path: root/licenses/realplayer8

REALNETWORKS, INC.
END USER LICENSE AGREEMENT
REALNETWORKS PRODUCTS

REDISTRIBUTION NOT PERMITTED

Software License for certain 
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") for 
the RealNetworks software ("Software"). 
 The Software may include any of the 
following RealNetworks products 
including any combination of such 
products and Beta versions of the 
products (collectively, "RN Products"): 
RealPlayer 8 (basic version) and 
RealPlayer 8 Plus (together, 
"RealPlayer"); RealJukebox 2 (basic 
version) and RealJukebox 2 Plus 
(together, "RealJukebox"); and 
RealDownload 4 (basic version), 
RealDownload Express and RealDownload 4 
Plus (together, "RealDownload").  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 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, rcansplg.so.6.0, 
rpnp.so, rpnphelper, rcaembed.so.6.0, 
rcacore.so.6.0, realplay.exe, 
nppl3260.dll, rmoc3260.dll, 
embd3260.dll, rpcl3260.zip, tpasdk.dll, 
teasdk.dll, tsystray.exe, teamp3.dll, 
tsasdk.dll, security.dll, or tpdmgr.dll 
applications.  Any direct use of 
Plug-Ins through a non-RN proprietary 
application, including a custom or 
user-written application is prohibited 
by this Agreement.  

c)	RN may modify this License 
Agreement with respect to free versions 
of the Software upon 14 days written 
notice to you, including notice via the 
communications features described below.

2. LICENSE RESTRICTIONS.

a)	You may not: (i) permit other 
individuals to use the Software except 
under the terms listed above; (ii) 
modify, translate, reverse engineer, 
decompile, disassemble (except to the 
extent that this restriction is 
expressly prohibited by law) or create 
derivative works based upon the 
Software or Documentation; (iii) copy 
the Software or Documentation (except 
for back-up or archival purposes); (iv) 
rent, lease, transfer, or otherwise 
transfer rights to the Software or 
Documentation; (v) remove any 
proprietary notices or labels on the 
Software or Documentation; or (vi) use 
the MP3 encoder in real time 
broadcasting (terrestrial, satellite, 
cable or other media) or broadcasting 
via the internet or other networks, 
such as, but not limited to, intranets. 
 You also may not use the RealJukebox 
MP3 encoder in pay-audio or 
audio-on-demand applications.  Any such 
forbidden use shall immediately 
terminate your license to the Software. 
 The recording, playback and download 
features of the Software are intended 
only for use with public-domain or 
properly licensed content and content 
creation tools.  You may require a 
patent, copyright, or other license 
from a third party to create, copy, 
download, record or save content files 
for playback by this Software or to 
serve or distribute such files to be 
played back by the Software.

b) You agree that you shall only use 
the Software and Documentation in a 
manner that complies with all 
applicable laws in the jurisdictions in 
which you use the Software and 
Documentation, including, but not 
limited to, applicable restrictions 
concerning copyright and other 
intellectual property rights.  

c) You may only use the Software for 
your private, non-commercial use.  You 
may not use the Software in any way to 
provide, or as part of, any commercial 
service or application. Copies of 
content files, including, but not 
limited to songs and other audio 
recordings, which are downloaded or 
copied using the Software, and which 
are protected by the copyright laws or 
related laws of any jurisdiction, are 
for your own personal use only and may 
not be distributed to third parties or 
performed outside your normal circle of 
family and social acquaintances.  

d) You may not use the Software in an 
attempt to, or in conjunction with, any 
device, program or service designed to 
circumvent technological measures 
employed to control access to, or the 
rights in, a content file or other work 
protected by the copyright laws of any 
jurisdiction.

e)	The Software embodies a serial 
copying management system required by 
the laws of the United States.  You may 
not circumvent or attempt to circumvent 
this system by any means.

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

4.	BETA RELEASE VERSIONS.  In the 
event that the Software is a beta 
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 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. 	AUTOMATIC COMMUNICATIONS 
FEATURES.  

a)	The Software consists of 
interactive Internet applications which 
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 (for 
example, channel headline updates in 
RealPlayer, and GetMusic updates in 
RealJukebox).  Such automatic 
communications features do not send any 
personally identifiable information 
about you without your consent.  Most 
automatic communications features can 
be changed by you in User Preferences.  
By installing and/or using the 
Software, you consent to the Software's 
communications features.  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.  To learn more, visit 
the RealNetworks Consumer Software 
Privacy Statement link on our website 
at http://www.real.com.  You are 
responsible for any telecommunications 
or other connectivity charges incurred 
through your use of the Software.

b)	The Software 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.  
RN will notify you when updates are 
available. If you decide to update, you 
agree that RN may upload updates and 
install them as part of your Software.  
All such updates to the Software are 
governed by this Agreement, unless 
other license terms are provided with 
the update.  Although RN uses 
encryption technology to provide 
security for the autoupdate process, RN 
is not responsible for the failure of 
such security measures.  The autoupdate 
function is not available for 
RealDownload.

c)	RealDownload automatically and 
anonymously communicates with RN when 
you install or uninstall it, and when 
you use it to download files from the 
Internet.  During these automatic 
communications, RN does not send or 
receive any personally identifiable 
information about you without your 
consent. These anonymous communications 
allow RN to count the number of its 
RealDownload users, to provide 
advertising services, and otherwise to 
provide a useful product and service 
and to plan for future enhancements and 
services. When you download files using 
RealDownload, it sends the name and URL 
of the file you are downloading along 
with relevant product and Internet 
communication information to RN.  This 
information is sent so RN can display 
appropriate advertising, and for 
aggregate, anonymous statistical 
analysis.  RN does not associate file 
downloads with individuals without 
express consent.  Because RN works 
through the use of a browser window, RN 
may set a cookie if you have chosen to 
enable cookies in your browser.   In 
the event the Software contains a trial 
or free version of RealDownload, the 
advertisements may only be removed 
through purchase of the RealDownload 
Plus, which is available at 
http://www.real.com.

6.	DIGITAL RIGHTS MANAGEMENT 
SYSTEMS ("DRMs").  The Software 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 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 
section 5(b).  You agree to indemnify 
and hold harmless RN for any claim 
relating to your use of a third party 
DRM.

7. 	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.

8. 	WARRANTIES AND LIABILITIES.

(a)	For the Plus 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, 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 FIVE DOLLARS ($5.00).  
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.

9.	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.

10.	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.

11.	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.

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

13. 	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 (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 
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.

14. 	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 is 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) 1995-2000 RealNetworks, 
Inc. and/or its suppliers.  2601 
Elliott Ave., Suite 1000, Seattle, 
Washington 98121 U.S.A.  All rights 
reserved.  RealNetworks, RealAudio, 
RealVideo, RealPlayer, RealJukebox, 
RealDownload, RealMedia, and RealSystem 
are registered trademarks or trademarks 
of RealNetworks, Inc.