LICENSE AGREEMENT FOR RADIO@NETSCAPE PLUS(TM) SOFTWARE
The Radio@Netscape Plus software (the "Product") is provided to you free of charge, "AS IS," subject to the terms and conditions of this License Agreement (the "Agreement"). Please read this Agreement in full before using the Product. ONLY INDIVIDUALS WHO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY USE THE PRODUCT AND ACCESS THE RADIO@NETSCAPE PLUS SERVICE PROVIDED BY NETSCAPE OR ITS AFFILIATES (THE "SERVICE").
BY CLICKING THE "YES" BUTTON, YOU AGREE TO USE THE PRODUCT AND SERVICE AS PROVIDED IN THIS AGREEMENT.
1. LICENSE GRANT. Subject to the terms of this Agreement, Netscape Communications Corporation. ("Netscape") grants you a limited, personal, non-exclusive, nontransferable, nonsublicensable, royalty-free license to download and use one copy of the Radio@Netscape Plus Product to access the Radio@Netscape Plus Service. You may make one copy of the Product for archival purposes, provided any copy made must contain all of the original ProductÆs proprietary notices.
2. RESTRICTIONS ON USE. You may not, directly or indirectly: (a) modify, translate, or create derivative works based on the Product; (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Product (except to the extent applicable laws specifically prohibit such restriction); (c) copy (except for archival purposes as set forth above) the Product; or (d) create or use any software other than the Product provided by Netscape to access the Radio@Netscape Plus Service; (e) block, disable, or otherwise affect any advertising, links, or features included in the Product or Service; (f) rent, lease, distribute, assign or otherwise transfer any rights under this Agreement; (g) use the Product for timesharing or service bureau purposes; or permit any third party to use the Product; or (h) remove any proprietary notices or labels on the Product. Access to the Radio@Netscape Plus Service does not grant to you the right to reproduce, copy, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings ("Content") transmitted through the Service, including without limitation, transferring or downloading any Content to a computer hard drive, or otherwise copying any Content onto any other storage medium. In addition, access to the Radio@Netscape Plus Service does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the Content transmitted by the Service, including without limitation, any transmission, retransmission, or further transmission of any Content transmitted through the Service.
3. TERMS OF SERVICE AND PRIVACY POLICY. Your use of the Radio@Netscape Plus Service is governed by the Netscape.com Terms of Service and Privacy Policy, located at http://wp.netscape.com/terms and http://wp.netscape.com/privacy, respectively, and the Radio@Netscape Plus privacy policy, located at http://help.netscape.com/radio/privacy, which supplements these policies. By using the Radio@Netscape Plus Product and Service, you also agree to the terms, conditions and notices contained or referenced in this Agreement. Each time you use the Radio@Netscape Plus Service, you reaffirm your acceptance of the then-current terms and policies. If you do not wish to be bound by these terms and policies, you may discontinue using the Radio@Netscape Plus Product and Service. You understand that any other premium or subscription services offered through the Radio@Netscape Plus Service may be subject to their own terms and conditions and privacy policy. Netscape reserves the right, at its discretion, to update or revise the terms of use and privacy policies for Radio@Netscape Plus. By using the Radio@Netscape Plus Service, you consent to electronic notice of any changes to such terms and policies.
4. TERMINATION. Should you breach this Agreement, your right to use the Product shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Product. In the event of any termination of this Agreement, the restrictions on your use of the Product and Service as set forth in Paragraph 2 ("Restrictions on Use"), as well as Paragraphs 3 through 13 shall survive such termination, and you agree to be bound by those terms.
5. NO SUPPORT. You understand that you use the Product and Service at your own risk and that Netscape provides no assistance or support for your use of the Product or Service.
6. DISCLAIMER OF WARRANTY. THE RADIO@NETSCAPE PLUS PRODUCT AND SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THE PRODUCT OR SERVICE ARE FREE OF DEFECTS OR ERRORS, VIRUS FREE, ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
7. LIMITATION OF LIABILITY. NEITHER NETSCAPE COMMUNICATIONS CORPORATION, AMERICA ONLINE, INC., SPINNER NETWORKS, INCORPORATED, NOR THEIR RESPECTIVE PARENTS, AFFILIATES, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, OR AGENTS (COLLECTIVELY, THE "NETSCAPE GROUP") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE, QUALITY, NONPERFORMANCE, OR PERFORMANCE OF THE PRODUCT OR SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. YOUR REPRESENTATIONS. You represent and warrant that you have the legal capacity to enter into this Agreement, and that you will use the Product and Service only for lawful purposes and in accordance with this Agreement and that you will not use the Product or Service to violate any law, regulation or ordinance or any right of the Netscape Group or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent.
9. EXPORT CONTROLS. You agree to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. For example, you agree not to export, re-export, or import any commodities, software, or technical data received from Netscape, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product from the U.S. By downloading or using the Product or Service, you agree to the foregoing and represent and warrant that you will comply with these conditions.
