to discontinue its s ervices at any time. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA. If your license terminates. or opt out of the Re al Service e-mail as provided in each e-mail. you agree to cease any and all use of the Grac enote Data. artist. . EXCEPT AS EXPRESSLY PERMITTED HEREIN. may enforce its rights under this Agreement against you direct ly in its own name. regardi ng the accuracy of any Gracenote Data from in the Gracenote Servers.ount and you agree to notify RealNetworks immediately of any unauthorized accoun t use. The software from Gracenote (the Gracenote Software) e nables this application to perform disc and/or file identification and obtain mu sic-related information. Under no circumstances will Gracenote become li able for any payment to you for any information that you provide. RN may send you such e-mail to the address you provide. see the web page for the Gracenote Privacy Policy for the Gracenote service. transfer or transmit the Gracenote Software or any Gracenote Data to an y third party. You agree that your non-exclusive license to use the Gracenote Data. OR GRACENOTE SERVERS. THE GRACENOTE SO FTWARE. California (Gracenote). R N will send you e-mail describing the latest Content and how to get access to th e Content. Inc. Gracenote reserves the right to delete data from the Gracenote Servers or to change data c ategories for any cause that Gracenote deems sufficient. Because this e-mail is necessary for you to receive the Services. and the Gracenote Servers. If you do not want to receive this e-mail. E-MAIL NOTIFICATION. copy. Last modified: May 27. You may use Gracenote Data only by m eans of the intended End-User functions of this application or device. The Gracenote service uses a unique identifier to track queries for statistical purposes. the Gracenote Software. of Emeryville. For more information. No warranty is made th at the Gracenote Software or Gracenote Servers are error-free or that functionin g of Gracenote Software or Gracenote Servers will be uninterrupted. 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. you will receive this e-mail even if you have opted out of receiv ing other e-mail from RN. You agree that as a Service subscriber. track. 2009 EXHIBIT B GRACENOTE END USER LICENSE This application or device contains software from Gracenote. the Gracenote Software.


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