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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
simultaneously; and (iii) copy the Software for back-up and archival purposes,
provided any copy must contain all of the original Software's proprietary notices.
c) RN may modify this License Agreement with respect to free versions of the
Software upon 14 days written notice to you, including notice via the
communications features described below.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under the
terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble
(except to the extent that this restriction is expressly prohibited by law) or create
derivative works based upon the Software or Documentation; (iii) copy the Software
or Documentation (except for back-up or archival purposes); (iv) rent, lease,
transfer, or otherwise transfer rights to the Software or Documentation; (v) remove
any proprietary notices or labels on the Software or Documentation; or (vi) use the
MP3 encoder in real time broadcasting (terrestrial, satellite, cable or other media) or
broadcasting via the internet or other networks, such as, but not limited to,
intranets. You also may not use the RealJukebox MP3 encoder in pay-audio or
audio-on-demand applications. Any such forbidden use shall immediately terminate
your license to the Software. The recording, playback and download features of the
Software are intended only for use with public domain or properly licensed content
and content creation tools. You may require a patent, copyright, or other license
from a third party to create, copy, download, record or save content files for
playback by this Software or to serve or distribute such files to be played back by
the Software.
b) You agree that you shall only use the Software and Documentation in a manner
that complies with all applicable laws in the jurisdictions in which you use the
Software and Documentation, including, but not limited to, applicable restrictions
concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. You may
not use the Software in any way to provide, or as part of, any commercial service or
application. Copies of content files, including, but not limited to songs and other
audio recordings, which are downloaded or copied using the Software, and which
are protected by the copyright laws or related laws of any jurisdiction, 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.
d) You may not use the Software in an attempt to, or in conjunction with, any
device, program or service designed to circumvent technological measures
employed to control access to, or the rights in, a content file or other work protected
by the copyright laws of any jurisdiction.
b) Cookies: The Software also allows the use of cookies, similar to an Internet
browser. This allows any website to set cookies for you when you view any of the
website's content through the Software, unless you have disabled cookies. If you
have disabled cookies, you may be asked to login each time you access premium
software features and services and some Real services may not function properly.
To learn more, visit the RealNetworks Privacy Policy link on our website at
http://www.realnetworks.com/company/privacy/index.html.
a) The Software includes a DRM called the RealSystem Media Commerce Update
Software ("Media Commerce Software") and may include third party DRMs as
Plug-in components, which are subject to their own license agreements. DRMs are
designed to manage and enforce intellectual property rights in digital content
purchased over the Internet. You may not take any action to circumvent or defeat
the security or content usage rules provided or enforced by either the DRM or the
Software. DRMs may be able to revoke your ability to use applicable content. RN
is not responsible for the operation of third party DRM in any way, including
revocation of your content. RN is not responsible for any communications to or
from any third party DRM provider, or for the collection or use of information by
third party DRMs. You consent to the communications enabled and/or performed
by the DRM, including automatic updating of the DRM without further notice,
despite the provisions of AutoUpdate defined in Section 6(c). You agree to
indemnify and hold harmless RN for any claim relating to your use of a third party
DRM.
b) Content providers are using the digital rights management technology contained
in this Software to protect the integrity of their Secure Content so that their
intellectual property, including copyright, in such content is not misappropriated.
Secure Content Owners may, from time to time, request RN or its suppliers to
provide security related updates to the DRM components of the Software ("Security
Updates") that may affect your ability to copy, display and/or utilize the Software.
You therefore agree that, if you elect to download a license from the Internet which
enables your use of Secure Content, RN or its suppliers may, in conjunction with
such license, also download onto your computer such Security Updates that a
Secure Content Owner has requested that RN or its suppliers distribute. Unless
notification is provided to you, RN and its suppliers will not retrieve any personally
identifiable information, or other information, from your computer by downloading
such Security Updates.
c) The Media Commerce Software allows you to receive and playback content that
has been digitally secured by a content provider. The Media Commerce Software
interacts with your computer in the following ways:
2. Content passes: When obtaining passes for playback of content (such as a music
or video file) in RealPlayer, information about your specific Media Commerce
Software installation and hardware will be sent to the content provider for inclusion
in the pass. This installation and hardware information will be scrambled a
different way each time it is sent, usable only for inclusion in your pass.
3. Personal information: Media Commerce Software will not associate itself with
any personal information in RealPlayer or anywhere else on your computer.
