NETSCAPE 7.1 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted
BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING THE NETSCAPE 7.1
SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS
AGREEMENT, AS THE "LICENSEE."
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST
NOT CLICK THE "ACCEPT" BUTTON, YOU MUST NOT INSTALL OR USE THE NETSCAPE 7.1
SOFTWARE OR ANY ACCOMPANYING SOFTWARE INCLUDED WITH THIS PRODUCT
INSTALLATION, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
1. INTRODUCTION. As used in this Agreement, for residents of Europe, the
Middle East or Africa, "Netscape" shall mean Netscape Communications Ireland
Limited; for residents of Japan, "Netscape" shall mean Netscape
Communications (Japan), Ltd.; for residents of all other countries,
"Netscape" shall mean Netscape Communications Corporation. In this
Agreement "Licensor" shall mean Netscape except under the following
circumstances: (i) if Licensee acquired the Product as a bundled component
of a third party product or service, then such third party shall be
Licensor; and (ii) if any third party software is included as part of the
Product installation and no license is presented for acceptance the first
time that third party software is invoked, then the use of that third party
software shall be governed by this Agreement, but the term "Licensor," with
respect to such third party software, shall mean the manufacturer of that
software and not Netscape. With the exception of the situation described in
(ii) above, the use of any included third party software product shall be
governed by the third party's license agreement and not by this Agreement,
whether that license agreement is presented for acceptance the first time
that the third party software is invoked, is included in a file in
electronic form, or is included in the package in printed form. The use of
the Real Player software included with the Radio@Netscape Plus software is
governed by the Realnetworks, Inc. End User License Agreement provided
immediately below this Agreement. In this Agreement, "Product" shall mean
the Netscape 7.1 software and the AOL Instant Messenger("AIM") software and
Radio@Netscape Plus software, if such software has been included in this
installation. If more than one license agreement was provided for the
Product, and the terms vary, the order of precedence of those license
agreements is as follows: a signed agreement, a license agreement available
for review on the Netscape website, a printed agreement provided with the
Product, an electronic agreement provided with the Product.
2. LICENSE GRANT. Licensor and its licensors grant Licensee a
non-exclusive and non- transferable license to install and use for personal
or internal business purposes the executable code version of the Product,
provided any copy must contain all of the original proprietary notices.
With respect to the AIM software, Licensee may use that software to access
the AOL Instant Messenger Service (the "AIM Service"), provided it has
obtained from AOL a valid AIM screen name. Licensee may use only the AIM
software and a screen name issued to it by AOL to access the AIM Service.
With respect to the Radio@Netscape Plus software, Licensee may use a single
copy to access the Radio@Netscape Plus Service. An additional copy may be
made for archival purposes. This license does not entitle Licensee to
receive from Licensor or its licensors or other suppliers hard-copy
documentation, technical support, telephone assistance, or enhancements or
updates to the Product.
3. RESTRICTIONS. Except as otherwise expressly permitted in this
Agreement, or in another Netscape agreement to which Licensee is a party
such as the Netscape Client Customization Kit License Agreement (the "CCK
License Agreement") or a distribution agreement, such as the Netscape
Browser Distribution Program License Agreement, Licensee may not: (i) modify
or create any derivative works of the Product or documentation, including
customization, translation or localization; (ii) decompile, disassemble,
reverse engineer, or otherwise attempt to derive the source code for the
Product (except to the extent applicable laws specifically prohibit such
restriction), or in any way ascertain, decipher, or obtain the
communications protocol for accessing the AIM Service or the Radio@Netscape
Plus Service, or the underlying ideas or algorithms of the Product; (iii)
redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
rights to the Product; (iv) remove or alter any trademark, logo, copyright
or other proprietary notices, legends, symbols or labels in the Product; (v)
create or use any software other than the Radio@Netscape Plus software to
access the Radio@Netscape Plus Service; (vi) create or use any software
other than the AIM software to enter its screen name and password or to
access the AIM Service; (vii) block, disable or otherwise affect any
advertising, advertisement banner window, links to other sites and services,
or other features that constitute an integral part of the Product or the
Services; (viii) incorporate, integrate or otherwise include the AIM
software or any portion thereof (including the communications protocols)
into any software, program or product that communicates, accesses, or
otherwise connects with the AIM Service or any other instant messaging,
Internet, or online service; (ix) use the Product in any way that violates
any Terms of Service or Privacy Policy that apply to Licensee; (x) use the
AIM software or Service if Licensee is under eighteen years old; or (xi)
authorize or assist any third party to do any of the things described in
this paragraph. Additionally, access to the Radio@Netscape Plus Service
does not grant Licensee the right to reproduce, copy, or distribute by any
means, method, or process whatsoever, now known or hereafter developed, any
of the musical compositions or sound recordings ("Content") transmitted
through the Service, including without limitation, transferring or
downloading any Content to a computer hard drive, or otherwise copying any
Content onto any other storage medium. In addition, access to the
Radio@Netscape Plus Service does not grant Licensee the right to perform
publicly, by any means, method, or process whatsoever, now known or
hereafter developed, any of the Content transmitted by the Service,
including without limitation, any transmission, retransmission, or further
transmission of any Content transmitted through the Service.
