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RealNetworks License
RealNetworks License
4. ALPHA RELEASE VERSIONS. In the event that the Software is an alpha release
version, the terms of this Section shall apply. Your license to use the Softwar
e expires 45 days after installation (or such other period as indicated by the S
oftware) 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 rele
ase of the Software, RN reserves the right at any time not to release a commerci
al release of the Software or, if released, to alter features, specifications, c
apabilities, functions, licensing terms, release dates, general availability or
other characteristics of the commercial release. You agree that the alpha relea
se 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 li
cense expires.
5. BETA RELEASE OR PRE-RELEASE VERSIONS. In the event that the Software is a b
eta 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 commercia
l 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 ti
me not to release a commercial release of the Software or, if released, to alter
features, specifications, capabilities, functions, licensing terms, release dat
es, general availability or other characteristics of the commercial release. Yo
u agree that the beta release or pre-release versions are not suitable for produ
ction use and may contain errors affecting their proper operation. You agree th
at you will not do anything to circumvent or defeat the features designed to sto
p the Software from operating after the license expires.
6. FIREWALL CONFIGURATION. The Software configures certain firewall applicatio
ns such that the user is not alerted when the Software requests or receives data
necessary for playback of content over the UDP protocol.
7. AUTOMATIC COMMUNICATIONS FEATURES.
a) The Software consists of interactive Internet applications that perform a va
riety of communications over the Internet as part of their normal operation. A
number of communications features are automatic and are enabled by default. By i
nstalling and/or using the Software, you consent to the Software's communication
s features. Once you log into the Software, user information including your use
r 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 personall
y identifiable information in order to provide you with products, services, and
software that you're entitled to and to provide you with relevant information. Y
ou are responsible for any telecommunications or other connectivity charges incu
rred 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 t
he 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 premiu
m software features and services and some Real services may not function properl
y. To learn more, visit the RealNetworks Privacy Policy link on our website at h
ttp://www.realnetworks.com/company/privacy/index.html.
c) AutoUpdate: The RealPlayer, using AutoUpdate, automatically communicates wit
h RN's servers on the Internet to check for updates to RN's and RN partner's sof
tware, such as bug fixes, patches, enhanced functions, missing plug-ins and new
versions. AutoUpdate also has the capability to run independently of RealPlayer
to perform background update checks. RN may download updates during the backgrou
s to provide security related updates to the DRM components of the Software ("Se
curity Updates") that may affect your ability to copy, display and/or utilize th
e Software. You therefore agree that, if you elect to download a license from t
he Internet which enables your use of Secure Content, RN or its suppliers may, i
n conjunction with such license, also download onto your computer such Security
Updates that a Secure Content Owner has requested that RN or its suppliers distr
ibute. Unless notification is provided to you, RN and its suppliers will not re
trieve any personally identifiable information, or other information, from your
computer by downloading such Security Updates.
c) The Media Commerce Software allows you to receive and playback content that
has been digitally secured by a content provider. The Media Commerce Software in
teracts with your computer in the following ways:
1. Hardware information: In order to download the appropriate software, RealPla
yer must send certain anonymous information about the hardware on your computer
to the RealNetworks download server. Once the software is installed, informatio
n about your hardware will not be stored on any server. Hardware information wi
ll also be sent for content passes, as described below.
2. Content passes: When obtaining passes for playback of content (such as a mus
ic or video file) in RealPlayer, information about your specific Media Commerce
Software installation and hardware will be sent to the content provider for incl
usion in the pass. This installation and hardware information will be scrambled
a different way each time it is sent, usable only for inclusion in your pass.
3. Personal information: Media Commerce Software will not associate itself with
any personal information in RealPlayer or anywhere else on your computer. Real
Networks' use of any personal information is governed by the RealNetworks privac
y policy (http://www.realnetworks.com/company/privacy/index.html). RealNetworks
does not share with third parties any personal information you provide in conne
ction with our products without first obtaining your informed consent.
4. Financial information: Media Commerce Software does not interact with the pr
ocess of secure financial transactions, e.g. credit card transactions. These tr
ansactions 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 anonym
ous use of the Media Commerce Software. However, content partners using the Med
ia Commerce Software will not provide RealNetworks with information on specific
content for which an individual user obtains passes.
d) Secure content owners may be using the Microsoft digital rights management t
echnology for Windows Media distributed with this software ("WM-DRM") to protect
the integrity of their content ("Secure Content") so that their intellectual pr
operty, including copyright, in such content is not misappropriated. Portions o
f this software and other third party applications use WM-DRM to play Secure Con
tent ("WM-DRM Software"). If the WM-DRM Software's security has been compromised
, owners of Secure Content ("Secure Content Owners") may request that Microsoft
revoke the WM-DRM Software's right to copy, display and/or play Secure Content.