RealNetworks' use of any personal information is governed by the RealNetworks
privacy policy (http://www.realnetworks.com/company/privacy/index.html).
RealNetworks does not share with third parties any personal information you
provide in connection with our products without first obtaining your informed
consent.
4. Financial information: Media Commerce Software does not interact with the
process of secure financial transactions, e.g. credit card transactions. These
transactions are handled by the website providing the content and are governed by
that party's privacy policy.
d) Secure content owners may be using the Microsoft digital rights management
technology for Windows Media distributed with this software ("WM-DRM") to
protect the integrity of their content ("Secure Content") so that their intellectual
property, including copyright, in such content is not misappropriated. Portions of
this software and other third party applications use WM-DRM to play Secure
Content ("WM-DRM Software"). If the WM-DRM Software's security has been
compromised, owners of Secure Content ("Secure Content Owners") may request
that Microsoft revoke the WM-DRM Software's right to copy, display and/or play
Secure Content. Revocation does not alter the WM-DRM Software's ability to play
unprotected content. A list of revoked WM-DRM Software is sent to your
computer whenever you download a license for Secure Content from the Internet.
Microsoft may, in conjunction with such license, also download revocation lists
onto your computer on behalf of Secure Content Owners. Secure Content Owners
may also require you to upgrade some of the WM-DRM components distributed
with this software ("WM-DRM Upgrades") before accessing their content. When
you attempt to play such content, WM-DRM Software built by Microsoft will notify
you that a WM-DRM Upgrade is required and then ask for your consent before the
WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do
the same. If you decline the upgrade, you will not be able to access content that
requires the WM-DRM Upgrade; however, you will still be able to access
unprotected content and Secure Content that does not require the upgrade. WM-
DRM features that access the Internet, such as acquiring new licenses and/or
performing a required WM-DRM Upgrade, can be switched off. When these
features are switched off, you will still be able to play Secure Content if you have a
valid license for such content already stored on your computer.
10. TITLE. Title, ownership, rights, and intellectual property rights in and to the
Software and Documentation shall remain in RN and/or its suppliers. The Software
and the Services are protected by the copyright laws of the United States and
international copyright treaties. Title, ownership rights and intellectual property
rights in and to the content accessed through the Software and the Services
("Content") including the content contained in the Software media demonstration
files, shall be retained by the applicable Content owner and may be protected by
applicable copyright or other law. This license gives you no rights to such Content.
(a) For the Pay and Premium versions of RN Products, the following terms apply:
LIMITED WARRANTY. RN warrants that for a period of ninety (90) days from
the date of acquisition the Software, if operated as directed, will substantially
achieve the functionality described in the Documentation. RN does not warrant
however that your use of the Software will be uninterrupted or that the operation of
the Software will be error-free or secure. RN also warrants that the media
containing the Software, if provided by RN, is free from defects in material and
workmanship and will so remain for ninety (90) days from the date you acquire the
Software.
(ii) Customer Remedies. RN's sole liability for a breach of this warranty shall be in
RN's sole discretion: (i) to replace your defective media; 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 forth in the
Documentation; or (iii) if the above remedies are impracticable, to refund the
license fee, if any, you paid for the Software. Repaired, 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 repaired or replaced
Software or advised you as to how to operate the Software so as to achieve the
functionality described in the Documentation, whichever is applicable. Only if you
inform RN of the problem with the Software during the applicable warranty period
and provide evidence of the date you acquired the Software will RN be obligated to
honor this warranty.
(b) For the Free, Trial, Pre-Release, Alpha, and Beta versions of RN Products, the
Services and the Content, the following terms apply:
12. INDEMNIFICATION. This Software and the Services are intended for use
only with properly licensed media, content, and content creation tools. It is your
responsibility to ascertain whether any copyright, patent or other licenses are
necessary and to obtain any such licenses to serve and/or create, compress or
download such media and content. You agree to record, play back and download
only those materials for which you have the necessary patent, copyright and other
permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and
defend RN, its officers, directors and employees, from and against any losses,
damages, fines and expenses (including attorneys' fees and costs) arising out of or
relating to any claims that you have (i) viewed, downloaded, encoded, compressed,
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, or (ii) violated any terms of this License Agreement. If you are importing
the Software from the United States, you shall indemnify and hold RN harmless
from and against any import and export duties or other claims arising from such
importation.
