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REALNETWORKS, INC.

END USER LICENSE AGREEMENT

REALNETWORKS PRODUCTS AND SERVICES, AND TERMS AND


CONDITIONS GOVERNING THIRD PARTY SOFTWARE

REDISTRIBUTION NOT PERMITTED

License for RealNetworks Products and Services

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This


License Agreement for certain RealNetworks Products and Services ("License
Agreement" or "Agreement") is a legal agreement between you (either an individual
or an entity) and RealNetworks, Inc. and its suppliers and licensors (collectively
"RN" or "RealNetworks") for: the RealNetworks software which may include
components provided by suppliers and licensors to RN ("Software") and/or
RealNetworks services ("Services"). 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"): RealPlayer, RealPlayer Plus, RealJukebox and
RealPlayer for Pocket PC. You may install only 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 standing 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, installing, copying or otherwise using the Software, you
agree to be bound by the terms of this License Agreement. NOTE: THIS
DOCUMENT ALSO CONTAINS TERMS AND CONDITIONS GOVERNING
THIRD PARTY SOFTWARE YOU MAY CHOOSE TO INSTALL. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON
THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.

FOR YOUR USE OF REAL SERVICES, YOU AGREE TO BE BOUND BY THE


"TERMS OF SERVICE" ATTACHED HERETO AS EXHIBIT A.

PERSONAL INFORMATION YOU PROVIDE TO REALNETWORKS IS


GOVERNED BY THE REALNETWORKS PRIVACY POLICY AT
http://www.realnetworks.com/company/privacy/index.html

YOU AGREE THAT YOUR USE OF THE SOFTWARE AND/OR SERVICES


ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE AGREEMENT,
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 PROVIDED 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 SHALL 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


the Software and any related documentation ("Documentation") subject to the
following 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
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.

b) The Software may include certain plug-in components ("Plug-Ins"), including


the ActiveX Control, Java plug-in, and RA XTRA plug-in. You may only call to or
otherwise use such Plug-Ins through the use of the realplay, rcansplg.so.6.0,
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 direct use of
Plug-Ins through a non-RN proprietary application, including a custom or user-
written application is prohibited by this Agreement.

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.

e) The Software embodies a serial copying management system required by the


laws of the United States. You may not circumvent or attempt to circumvent this
system by any means.

3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first


copy of the Software electronically and a second copy on physical media (e.g., CD,
diskette, etc.), the second copy may be used for archival purposes only and may not
be transferred to or used by any other person. This license does not grant you any
right to any enhancement or update.

4. ALPHA RELEASE VERSIONS. In the event that the Software is an alpha


release version, the terms of this Section shall apply. Your license to use the
Software expires 45 days after installation (or such other period as indicated by the
Software) and the Software may cease to function. The Software you are receiving
may contain more or less features than the commercial release of the RN Product
that RN intends to distribute. While RN intends to distribute a commercial release
of the Software, RN reserves the right at any time not to release a commercial
release of the Software or, if released, to alter features, specifications, capabilities,
functions, licensing terms, release dates, general availability or other characteristics
of the commercial release. You agree that the alpha release versions are not suitable
for production use and may contain errors affecting their proper operation. You
agree that you will not do anything to circumvent or defeat the features designed to
stop the Software from operating after the license expires.

5. BETA RELEASE OR PRE-RELEASE VERSIONS. In the event that the


Software is a beta release or pre-release version, the terms of this Section shall
apply. 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.
The Software you are receiving may contain more or less features than the
commercial release of the RN Product that RN intends to distribute. While RN
intends to distribute a commercial release of the Software, RN reserves the right at
any time not to release a commercial release of the Software or, if released, to alter
features, specifications, capabilities, functions, licensing terms, release dates, general
availability or other characteristics of the commercial release. You agree that the
beta release or pre-release versions are not suitable for production use and may
contain errors affecting their proper operation. You agree that you will not do
anything to circumvent or defeat the features designed to stop the Software from
operating after the license expires.

