xref: /jds/spec-files/trunk/ext-sources/LICENSE-realplayer

REALNETWORKS, INC.  END USER LICENSE AGREEMENT
REALPLAYER 10 FOR SOLARIS

REDISTRIBUTION NOT PERMITTED

Software License for RealPlayer 10 for Solaris

IMPORTANT -- READ CAREFULLY BEFORE USING THIS
SOFTWARE: This License Agreement for a certain
RealNetworks product ("License 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"). The
Software may include the following RealNetworks
product including any combination of such product
and Alpha, Beta, trial, pre-release, free, pay or
premium versions of the product: RealPlayer 10
for Solaris. You may install only ONE copy of the
Software. 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. IF YOU DO NOT AGREE TO
THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE
"CANCEL" BUTTON AND/OR DO NOT INSTALL THE
SOFTWARE.

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
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 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 of the Software.

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; or (v) remove any proprietary
notices or labels on the Software or
Documentation. 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

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 a 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 af

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 desi

6. 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 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
Software 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.

7. 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

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 following terms
apply:

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE
SOFTWARE, DOCUMENTATION, 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, 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 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 D

8. INDEMNIFICATION. This Software is 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 im

9. 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.

10. 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.

11. TECHNICAL SUPPORT. Technical support for the
Software, as made available by RN, is described
at RN's technical support website:
http://service.real.com.

12. 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

13. 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

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 is
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 exc

Copyright  2006 RealNetworks, Inc. and/or its
suppliers and licensors. 2601 Elliott Ave., Suite
1000, Seattle, Washington 98121 U.S.A. All rights
reserved. RealPlayer, RealNetworks, RealAudio,
RealVideo, and RealMedia are registered
trademarks or trademarks of RealNetworks, Inc.