path: root/licenses/realone

REALNETWORKS, INC.
END USER LICENSE AGREEMENT
REALNETWORKS PRODUCTS

REDISTRIBUTION NOT PERMITTED

Software License for RealNetworks Products

IMPORTANT -- READ CAREFULLY BEFORE USING
THIS SOFTWARE: This License Agreement
for certain RealNetworks Products
("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 ("Software").  The Software may
include any of the following
RealNetworks products including any
combination of such products and Alpha,
Beta, trial and pre-release versions of
the products (collectively, "RN
Products"): RealONE (basic version) and
RealONE Plus (together, "RealONE
Player").  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.

YOU AGREE TO BE BOUND BY THE "TERMS OF
SERVICE FOR GOLDPASS AND REALONE
SERVICES" 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
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, AN ELECTRONIC
COPY OF WHICH WILL BE 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, chinembed.so.6.0,
nprealplayer.so, 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 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 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.  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
RealONE 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 Software, using
AutoUpdate, automatically communicates
with RN's servers on the Internet to
check for updates to the Software, such
as bug fixes, patches, enhanced
functions, and new versions. AutoUpdate
can also run independently of the
Software to perform background update
checks. RN may download updates during
the background checks, when the Software
automatically communicates with RN's
servers, when you manually check for
updates, or when the Software detects a
file it cannot access. You agree that RN
may download updates and install them as
part of your Software.  If you prefer to
be notified when an auto-update is
performed, follow these steps: On the
Menu, select Preferences, AutoUpdate,
and then de-select "Automatically
download and install software updates."
All such updates to the Software are
governed by this Agreement, unless other
license terms are provided with the
update.  Although RN uses authentication
technology to provide security for the
AutoUpdate process, RN is not
responsible for the failure of such
security measures.

d) Message Center: The 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 the Software to perform
background new message checks. The
Software is set by default to show
message headlines and to check for
messages once or twice a week. You can
change the way messages are displayed
and the frequency messages are checked
by following these steps: On Menu,
select View, and then Message
Center. The Message Center dialog
appears. On Menu, select Delivery
Preferences and select the desired
preferences. If you sign up for services
that send messages more frequently than
the frequency you have selected, your
frequency selection may be
overridden. The Software is set by
default to check for messages. The first
time you use the Software, you will be
sent a Welcome Message that will
describe how to opt-out of receiving
Special Offers messages and how to
opt-in to receive other personalized
messages, depending on your categories
of interest. Receipt of upgrade
information is not optional. To learn
more, visit the RealNetworks Privacy
Policy link on our website at
http://www.realnetworks.com/company/privacy/index.html.

7. SCHEDULER.  The Scheduler,
evntsvc.exe, is installed along with the
Software. Once installed, it runs
independently of the Software. The
Scheduler does not collect personal
information or communicate with RN's
servers. It is used to remind
Auto-Update and Message Center to
perform their tasks at pre-scheduled
intervals. The Scheduler is also used to
automatically launch RN's Media Type
Helper. The Media Type Helper ensures
the system is configured for correct
operation of the Software with
Multi-Purpose Internet Mail Extensions
("MIME") types, file extensions,
Internet protocols and other media
types. If a media type has been assigned
a different action by a different
application, Media Type Helper may
override the association and substitute
its own association.


8.	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 the 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) 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, RealONE Player 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
RealONE Player, 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 RealONE
Player 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.

9.  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.

10.  WARRANTIES AND LIABILITIES.

(a) For the Plus 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 Basic, trial, Alpha, and
Beta versions of RN Products, the
following terms apply:

DISCLAIMER OF WARRANTY & LIMIT OF
LIABILITY.  THE SOFTWARE AND
DOCUMENTATION 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 AND DOCUMENTATION REMAINS
WITH YOU.  TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL RN OR ITS SUPPLIERS 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
PRODUCT, 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.

11. 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 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.

12. 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.

13. 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.

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

15.  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).

16.  MISCELLANEOUS.  This License
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 License Agreement may
not be modified except in a writing duly
signed by you and an authorized
representative of RN.  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 relating in any way to, or
arising out of, the Software, your use
of the Software or this License
Agreement shall be submitted to
arbitration in the State of Washington;
except that, to the extent that you have
breached or have indicated your
intention to breach this License
Agreement in any manner which violates
or may violate RN's intellectual
property rights, or may cause continuing
or irreparable harm to RN (including,
but not limited to, any breach that may
impact RN's intellectual property
rights, or a breach by reverse
engineering), RN may seek injunctive
relief, or any other appropriate relief,
in any court of competent jurisdiction.
Any arbitration of a dispute under this
Agreement 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) 1995-2001 RealNetworks,
Inc. and/or its suppliers.  2601 Elliott
Ave., Suite 1000, Seattle, Washington
98121 U.S.A.  All rights reserved.
RealOne Player, RealNetworks, RealAudio,
RealVideo, RealMedia, GoldPass and
RealSystem are registered trademarks or
trademarks of RealNetworks, Inc.

























EXHIBIT A

REALNETWORKS, INC.  TERMS OF SERVICE FOR
GOLDPASS AND REALONE SERVICES

Terms of Service for GoldPass and/or
RealONE Services

IMPORTANT -- READ CAREFULLY: These Terms
of Service for GoldPass and/or RealONE
Services ("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
GoldPass and/or RealONE Services
("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 or
otherwise using or accepting the
Services, you agree to be bound by the
terms of this Agreement.  IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO
NOT CLICK ON THE "ACCEPT" BUTTON AND DO
NOT PURCHASE OR USE THE SERVICES.

YOU AGREE THAT YOUR USE OF THE SERVICES
ACKNOWLEDGES THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS.