6. FIREWALL CONFIGURATION. The Software configures certain firewall


applications such that the user is not alerted when the Software requests or receives
data necessary for playback of content over the UDP protocol.

7. AUTOMATIC COMMUNICATIONS FEATURES.

a) The Software consists of interactive Internet applications that perform a variety


of communications over the Internet as part of their normal operation. A number of
communications features are automatic and are enabled by default. By installing
and/or using the Software, you consent to the Software's communications features.
Once you log into the Software, user information including your user id will be sent
in communications with RN's servers. This information is used to access your
regular account, premium content, non-premium content, services, features, and
other personalized services. RN may match the user id to personally identifiable
information in order to provide you with products, services, and software that you're
entitled to and to provide you with relevant information. You are responsible for any
telecommunications or other connectivity charges incurred through use of the
Software.

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.

c) AutoUpdate: The RealPlayer, using AutoUpdate, automatically communicates


with RN's servers on the Internet to check for updates to RN's and RN partner's
software, such as bug fixes, patches, enhanced functions, missing plug-ins and new
versions. AutoUpdate also has the capability to run independently of RealPlayer to
perform background update checks. RN may download updates during the
background checks, when RealPlayer automatically communicates with RN's
servers, when you manually check for updates, or when RealPlayer detects a file it
does not support. AutoUpdate sends information about installed RealNetworks'
products and components to the servers to determine upgrade availability. If you
prefer to be notified when an auto-update is performed, follow these steps: On the
Tools menu, select Preferences, AutoUpdate, and then de-select "Automatically
download and install software updates."

d) Message Center: The RealPlayer software, using Message Center, automatically


communicates with RN's servers to check for new important messages, including
software updates and service bulletins. Message Center can also run independently
of RealPlayer to perform background message checks. Message Center sends
information about installed RealNetworks' products and components to the servers
to determine relevant software update messages. Message Center is set by default to
check for messages once or twice a week and to display the headline portion of
such messages when they arrive. You can change the way Message Center displays
messages and the frequency with which it checks for new ones by following these
steps: on the View menu, select 'Message Center', then within Message Center,
select 'Options', select 'Preferences' and set your desired preferences. If you sign up
for message topics that necessitate a greater frequency than you previously selected,
your frequency setting may be adjusted to accommodate your topic choices.

e) Secure Content Consumption: The RealPlayer client may be required to send


statistical data to servers regarding the consumption by an end user of content
secured using the digital rights management technology contained in this Software
to protect the integrity of the content ("Secure Content"). This communication
serves to enable the content provider to calculate usage-based royalty amounts
needing to be paid to owners of such Secure Content ("Secure Content Owners").

8. SCHEDULER. An application Scheduler, known as "realsched.exe," is installed


along with RealPlayer. Once installed, it runs independently of RealPlayer. The
Scheduler does not collect personal information or communicate with
RealNetworks' servers. It is used to remind AutoUpdate, Message Center and the
Watch Folders feature to perform their tasks at pre-scheduled intervals. Scheduler
also watches for and alerts RealPlayer to connection and disconnection of portable
devices. You can control these activities via the Automatic Services section of the
Preferences dialog, located under the Tools menu.

9. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").

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:

1. Hardware information: In order to download the appropriate software,


RealPlayer must send certain anonymous information about the hardware on your
computer to the RealNetworks download server. Once the software is installed,
information about your hardware will not be stored on any server. Hardware
information will also be sent for content passes, as described below.

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.

5. Usage information: RealNetworks may keep statistics on the aggregated


anonymous use of the Media Commerce Software. However, content partners using
the Media Commerce Software will not provide RealNetworks with information on
specific content for which an individual user obtains passes.

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.

11. WARRANTIES AND LIABILITIES.

(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.

(i) No Other Warranties. NO OTHER WARRANTIES: TO THE MAXIMUM


EXTENT PERMITTED BY APPLICABLE LAW RN AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH
REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN
MATERIALS AND ANY ACCOMPANYING HARDWARE. If any modifications
are made to the Software by you during the warranty period; if the media is
subjected to accident abuse or improper use; or if you violate the terms of this
License Agreement, this warranty shall immediately terminate. This warranty shall
not 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
Software was designed to be used as described in the Documentation. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY
HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.