17. IMPORTANT--MISCELLANEOUS.
a) Arbitration & Jurisdiction. You and RN agree that the exclusive remedy for all
disputes and claims relating in any way to, or arising out of, this Agreement, the
Software or Services, or your use of the Software or Services shall be final and
binding arbitration. The arbitration shall be conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and AAA's
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"). The arbitration shall take place in the State of Washington. To the fullest
extent permitted by law: no arbitration under this License Agreement shall be
joined to any other arbitration, including any arbitration involving any other current
or former licensee of RN; no class arbitration proceedings shall be permitted; no
finding or stipulation of fact in any other arbitration, judicial or similar proceeding
may be given preclusive or collateral estoppel effect in any arbitration hereunder
(unless determined in another proceeding between you and RN); and no conclusion
of law in any other arbitration may be given any weight in any arbitration hereunder
(unless determined in another proceeding between you and RN). Your arbitration
fees and your share of arbitrator compensation will be limited to those set forth in
the AAA's Consumer Rules with the remainder paid by RN. If such costs are
determined to be excessive, RN will pay all arbitration fees and arbitrator
compensation. You and RN may litigate in court only to compel arbitration under
this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate
or enter judgment on the award rendered by the arbitrator(s). You and RN hereby
consent to the exclusive jurisdiction of the state and federal courts sitting in the
State of Washington to enforce the provisions of this Section 16 and to resolve any
disputes and claims cognizable in court relating in any way, or arising out of, this
Agreement, the Software or Services or your use of the Software or Services. The
court, not the arbitrator, shall determine arbitrability and enforce the arbitration
agreements contained herein, including the prohibition on consolidated arbitrations
and class arbitration. This Agreement and all disputes and claims relating in any
way to, or arising out of, this Agreement, the Software or Services or your use of
the Software or Services shall be governed by the laws of the State of Washington
and the Federal Arbitration Act.
Copyright (c) 1995-2007 RealNetworks, Inc. and/or its suppliers and licensors.
2601 Elliott Ave., Suite 1000, Seattle, Washington 98121 U.S.A. All rights
reserved. RealPlayer, RealNetworks, RealSystem, RealPlayer Plus, RealJukebox,
RealPlayer for Pocket PC and Real Services are registered trademarks or
trademarks of RealNetworks, Inc.
EXHIBIT A
REALNETWORKS, INC.
TERMS OF SERVICE
Following the expiration of a trial period that may be provided to you in the sole
discretion of RealNetworks, you agree to pay RealNetworks the monthly service
charges for your use of the Services using a valid credit card, plus any applicable
taxes, 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, or withdraw funds via electronic transfer from your
checking account (depending on what type of charge card you are using), until you
cancel the Services. Payments are billed in advance at the beginning of the
applicable month. All payments are completely non-refundable. You may cancel
the Services at any time, but RN will not refund any remaining portion of your
subscription fees, including any minimum commitments, already billed to your
account. You agree to provide RN with a valid credit card and accurate, complete
and updated information required by the subscription registration form. Failure to
comply may result in the immediate termination of Services.
RN will assess an additional 1.5% (or the highest amount allowed by law,
whichever is lower) per month late charge if your payment is more than 30 days
past due. That amount is also due immediately. You are responsible and liable for
any fees, including attorney and collection fees, that RN may incur in its efforts to
collect any remaining balances from you. You also agree that you will be billed for
and will pay any outstanding balances if you cancel the Services, or the Services are
terminated. You agree to notify RN about any billing problems or discrepancies
within 90 days after they first appear on your account statement. If you do not bring
them to RN's attention within 90 days, you agree that you waive your right to
dispute such problems or discrepancies.
During your subscription period, you will be entitled to receive: (1) premium
Content (as defined below); (2) any generally available RealPlayer upgrades
released during your subscription period; and (3) RealPlayer support services as
described at http://service.real.com/help/call.html. You understand that all
information, audio, video, musical compositions, multimedia presentations, images,
artwork, data, text, software, sound, photographs, graphics, messages or other
materials (collectively, "Content") provided in conjunction with the Services are the
sole responsibility of the entity from which such Content originated and not RN.
You understand that by using the Service and accessing the Content, you may be
exposed to Content that you may find objectionable; it is your responsibility to
determine which Content meets your standards. UNDER NO CIRCUMSTANCES
WILL RN BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE
ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT,
QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE
SUBJECT MATTER OF THE CONTENT, 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.
