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- 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 hich 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.
-
-