Revocation does not alter the WM-DRM Software's ability to play unprotected con
tent. A list of revoked WM-DRM Software is sent to your computer whenever you d
ownload a license for Secure Content from the Internet. Microsoft may, in conju
nction with such license, also download revocation lists onto your computer on b
ehalf of Secure Content Owners. Secure Content Owners may also require you to u
pgrade some of the WM-DRM components distributed with this software ("WM-DRM Upg
rades") before accessing their content. When you attempt to play such content,
WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is requ
ired and then ask for your consent before the WM-DRM Upgrade is downloaded. Non
-Microsoft WM-DRM Software may do the same. If you decline the upgrade, you wil
l not be able to access content that requires the WM-DRM Upgrade; however, you w
ill still be able to access unprotected content and Secure Content that does not
require the upgrade. WM-DRM features that access the Internet, such as acquiri
ng new licenses and/or performing a required WM-DRM Upgrade, can be switched off
. When these features are switched off, you will still be able to play Secure C
ontent if you have a valid license for such content already stored on your compu
ter.
10. TITLE. Title, ownership, rights, and intellectual property rights in and t
o the Software and Documentation shall remain in RN and/or its suppliers. The S
oftware and the Services are protected by the copyright laws of the United State
s and international copyright treaties. Title, ownership rights and intellectua
l property rights in and to the content accessed through the Software and the Se
rvices ("Content") including the content contained in the Software media demonst
ration files, shall be retained by the applicable Content owner and may be prote
cted by applicable copyright or other law. This license gives you no rights to
such Content.
11. WARRANTIES AND LIABILITIES.
(a) For the Pay and Premium versions of RN Products, the following terms apply:
LIMITED WARRANTY. RN warrants that for a period of ninety (90) days from the da
te of acquisition the Software, if operated as directed, will substantially achi
eve the functionality described in the Documentation. RN does not warrant howev
er 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 cont
aining the Software, if provided by RN, is free from defects in material and wor
kmanship and will so remain for ninety (90) days from the date you acquire the S
oftware.
(i) No Other Warranties. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW RN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPR
ESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILIT
Y AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPAN
YING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. If any modifications are
made to the Software by you during the warranty period; if the media is subjecte
d 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 oth
er than the unmodified version of hardware and Software with which the Software
was designed to be used as described in the Documentation. THIS LIMITED WARRANT
Y GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STAT
E/JURISDICTION TO STATE/JURISDICTION.
(ii) Customer Remedies. RN's sole liability for a breach of this warranty shal
l be in RN's sole discretion: (i) to replace your defective media; or (ii) to ad
vise you how to achieve substantially the same functionality with the Software a
s described in the Documentation through a procedure different from that set for
th in the Documentation; or (iii) if the above remedies are impracticable, to re
fund the license fee, if any, you paid for the Software. Repaired, corrected or
replaced Software and Documentation shall be covered by this limited warranty f
or 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 repa
ired 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 appli
cable. Only if you inform RN of the problem with the Software during the applic
able warranty period and provide evidence of the date you acquired the Software
License Agreement.
14. NO ASSIGNMENT. This Agreement is personal to you, and may not be assigned
without RN's express written consent. In the event that you are an entity that
merges with another entity or are acquired by another entity during the Term, yo
u 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 assign
ment of this Agreement to the new or acquiring entity in such merger or acquisit
ion, RN may terminate this Agreement on thirty (30) days' written notice. Both
parties shall perform under this Agreement until such termination is effective.
15. TECHNICAL SUPPORT. Technical support for the Software, as made available b
y RN, is described at RN's technical support website: http://service.real.com/r
ealplayer.
16. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. U.S. GOVERNMENT
RESTRICTED RIGHTS: This Software and documentation are provided with RESTRICTE
D RIGHTS. Use, duplication or disclosure by the Government is subject to restri
ctions set forth in subparagraphs (a) through (d) of the Commercial Computer Sof
tware--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 2
52.227-7013, 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 bo
th foreign and domestic. You acknowledge that none of the Software or underlyin
g information or technology may be downloaded or otherwise exported or re-export
ed (i) into Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, Nor
th Korea, Serbia (except Kosovo), Sudan and Syria or any other country subject t
o a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Sp
ecially Designated Nationals or the U.S. Commerce Department's Denied Parties Li
st 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, r
evoked, or denied you export privileges, (ii) you are not located in or under th
e 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, o
r to any prohibited person, entity, or end-user as specified by U.S. export cont
rols. 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://bxa.fedworld.gov).
17. IMPORTANT--MISCELLANEOUS.
a) Arbitration & Jurisdiction. You and RN agree that the exclusive remedy for a
ll 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 fin
al and binding arbitration. The arbitration shall be conducted under the Commer
cial 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 exte
nt permitted by law: no arbitration under this License Agreement shall be joine
d to any other arbitration, including any arbitration involving any other curren
t 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 arbitra
tion 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 ar
bitration hereunder (unless determined in another proceeding between you and RN)
. Your arbitration fees and your share of arbitrator compensation will be limit
ed to those set forth in the AAA's Consumer Rules with the remainder paid by RN.