(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.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER


NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE
SHALL RN OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF RN SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR
ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL
RN'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED
THE LICENSE FEE PAID TO RN FOR THE SOFTWARE AND
DOCUMENTATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.

(b) For the Free, Trial, Pre-Release, Alpha, and Beta versions of RN Products, the
Services and the Content, the following terms apply:

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE,


DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, RN FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT
OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION,
SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RN BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF
OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE
CONTENT, EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. RN's TOTAL LIABLITY FOR ANY DIRECT DAMAGES
SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. RN
DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT
PROVIDED BY OR THROUGH RN.

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.

13. TERMINATION. This License Agreement will automatically terminate if you


fail to comply with any term hereof. No notice shall be required from RN to effect
such termination. You may also terminate this License Agreement at any time by
notifying RN in writing of termination. Upon any termination of this License
Agreement, you shall immediately discontinue use of the Software and shall within
three (3) days return to RN, or certify destruction of, all full or partial copies of the
Software, documentation and related materials provided by RN. Your obligation to
pay accrued charges and fees shall survive any termination of this License
Agreement.

14. NO ASSIGNMENT. This Agreement is personal to you, and may not be


assigned without RN's express written consent. In the event that you are an entity
that merges with another entity or are acquired by another entity during the Term,
you shall provide written notice of such merger or acquisition not later than the date
on which any public announcement is made. If RN does not consent to assignment
of this Agreement to the new or acquiring entity in such merger or acquisition, RN
may terminate this Agreement on thirty (30) days' written notice. Both parties shall
perform under this Agreement until such termination is effective.

15. TECHNICAL SUPPORT. Technical support for the Software, as made


available by RN, is described at RN's technical support website:
http://service.real.com/realplayer.

16. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT


RESTRICTIONS. U.S. GOVERNMENT RESTRICTED RIGHTS: This Software
and documentation are provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the Government is subject to restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer Software--Restricted Rights at FAR
52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses
in the NASA FAR supplement, as applicable. Manufacturer is RealNetworks,
Inc./2601 Elliott, Suite 1000/Seattle, Washington 98121. You are responsible for
complying with all trade regulations and laws both foreign and domestic. You
acknowledge that none of the Software or underlying information or technology
may be downloaded or otherwise exported or re-exported (i) into Afghanistan
(Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia (except
Kosovo), Sudan and Syria or any other country subject to a U.S. embargo; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Denied Parties List or Entity List. By using the
Software you are agreeing to the foregoing and are representing and warranting that
(i) no U.S. federal agency has suspended, revoked, or denied you export privileges,
(ii) you are not located in or under the control of a national or resident of any such
country or on any such list, and (iii) you will not export or re-export the Software to
any prohibited county, or to any prohibited person, entity, or end-user as specified
by U.S. export controls. For more information on the U.S. Export Administration
Regulations (EAR), 15 C.F.R. Parts 730-774, and the Bureau of Export
Administration ("BXA"), please see the BXA homepage (http://www.bxa.doc.gov).

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.

b) Complete Agreement. This Agreement shall constitute the complete and


exclusive agreement between us, notwithstanding any variance with any purchase
order or other written instrument submitted by you, whether formally rejected by
RN or not. The acceptance of any purchase order you place is expressly made
conditional on your consent to the terms set forth herein. The terms and conditions
contained in this Agreement may not be modified by you except in a writing duly
signed by you and an authorized representative of RN. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable, and such decision
shall not affect the enforceability of such provision under other circumstances, or of
the remaining provisions hereof under all circumstances. This Agreement will not
be governed by the United Nations Convention of Contracts for the International
Sale of Goods, the application of which is hereby expressly excluded.

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

Terms of Service for Real Services

1. PAYMENT & SERVICES.

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.

2. YOUR RIGHT TO CANCEL REAL SERVICES

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.

3. REALNETWORKS' RIGHT TO TERMINATE OR MODIFY SERVICES

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.

