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PLAYRLIC.TXT
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1996-09-17
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9KB
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224 lines
LICENSE AGREEMENT FOR THE
REALAUDIO PLAYER
IMPORTANT -- READ CAREFULLY: By clicking on the
"Next" button or by opening the sealed packet(s) to
make and utilize copies of the RealAudio Player
and accompanying software ("Software"), Licensee
agrees to be bound by the terms of this License
Agreement ("Agreement"). If Licensee does not agree
to the terms of this Agreement, Licensee must promptly
destroy all copies of the Software and accompanying
documentation ("Documentation"), and obtain a full
refund from Progressive Networks, Inc.
I. GRANT OF LICENSE:
Progressive Networks, Inc. ("PN") hereby grants to
Licensee a non-exclusive license to use the Software
and Documentation on the following terms:
Licensee 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; (iii) copy the Software for archival
purposes, provided any copy must contain all of the
original Software's proprietary notices.
Licensee 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
purposes); (iv) rent, lease, transfer or otherwise
transfer rights to the Software or Documentation; or
(v) remove any proprietary notices or labels on the
Software or Documentation.
II. SOFTWARE:
If Licensee receives the first copy of the Software
electronically, and a second copy on media, the second
copy may be used for archival purposes only. This
license does not grant Licensee any right to any
enhancement or update.
III. TITLE:
Title, ownership rights, and intellectual property
rights in and to the Software and Documentation shall
remain in PN 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 audio demonstration
files, is the property of the applicable content owner
and may be protected by applicable copyright or other
law. This license gives Licensee no rights to such
content.
IV. LIMITED WARRANTY:
PN 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. PN does not warrant,
however, that Licensee's use of the Software will be
uninterrupted or that the operation of the Software
will be error-free or secure. PN also warrants that
the media containing the Software, if provided by PN,
is free from defects in material and workmanship and
will so remain for ninety (90) days from the date
Licensee acquires the Software.
V. CUSTOMER REMEDIES:
PN's sole liability for any breach of this warranty
shall be, in PN's sole discretion: (i) to replace
Licensee's defective media; or (ii) to advise Licensee
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 Licensee 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 PN either shipped to
Licensee the repaired or replaced Software or advised
Licensee as to how to operate the Software so as to
achieve the functionality described in the Documentation,
which ever is applicable. Only if Licensee informs PN
of the problem with the Software during the applicable
warranty period and provides evidence of the date Licensee
acquired the Software will PN be obligated to honor this
warranty.
NO OTHER WARRANTIES: TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW,
PN AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTIBILITY 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
Licensee during the warranty period; if the media
is subjected to accident, abuse, or improper use; or
if Licensee violates the terms of this license, then
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 LICENSEE SPECIFIC LEGAL
RIGHTS. LICENSEE MAY HAVE OTHERS, WHICH VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.
VI. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT OR
OTHERWISE, SHALL PN OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO LICENSEE 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 PN SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. FURTHER, IN NO
EVENT SHALL PN'S LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT EXCEED THE
LICENSE FEE PAID TO PN 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
LICENSEE.
VII. INDEMNIFICATION
Licensee represents and warrants that it will utilize
the "Selective Record" feature only for data for
which Licensee has obtained all necessary clearances
and permissions. Licensee assumes the entire risk
resulting from its breach of this warranty, and
agrees to hold harmless, indemnify and defend PN,
its officers, directors and employees from and
against any losses, damages, fines and expenses
(including attorney's fees and costs) arising out
of or relating to any claims that the Licensee has
recorded and/or transmitted materials in violation
of another party's rights.
VIII. TERMINATION:
This license shall terminate automatically if Licensee
fails to comply with the limitations described in this
license. On termination, Licensee must destroy all
copies of the Software and Documentation.
IX. U.S. GOVERNMENT RESTRICTED RIGHTS
AND EXPORT RESTRICTIONS:
The Software is provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and
Computer Software clause of DFARS 252.227-7013 or
subparagraphs (c)(i) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is
Progressive Networks, 1111 Third Avenue, Suite 2900,
Seattle, Washington 98101. Licensee acknowledges
that none of the Software or underlying information
or technology may be download or otherwise exported
or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods; or anyone on the U.S.
Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table
of Denial Orders. By using the Software, you are
agreeing to the foregoing and you are representing
and warranting that you are not located in, under
the control of, a national or resident or resident
of any such country or on any such list.
X. GOVERNING LAW; ATTORNEYS FEES:
This agreement shall be governed by the laws of the
State of Washington and Licensee further consents to
jurisdiction by the state and federal courts sitting
in the State of Washington. If either PN or Licensee
employs attorneys to enforce any rights arising out
of or relating to this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees.
XI. ENTIRE AGREEMENT:
This agreement constitutes the complete and exclusive
agreement between PN and Licensee 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 except in a writing duly signed by
an authorized representative of PN and Licensee.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY LICENSEE IS EXPRESSLY MADE CONDITIONAL
ON THE CONSENT OF LICENSEE TO THE TERMS SET
FORTH HEREIN.