4. TERMS OF SERVICE AND PRIVACY POLICY. To the extent that Licensee has
installed or hereafter installs the AIM software, the following applies:
The AIM Service participates in the Netscape Network. If Licensee becomes a
member of the Netscape Network, then the Netscape Network Member Agreement
and Privacy Policy (the "Netscape Network Policies") additionally govern
Licensee's use of the AIM Service. These policies can be viewed at
http://about.netscape.com/Networkprivacy/index.html and
http://about.netscape.com/Networkterms/index.html. If Licensee is not a
member of the Netscape Network, then the Terms of Use and privacy policy on
AOL.com (the "AOL Policies") additionally govern its use of the AIM Service.
These policies can be viewed at http://www.aol.com/copyright.html and
http://www.aol.com/info/privacy.html. Both AOL and the Netscape Network
reserve the right to terminate this license to the AIM software and
Licensee's access to the AIM Service without notice, if, in either AOL or
the Netscape Network's sole discretion, there has been a violation of the
AOL Policies or the Netscape Network Policies, whichever are applicable to
Licensee.
To the extent that Licensee has installed or hereafter installs the
Radio@Netscape Plus software, the following applies:
Licensee's use of the Radio@Netscape Plus Service is additionally governed
by the Netscape.com Terms of Service and Privacy Policy, located at
http://wp.netscape.com/terms and http://wp.netscape.com/privacy,
respectively, and the Radio@Netscape Plus privacy policy, located at
http://help.netscape.com/radio/privacy, which supplements these policies.
Each time Licensee uses the Radio@Netscape Plus Service, it reaffirms its
acceptance of the then-current terms and policies. Netscape reserves the
right, at its discretion, to update or revise the terms of use and privacy
policies for Radio@Netscape Plus. By using the Radio@Netscape Plus Service,
Licensee consents to electronic notice of any changes to such terms and
policies.
5. ADDITIONAL SERVICES. Features or additional services may be made
available on the AIM and/or Radio@Netscape Plus Services for a fee.
Licensee agrees to be bound by any additional terms and conditions governing
the use of such features or services should it choose to utilize them.
6. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has
the adequate legal capacity to enter into this Agreement, that it will use
the Product only for lawful purposes and in accordance with this Agreement,
and that it will not use the Product to violate any law, regulation or
ordinance or any right of Netscape or its licensors or any third party,
including, without limitation, any right of privacy, publicity, copyright or
trademark. Licensee agrees to indemnify Netscape, its licensors, officers,
agents, employees and directors for any damages incurred as a result of a
violation of this paragraph.
7. FEES. There is no license fee for the Product. If Licensee wishes to
receive the Product on media, there may be a small charge for the media and
for shipping and handling. Licensee is responsible for any and all taxes.
8. TERMINATION. Should Licensee breach this Agreement, its right to use
the Product and the AIM and Radio@Netscape Plus Services shall terminate
immediately and without notice. Netscape may also terminate Licensee's
right to use the AIM software by blocking it or by notifying Licensee that
its license has been terminated. In the event of any termination of this
Agreement or Licensee's rights hereunder, all provisions of this Agreement
except the License Grant (Paragraph 1) shall survive such termination and
Licensee agrees to continue to be bound by those terms. Upon termination,
Licensee shall destroy all copies of the Product.
9. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property
rights in the Product and the AOL namespace database, including but not
limited to AOL components and algorithms and access to the AOL service
server complex, shall remain in Netscape and/or its licensors and other
suppliers. Licensee acknowledges such ownership and intellectual property
rights and will not take any action to jeopardize, limit or interfere in any
manner with Netscape's or its licensors' or other suppliers' ownership of or
rights with respect to the Product. The Product is protected by copyright
and other intellectual property laws and by international treaties. Title
and related rights in the content accessed through the Product are the
property of the applicable content owner and are protected by applicable
law. The license granted under this Agreement gives Licensee no rights in
or to such content. AOL and the Netscape Network, if applicable, own all
customer data collected through the AIM and Radio@Netscape Plus Services
registration processes. All trademarks used in connection with the Product
are owned by Netscape, its parent or affiliates, or its licensors and other
suppliers, and no license to use any such trademarks is provided hereunder.
You agree that Netscape may use in any manner and without limitation all
comments, suggestions, complaints and other feedback you provide relating to
the Product.
10. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the Product were
created using source code governed by the Netscape Public License (NPL) and
the Mozilla Public License (MPL). The source code for the portions of the
Product governed by the NPL and MPL is available from http://www.mozilla.org
under those licenses.
11. INJUNCTIVE RELIEF. Licensee acknowledges and agrees that,
notwithstanding any other provisions of this Agreement, its breach or
threatened breach of this Agreement shall cause AOL irreparable damage for
which recovery of money damages would be inadequate and that AOL therefore
may obtain timely injunctive relief to protect its rights under this
Agreement in addition to any and all other remedies available at law or in
equity.
12. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED WITH ALL FAULTS ON AN
"AS IS" BASIS. NETSCAPE, ITS LICENSORS AND SUPPLIERS DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE
PRODUCT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN
UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE PRODUCT WILL MEET YOUR
REQUIREMENTS, OR THAT ERRORS IN THE PRODUCT WILL BE CORRECTED, AND THE
IMPLIED WARRANTIES THAT THE PRODUCT IS MERCHANTABLE, OF SATISFACTORY
QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON- INFRINGING,
UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER,
NETSCAPE, ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN
ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT
LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS
ITS REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
NETSCAPE OR A NETSCAPE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NETSCAPE AND ITS LICENSORS
AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE
PRODUCT. LICENSEE BEARS THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE
AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF PRODUCT
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL LICENSOR OR ITS PARENT, AFFILIATES, DIRECTORS,
EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS
(COLLECTIVELY, THE "NETSCAPE GROUP") 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, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE NETSCAPE GROUP'S
ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT
EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE
(IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY LICENSOR UNDER A
SEPARATE SUPPORT AGREEMENT (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR
PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT LICENSOR'S SOLE
DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE
NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION
OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. THE NETSCAPE GROUP IS NOT
RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR
A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL
LINKED THROUGH SUCH CONTENT.
14. DIGITAL CERTIFICATES. The Product supports certain cryptographic and
authentication features, including but not limited to Secure Sockets Layer
and S/MIME communications, that may require the installation and/or use of a
digital certificate. Digital certificates are issued, validated, and
revoked by third- party certification authorities ("CAs") over which
Licensor has no control. Licensee is solely responsible for familiarizing
itself with the terms and conditions established by a CA for the use of, or
reliance upon, its digital certificates, including but not limited to any
obligation of Licensee to validate a digital certificate, maintain the
security of a cryptographic key or password, or pay fees for certification
services. Netscape has preloaded digital certificates of certain CAs into
the Product in order to facilitate the recognition of digital certificates
that such CAs have issued to persons, organizations, or devices (including
software code). LICENSEE IS SOLELY RESPONSIBLE FOR ANY DECISION TO USE OR
RELY UPON A DIGITAL CERTIFICATE, INCLUDING THOSE DIGITAL CERTIFICATES THAT
NETSCAPE HAS PRELOADED INTO THE PRODUCT. NETSCAPE BEARS NO RESPONSIBILITY
FOR THE VALIDITY OR ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE SECURITY
OR INTEGRITY OF ANY TRANSACTION OR COMMUNICATION AUTHENTICATED BY A DIGITAL
CERTIFICATE.