4. SERVICE USE RESTRICTIONS.

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.

d) In addition to any other remedies available in equity or law to RN and RN's


Content suppliers, 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.

5. PERSONAL INFORMATION AND PRIVACY

Personal information you provide to RealNetworks is governed by RealNetworks


Privacy Policy at http://www.realnetworks.com/company/privacy/index.html. Your
election to use the free or paid Software and Services, indicates your acceptance of
the terms of the RealNetworks Privacy Policy, so please review it carefully if you
have any questions about RealNetworks treatment of personal information you
provide to us. If you have questions about our Privacy Policy, please e-mail us at
privacy@real.com.

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.

MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT

Version 1.1

A SOURCE CODE VERSION OF CERTAIN FIREFOX BROWSER


FUNCTIONALITY THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS
AVAILABLE TO YOU FREE-OF-CHARGE FROM WWW.MOZILLA.ORG
UNDER THE MOZILLA PUBLIC LICENSE and other open source software
licenses.

The accompanying executable code version of Mozilla Firefox and related


documentation (the "Product") is made available to you under the terms of this
MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT (THE
"AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON, OR BY
INSTALLING OR USING THE MOZILLA FIREFOX BROWSER, YOU ARE
CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO
NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL OR USE
ANY PART OF THE MOZILLA FIREFOX BROWSER.

DURING THE MOZILLA FIREFOX INSTALLATION PROCESS, AND AT


LATER TIMES, YOU MAY BE GIVEN THE OPTION OF INSTALLING
ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE
PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY
COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE
AGREEMENTS.

1. LICENSE GRANT. The Mozilla Corporation grants you a non-exclusive license


to use the executable code version of the Product. This Agreement will also govern
any software upgrades provided by Mozilla that replace and/or supplement the
original Product, unless such upgrades are accompanied by a separate license, in
which case the terms of that license will govern.

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.

3. PROPRIETARY RIGHTS. Portions of the Product are available in source code


form under the terms of the Mozilla Public License and other open source licenses
(collectively, "Open Source Licenses") at http://www.mozilla.org. Nothing in this
Agreement will be construed to limit any rights granted under the Open Source
Licenses. Subject to the foregoing, Mozilla, for itself and on behalf of its licensors,
hereby reserves all intellectual property rights in the Product, except for the rights
expressly granted in this Agreement. You may not remove or alter any trademark,
logo, copyright or other proprietary notice in or on the Product. This license does
not grant you any right to use the trademarks, service marks or logos of Mozilla or
its licensors.

4. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS"


WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA
AND MOZILLA'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-
INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT
FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE
OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

5. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, MOZILLA


AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND
AGENTS (COLLECTIVELY, THE "MOZILLA GROUP") WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY
RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE
THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA,
AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH
CLAIM IS BASED. THE MOZILLA GROUP'S COLLECTIVE LIABILITY
UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500
(FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THIS
LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.

6. EXPORT CONTROLS. This license is subject to all applicable export


restrictions. You must comply with all export and import laws and restrictions and
regulations of any United States or foreign agency or authority relating to the
Product and its use.

7. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that


term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48
C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S.
Government End Users acquire the Product with only those rights as set forth
herein.

8. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement


between Mozilla and you concerning the subject matter hereof, and it may only be
modified by a written amendment signed by an authorized executive of Mozilla. (b)
Except to the extent applicable law, if any, provides otherwise, this Agreement will
be governed by the laws of the state of California, U.S.A., excluding its conflict of
law provisions. (c) This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods. (d) If any part of this
Agreement is held invalid or unenforceable, that part will be construed to reflect the
parties' original intent, and the remaining portions will remain in full force and
effect. (e) A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, will not waive such term or condition or
any subsequent breach thereof. (f) Except as required by law, the controlling
language of this Agreement is English. (g) You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its terms; the
Mozilla Corporation may assign its rights under this Agreement without condition.
(h) This Agreement will be binding upon and will inure to the benefit of the parties,
their successors and permitted assigns.

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.

Last Modified: September 6, 2007

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