THE SERVICES MAY BE PROVIDED TO YOU ON A
FREE OR TRIAL BASIS AT THE SOLE
DISCRETION OF REALNETWORKS.

YOUR USE OF THE REALONE PLAYER SOFTWARE
WILL BE GOVERNED BY THE REALONE PLAYER
LICENSE AGREEMENT ACCOMPANYING THE
SOFTWARE, AN ELECTRONIC COPY OF WHICH
WILL BE INSTALLED IN THE APPROPRIATE RN
PRODUCT FOLDER ON YOUR COMPUTER UPON
INSTALLATION OF THE SOFTWARE.

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 RealONE Player
upgrades released during your
subscription period; and (3) RealONE
Player 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 GOLDPASS AND
REALONE SERVICES

	You may cancel the GoldPass and
RealONE 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 contacting
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; and (v) remove any
proprietary notices or labels on the
Content or Service.


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

You are required to have a RealNetworks
account to use both free and paid
Services, including RealONEPlayer and
free Services trial periods. 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
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.  To
summarize key terms of the RealNetworks
Privacy Policy: Information collected in
RealNetworks accounts includes name,
e-mail address, age, gender, location
information, product and service
information, information on software
downloads and updates, systems
information, content preferences,
purchase information and credit card
billing information.  The information is
stored locally in cookies on a user's
personal computer and on RealNetworks
servers and is sent to and from such
servers as part of routine product
communications that enable RealONE
Player functionality.

RealNetworks uses this information to:

a) Verify access rights to premium
content, services or software.

b) To provide you with information about
products, services, news and events.

c) To allow you to purchase and download
products and services.

d) To provide you with advertising,
promotions and special offers we feel
you may be interested in based on
content preferences and other
information you provide to us.

e) To provide you with personalized
content programming, instructions and
services (such as local radio stations
or to retain a list of your recently
played stations).

f) For license reporting, billing,
royalty payments and assessment of
service levels.

g) To better understand on an aggregated
basis how our products are used, traffic
patterns and what types of content and
services are most popular with users of
our products and services.


This information is treated according to
the RealNetworks Privacy Policy at
http://www.realnetworks.com/company/privacy/index.html.
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 GoldPass
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 GoldPass e-mail as provided in
each e-mail.

7.  TITLE.  Title, ownership, rights,
and intellectual property rights in and
to the Services shall remain in RN
and/or its suppliers.  The Services and
Content are protected by the copyright
laws of the United States and other
countries, and by international
copyright treaties.  Title, ownership
rights and intellectual property rights
in and to the Content accessed through
the Services shall be retained by the
applicable Content owner and may be
protected by applicable copyright or
other laws.

8.  DISCLAIMER OF WARRANTY & LIMIT OF
LIABILITY.

THE SERVICES AND ANY 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
OF THE SERVICES OR CONTENT REMAINS WITH
YOU.  TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL RN OR
ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, COMPUTER
FAILURE, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF
THIS AGREEMENT OR THE USE OF OR
INABILITY TO USE THE SERVICES, OR THE
CONTENT EVEN IF RN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH RN RELATED TO THIS
AGREEMENT OR THE SERVICES/CONTENT SHALL
BE CANCELLATION OF THE GOLDPASS AND
REALONE SERVICES. IN THE EVENT A COURT
AWARDS DIRECT DAMAGES DESPITE THE
FOREGOING, SUCH DAMAGES SHALL NOT EXCEED
THE LESSER OF $25.00 OR THE AMOUNT YOU
PAID.  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.

9. INDEMNIFICATION.  This 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 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.

10. NO ASSIGNMENT.  This Agreement is
personal to you, and may not be assigned
without RN's express written consent.

11.  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 Services, or your use of
the Services (including the
arbitrability of any claim or dispute
and the enforceability of this
paragraph), or to any other alleged act
or omission by you or RN toward the
other, shall be final and binding
arbitration.  The arbitration shall be
conducted under the Commercial
Arbitration Rules of the American
Arbitration Association ("AAA") before a
panel of three arbitrators and conducted
in the State of Washington. You and RN
also agree that the AAA Optional Rules
for Emergency Measures of Protection
shall apply to the proceedings. You and
RN may litigate in court only to compel
arbitration under this License Agreement
or to confirm, modify, vacate or enter
judgment on the award rendered by the
arbitrators. To the extent that you have
breached or have indicated your
intention to breach this Agreement in
any manner which violates or may violate
RN's intellectual property rights, or
may cause continuing or irreparable harm
to RN (including, but not limited to,
any breach that may impact RN's
intellectual property rights, or a
breach by reverse engineering), RN may
seek injunctive relief, or any other
appropriate relief, in any court of
competent jurisdiction.  You and RN must
commence an arbitration by filing a
demand for arbitration with the AAA
within ONE (1) YEAR after the date the
party asserting the claim first knows or
reasonably should know of the act,
omission or default giving rise to the
claim; and there shall be no right to
any remedy for any claim not asserted
within that time period (If applicable
law prohibits a one-year limitations
period for asserting claims, the claim
must be asserted within the shortest
time period in excess of one year that
is permitted by applicable law.).  To
the fullest extent permitted by
applicable law: no arbitration under
this License Agreement shall be joined
to an arbitration involving any other
current or former licensee of RN,
whether through class arbitration
proceedings or otherwise; 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).  This Agreement
shall be governed by the laws of the
State of Washington and the Federal
Arbitration Act, 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.

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
excluded.

Copyright (c) 1995-2001 RealNetworks,
Inc. and/or its suppliers.  2601 Elliott
Ave., Suite 1000, Seattle, Washington
98121 U.S.A.  Patents Pending. All
rights reserved.  RealNetworks,
GoldPass, RealONE and RealONE Player are
registered trademarks or trademarks of
RealNetworks, Inc.