15. EXPORT CONTROLS. Licensee agrees to comply with all export and import
laws and restrictions and regulations of any United States or foreign agency
or authority, and not to export, re-export or import the Product or any
direct product thereof in violation of any such restrictions, laws or
regulations, or without all necessary approvals. For example, Licensee may
not export or re-export any commodities, software, or technical data
received from Netscape, or any direct product of such commodities, software
or technical data, to any proscribed country, party, or entity listed in the
applicable laws, regulations, and rules of the U.S. Government unless
properly authorized. As applicable, each party shall obtain and bear all
expenses and responsibility relating to any necessary licenses and/or
exemptions with respect to its own export or re-export of the Product from
the U.S.
16. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not
designed, manufactured or intended for use in environments in which its
failure could lead directly to death, personal injury, or severe physical or
environmental damage, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, direct
life support machines, or weapons systems ("High Risk Activities").
ACCORDINGLY, NETSCAPE AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK
ACTIVITIES. LICENSEE AGREES THAT THE NETSCAPE GROUP WILL NOT BE LIABLE FOR
ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE PRODUCT IN SUCH
APPLICATIONS.
17. BROWSER DOWNLOAD FEEDBACK. When downloaded and installed onto your
computer, the Product may automatically send information relating to the
download and install process to Netscape. Netscape may use the information
for such purposes as improving the reliability of the download and install
process and improving its services to users. The information may include,
for example, the configuration of the Product downloaded and installed,
conflicts or errors encountered during the download and install process,
conflicts created during the download and install process based on the
hardware configuration encountered, and/or success of the download and
install process. No user identifiable data is included in the information
sent to Netscape.
18. 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. Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End-Users acquire
the Product with only those rights set forth herein.
19. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement
between the parties concerning the subject matter hereof, which may only be
modified by a written amendment signed by an authorized executive of AOL.
(b) Except to the extent applicable law, if any, provides otherwise, this
Agreement shall be governed by the laws of the Commonwealth of Virginia,
U.S.A., excluding its conflict of law provisions. (c) Licensee expressly
agrees that jurisdiction for any claim or dispute arising from the use of
the Product resides in the federal and state courts of the Commonwealth of
Virginia and consents to the personal jurisdiction thereof. (d) This
Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods. (e) If any part of this
Agreement is held invalid or unenforceable, that part shall be construed to
reflect the parties' original intent, and the remaining portions remain in
full force and effect, or AOL may at its option instead terminate this
Agreement. (f) The controlling language of this Agreement is English. If
Licensee has received a translation into another language, it has been
provided for Licensee's convenience only. (g) A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
instance, shall not waive such term or condition or any subsequent breach
thereof. (h) Licensee may not assign or otherwise transfer by operation of
law or otherwise this Agreement or any rights or obligations herein. AOL
may assign this Agreement to any entity at its sole discretion. (i) This
Agreement shall be binding upon and shall inure to the benefit of the
parties, their successors and permitted assigns. (j) Neither party shall be
in default or be liable for any delay, failure in performance (excepting the
obligation to pay) or interruption of service resulting directly or
indirectly from any cause beyond its reasonable control.
Netscape 7.1 EULA
rev. 05/30/03
REALNETWORKS, INC. END USER LICENSE AGREEMENT
REALPLAYER VERSION G2
REDISTRIBUTION NOT PERMITTED
_____________________________________________
Product License for RealNetworks RealPlayer Version G2
IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE: This License
Agreement for the RealPlayer Version G2 ("License Agreement") is a legal
agreement between you (either an individual or an entity) and RealNetworks,
Inc. and its suppliers and licensors (collectively "RN") for RealPlayer
Version G2 software ("Product"). You may install only ONE copy of the
Product. By clicking on the "Yes" button, installing, copying or otherwise
using the Product, you agree to be bound by the terms of this License
Agreement. If you do not agree to the terms of this License Agreement,
click on the "No" button and/or do not install the Product. YOU AGREE THAT
YOUR USE OF THE PROGRAM ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
ANY THIRD PARTY SOFTWARE, INCLUDING ANY NON-RN PLUG-IN, THAT MAY BE PROVIDED
WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE
SUCH SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE
AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE "REALPLAYER"
FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE.