You may cancel the Real Services at any time. You will not receive any refund or
partial refund for any charges already billed to your account. In the event you
signed up for a minimum commitment period, you will be responsible for all charges
for the entire minimum commitment period. You may cancel the services by
accessing your RealNetworks account at https://account.real.com/acct/login.html.
Cancellation instructions are available through the 'Manage My Membership'
Options on the My Account Main page. Further, you may contact RealNetworks by
phone at 1-888-768-3248 (from the United States or Canada), or 1-206-674-2650
from other locations. You understand and agree that cancellation of your
subscription is your sole right and remedy with respect to any dispute with RN.
This includes, but is not limited to, any dispute related to, or arising out of: (1) any
term of this Agreement or RN's enforcement or application of this Agreement; (2)
any policy or practice of RN, including any RN Privacy Policy, or RN's
enforcement or application of these policies; (3) the Content available through RN
or the Internet or any change in Content provided through RN; (4) your ability to
access and/or use the Content; (5) any RealNetworks Software or Content provided
by or through RealNetworks; or (6) the amount or type of fees, applicable taxes,
billing methods, or any change to the fees, applicable taxes, or billing methods.
RN may modify the terms of this Agreement or the Services, including but not
limited to the price, content or nature of the Services, upon notice to you. In the
event RN modifies the Agreement or the Services, you may terminate the Services.
RN may terminate this Agreement and any Services at any time upon notice to you,
provided that you will be entitled to receive the Services for any period for which
you have already paid, or a pro-rata refund at RN's sole discretion. RN may
provide notice by e-mail or by publishing the changes on its website. This
Agreement will automatically terminate if you fail to comply with any term. No
notice shall be required from RN to effect such termination. Upon any termination
of this Agreement (whether by you or RN), you shall immediately discontinue use
of the Services. Your obligation to pay accrued charges and fees shall survive any
termination of this Agreement.
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 Services
and Content, including, but not limited to, applicable restrictions concerning
copyright and other intellectual property rights. Except as specifically authorized
herein, you may not: (i) permit other individuals to use the Content and Services;
(ii) modify, translate, distribute or create derivative works of the Content or the
Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise
transfer rights to the Content or the Services; (v) remove any proprietary notices or
labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise
modify the Content.
b) You may only use the Services and Content for your private, non-commercial
use. You may not use the Services or Content in any way to provide, or as part of,
any commercial service or application. All Content, including but not limited to
that is streamed, downloaded or copied using the Services are protected by the U.S.
copyright laws and related laws of other jurisdictions, and are for your own
personal use only. You may not, under any circumstances, distribute Content to
third parties, or broadcast or perform the Content outside your normal circle of
family and social acquaintances.
c) You may not attempt to, in conjunction with, any device, software program or
service, circumvent technological measures employed to control access to, or the
rights in, a Content file. The Service embodies a copy management system required
by the laws of the United States, and you may not circumvent or attempt to
circumvent this system by any means.
You are responsible for maintaining the confidentiality of your password and
account information. You are responsible for all activities that occur in your
account and you agree to notify RealNetworks immediately of any unauthorized
account use. 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.
6. E-MAIL NOTIFICATION.
To let you know what new Content and Services are available from time to time,
RN will send you e-mail describing the latest Content and how to get access to the
Content. You agree that as a Service subscriber, RN may send you such e-mail to
the address you provide. Because this e-mail is necessary for you to receive the
Services, you will receive this e-mail even if you have opted out of receiving other
e-mail from RN. If you do not want to receive this e-mail, you may cancel the
Service at any time as provided in this Agreement, or opt out of the Real Service e-
mail as provided in each e-mail.
Version 1.1
2. TERMINATION. If you breach this Agreement your right to use the Product will
terminate immediately and without notice, but all provisions of this Agreement
except the License Grant (Paragraph 1) will survive termination and continue in
effect. Upon termination, you must destroy all copies of the Product.
Additionally, with respect to the services associated with Dow Jones Indexes: The
Dow Jones Indexes(sm) are proprietary to and distributed by Dow Jones &
Company, Inc. and have been licensed for use. All content of the Dow Jones
Indexes(sm) (c) 2007 is proprietary to Dow Jones & Company, Inc.