If such costs are determined to be excessive, RN will pay all arbitration fees
and arbitrator compensation. You and RN may litigate in court only to compel a
rbitration under this Agreement, stay proceedings pending arbitration, or to con
firm, modify, vacate or enter judgment on the award rendered by the arbitrator(s
). You and RN hereby consent to the exclusive jurisdiction of the state and fed
eral courts sitting in the State of Washington to enforce the provisions of this
Section 16 and to resolve any disputes and claims cognizable in court relating
in any way, or arising out of, this Agreement, the Software or Services or your
use of the Software or Services. The court, not the arbitrator, shall determine
arbitrability and enforce the arbitration agreements contained herein, includin
g the prohibition on consolidated arbitrations and class arbitration. This Agre
ement and all disputes and claims relating in any way to, or arising out of, thi
s Agreement, the Software or Services or your use of the Software or Services sh
all be governed by the laws of the State of Washington and the Federal Arbitrati
on Act.
b) Complete Agreement. This Agreement shall constitute the complete and exclus
ive agreement between us, notwithstanding any variance with any purchase order o
r other written instrument submitted by you, whether formally rejected by RN or
not. The acceptance of any purchase order you place is expressly made condition
al on your consent to the terms set forth herein. The terms and conditions cont
ained in this Agreement may not be modified by you except in a writing duly sign
ed by you and an authorized representative of RN. If any provision of this Agre
ement is held to be unenforceable for any reason, such provision shall be reform
ed 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 n
ot be governed by the United Nations Convention of Contracts for the Internation
al Sale of Goods, the application of which is hereby expressly excluded.
Copyright (c) 1995-2009 RealNetworks, Inc. and/or its suppliers and licensors.
2601 Elliott Ave., Suite 1000, Seattle, Washington 98121 U.S.A. All rights rese
rved. RealPlayer, RealNetworks, RealSystem, RealPlayer Plus, RealJukebox, RealP
layer for Pocket PC and Real Services are registered trademarks or trademarks of
RealNetworks, Inc.
Last modified: May 27, 2009
EXHIBIT A
REALNETWORKS, INC.
TERMS OF SERVICE
Terms of Service for Real Services
1. PAYMENT & SERVICES.
Following the expiration of a trial period that may be provided to you in the so
le 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 applic
able taxes, in accordance with the billing terms and prices in effect at the tim
e 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 f
rom 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 c
ancel the Services at any time, but RN will not refund any remaining portion of
your subscription fees, including any minimum commitments, already billed to you
r account. You agree to provide RN with a valid credit card and accurate, compl
ete and updated information required by the subscription registration form. Fai
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 terminati
on of this Agreement (whether by you or RN), you shall immediately discontinue u
se of the Services. Your obligation to pay accrued charges and fees shall survi
ve 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 Serv
ices and Content, including, but not limited to, applicable restrictions concern
ing copyright and other intellectual property rights. Except as specifically aut
horized 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, leas
e, transfer, or otherwise transfer rights to the Content or the Services; (v) re
move any proprietary notices or labels on the Content or Service; and (vi) add t
o, alter, delete from, or otherwise modify the Content.
b) You may only use the Services and Content for your private, non-commercial u
se. You may not use the Services or Content in any way to provide, or as part o
f, any commercial service or application. All Content, including but not limited
to that is streamed, converted, downloaded or copied using the Services are pro
tected by the U.S. copyright laws and related laws of other jurisdictions, and a
re for your own personal use only. You may not, under any circumstances, distri
bute 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 th
e rights in, a Content file. The Service embodies a copy management system requ
ired 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 thi
s Section 4 "Service Use Restrictions" shall immediately terminate your license
to the Content and the Services.
5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to RealNetworks is governed by RealNetworks Pri
vacy Policy at http://www.realnetworks.com/company/privacy/index.html. Your elec
tion to use the free or paid Software and Services, indicates your acceptance of
the terms of the RealNetworks Privacy Policy, so please review it carefully if
you have any questions about RealNetworks treatment of personal information you
provide to us. If you have questions about our Privacy Policy, please e-mail us
at privacy@real.com.
You are responsible for maintaining the confidentiality of your password and acc
ount information. You are responsible for all activities that occur in your acc
ount and you agree to notify RealNetworks immediately of any unauthorized accoun
t use. RealNetworks is in no way responsible for any loss that you may incur as
a result of any unauthorized use of your user account and password.
6. E-MAIL NOTIFICATION.
To let you know what new Content and Services are available from time to time, R
N will send you e-mail describing the latest Content and how to get access to th
e Content. You agree that as a Service subscriber, RN may send you such e-mail