10. INJUNCTIVE RELIEF. You acknowledge that the Product and Service contain the Netscape GroupÆs proprietary and confidential information, and that disclosure of such information or misuse of the Product or Service will give rise to irreparable injury to the Netscape Group, inadequately compensable in damages. Accordingly, the Netscape Group may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.
11. GOVERNING LAW; ATTORNEYS FEES: This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods. You consent to jurisdiction by the state and federal courts sitting in the Commonwealth of Virginia. If either you or any member of the Netscape Group employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees.
12. U.S. GOVERNMENT END USERS. The Product is a "commercial item" as that term is devined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation." Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Product with only those rights set forth herein.
13. MISCELLANEOUS: This Agreement constitutes the complete and exclusive agreement between Netscape Communications Corporation and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified or waived except in a writing duly signed by an authorized representative of Netscape and you. 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 (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement.
REALNETWORKS, INC. END USER LICENSE AGREEMENT
REALPLAYER VERSION G2
REDISTRIBUTION NOT PERMITTED
_____________________________________________
Product License for RealNetworks RealPlayer Version G2
IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE: This License Agreement for the RealPlayer Version G2 ("License Agreement") is a legal agreement between you (either an individual or an entity) and RealNetworks, Inc. and its suppliers and licensors (collectively "RN") for RealPlayer Version G2 software ("Product"). You may install only ONE copy of the Product. By clicking on the "Accept" button, installing, copying or otherwise using the Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, click on the "Cancel" button and/or do not install the Product. YOU AGREE THAT YOUR USE OF THE PROGRAM ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
ANY THIRD PARTY SOFTWARE, INCLUDING ANY NON-RN PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE "REALPLAYER" FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE.
1. GRANT OF LICENSE: RealNetworks Inc. and its suppliers and licensors (collectively "RN") hereby grants you a non-exclusive license to use the Product and Documentation subject to the following terms:
a) You may: (i) use the Product on any single computer; (ii) use the Product on a second computer so long as the first and second computers are not used simultaneously; and (iii) copy the Product for back-up, archival purposes provided any copy must contain all of the original Product's proprietary notices.
b) You may not: (i) permit other individuals to use the Product except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Product or Documentation; (iii) copy the Product or Documentation (except for back-up purposes); (iv) resell, rent, lease, transfer, or otherwise transfer rights to the Product or Documentation; or (v) remove any proprietary notices or labels on the Product or Documentation. The playback features of this software are intended only for use with properly licensed content and content creation tools. You may require a patent, copyright, or other license from a third party to create or compress content files for playback by this software or to serve such files to be played back by this software.
c) The Product includes certain plug-in components, including, but not limited to, an Active X Control, Java plug-in, and RA XTRA plug-in (collectively "Plug-Ins"). You may install and use Plug-Ins solely as part of, and in conjunction with, HTML in a web browser. You may not use Plug-Ins in any other manner, including using Plug-Ins with any container application that is not a web browser. If you wish to use Plug-Ins in any way not specifically authorized in this section you must contact supportsdk@real.com for a separate license.
2. SOFTWARE: If you receive the first copy of the Product electronically and a second copy on media the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any right to any enhancements or updates to the Product, nor any support services.
3. TITLE: Title, ownership, rights, and intellectual property rights in and to the Product and Documentation shall remain in RN and/or its suppliers. The Product is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Product including the content contained in the Product media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
4. DISCLAIMER OF WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALNETWORKS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF REALNETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. TERMINATION: This License Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from RN to effectuate such termination. Upon termination, you must destroy all copies of the Product and Documentation.
6. INDEMNIFICATION. You agree to compress and play back only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend RN, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have compressed or copied any materials (other than materials provided by RN) in connection with the Product in violation of another party's rights or in violation of any law. If you are importing the Product from the United States, you shall indemnify and hold RN harmless from and against any import and export duties or other claims arising from such importation.
7. U.S. GOVERNMENT RESTRICTED RIGHTS: This Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Product--Restricted Rights at FAR 52.227-19when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Product clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is RealNetworks, Inc./1111 Third Avenue, Suite 2900/ Seattle, Washington, 98101. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Product or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Product you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Product to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
8. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us. RN will not modify the terms and conditions contained in this License Agreement unless both you and an authorized representative of RN execute a separate written instrument. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington. Any and all unresolved disputes arising under this License Agreement shall be submitted to arbitration in the State of Washington.
The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Copyright ⌐ 1995-2002 RealNetworks, Inc. and/or its suppliers.
1111 Third Avenue, Suite 2900, Seattle, Washington 98101 U.S.A. All rights reserved.
RealNetworks, RealAudio, and RealVideo are registered trademarks of RealNetworks, Inc.
RealPlayer G2 Gold Update 1 License (03 March 1999)