1. GRANT OF LICENSE: RealNetworks Inc. and its suppliers and licensors
(collectively "RN") hereby grants you a non-exclusive license to use the
Product and Documentation subject to the following terms:
a) You may: (i) use the Product on any single computer; (ii) use the Product
on a second computer so long as the first and second computers are not used
simultaneously; and (iii) copy the Product for back-up, archival purposes
provided any copy must contain all of the original Product's proprietary
notices.
b) You may not: (i) permit other individuals to use the Product 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 Product or
Documentation; (iii) copy the Product or Documentation (except for back-up
purposes); (iv) resell, rent, lease, transfer, or otherwise transfer rights
to the Product or Documentation; or (v) remove any proprietary notices or
labels on the Product or Documentation. The playback features of this
software are intended only for use with properly licensed content and
content creation tools. You may require a patent, copyright, or other
license from a third party to create or compress content files for playback
by this software or to serve such files to be played back by this software.
c) The Product includes certain plug-in components, including, but not
limited to, an Active X Control, Java plug-in, and RA XTRA plug-in
(collectively "Plug-Ins"). You may install and use Plug-Ins solely as part
of, and in conjunction with, HTML in a web browser. You may not use
Plug-Ins in any other manner, including using Plug-Ins with any container
application that is not a web browser. If you wish to use Plug-Ins in any
way not specifically authorized in this section you must contact
supportsdk@real.com for a separate license.
2. SOFTWARE: If you receive the first copy of the Product electronically
and a second copy on media 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 enhancements or updates to the
Product, nor any support services.
3. TITLE: Title, ownership, rights, and intellectual property rights in
and to the Product and Documentation shall remain in RN and/or its
suppliers. The Product is 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
Product including the content contained in the Product 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.
4. DISCLAIMER OF WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS
IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, REALNETWORKS 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 AND DOCUMENTATION REMAINS WITH YOU. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
DIRECT, 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 PRODUCT, EVEN IF
REALNETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
5. TERMINATION: This License Agreement shall terminate automatically if
you fail to comply with the limitations described in this license. No
notice shall be required from RN to effectuate such termination. Upon
termination, you must destroy all copies of the Product and Documentation.
6. INDEMNIFICATION. You agree to compress and play back 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 compressed
or copied any materials (other than materials provided by RN) in connection
with the Product in violation of another party's rights or in violation of
any law. If you are importing the Product 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.
7. U.S. GOVERNMENT RESTRICTED RIGHTS: This Product 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 Product-- Restricted Rights at FAR
52.227-19when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Product clause at DFARS 252.227-7013, and in
similar clauses in the NASA FAR supplement, as applicable. Manufacturer is
RealNetworks, Inc./1111 Third Avenue, Suite 2900/ Seattle, Washington,
98101. You are responsible for complying with all trade regulations and
laws both foreign and domestic. You acknowledge that none of the Product or
underlying information or technology may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
Sudan, North Korea, Iran, 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 Product 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
Product to any prohibited county, or to any prohibited person, entity, or
end-user as specified by U.S. export controls.
8. MISCELLANEOUS. This License Agreement shall constitute the complete and
exclusive agreement between us. RN will not modify the terms and conditions
contained in this License Agreement unless both you and an authorized
representative of RN execute a separate written instrument. If any
provision of this License 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 License Agreement shall be governed by
the laws of the State of Washington, without regard to conflicts of law
provisions, and you hereby consent to the exclusive jurisdiction of the
state and federal courts sitting in the State of Washington. Any and all
unresolved disputes arising under this License Agreement shall be submitted
to arbitration in the State of Washington. The arbitration shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as
a judgment in any court of competent jurisdiction. This License 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) 1995-2002 RealNetworks, Inc. and/or its suppliers.
1111 Third Avenue, Suite 2900, Seattle, Washington 98101 U.S.A.
All rights reserved.
RealNetworks, RealAudio, and RealVideo are registered trademarks of
RealNetworks, Inc.
RealPlayer G2 Gold Update 1 License (03 March 1999)
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