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PC Gamer (Italian) 33
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PC Gamer IT CD 33 1-2.iso
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14-DAY
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RPLAYER5
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RPLAYER5.EXE
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PLAYRLIC.TXT
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1997-10-06
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10KB
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242 lines
LICENSE AGREEMENT FOR THE
REALPLAYER PLUS
IMPORTANT -- READ CAREFULLY: By clicking on
the "Accept" button or by opening the sealed packet(s)
to make and utilize copies of the RealPlayer Plus and
accompanying software ("Software") Licensee agrees to
be and is hereby bound by the terms of this License
Agreement ("License Agreement"). If Licensee does
not agree to the terms of this License Agreement,
Licensee must promptly destroy all copies of the
Software and accompanying documentation
("Documentation") and obtain a full refund of any fees
paid from RealNetworks Inc.
I. GRANT OF LICENSE:
RealNetworks, Inc. and its suppliers and licensors
("RN") hereby grant to Licensee a non-exclusive license
to use the Software and Documentation subject to 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 back-up,
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 and may
not be transferred to or used by any other person. 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 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 Licensee no rights to such content.
IV. 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 Licensee's 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 Licensee
acquires the Software.
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 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 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 LICENSEE
SPECIFIC LEGAL RIGHTS. LICENSEE MAY
HAVE OTHERS WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
V. CUSTOMER REMEDIES:
RN's sole liability for any breach of this warranty shall
be in RN'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, if any, 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 RN 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, whichever
is applicable. Only if Licensee informs RN of the
problem with the Software during the applicable
warranty period and provides evidence of the date
Licensee acquired the Software will RN be obligated to
honor this warranty.
VI. 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
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 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 LICENSEE.
VII. INDEMNIFICATION
Licensee represents and warrants that it will utilize the
"Selective Record" feature only for data or content for
which Licensee has obtained all necessary clearances
and permissions, or for which the owner of such data or
content has expressly granted permission to record in
writing adjacent to such data or content on the owner's
website. Licensee assumes the entire risk resulting from
its breach of this warranty and agrees 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 the Licensee
has recorded and/or transmitted materials in violation of
another party's rights.
VIII. TERMINATION:
This License Agreement shall terminate automatically if
Licensee fails to comply with the limitations described in
this license. No notice shall be required from RN to
effectuate such termination. 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
RealNetworks, 1111 Third Avenue, Suite 2900, Seattle,
Washington 98101. Licensee acknowledges that none of
the Software or underlying information or technology
may be downloaded or otherwise exported or re-
exported into (or to a national or resident of) Angola,
Cuba, Iran, Iraq, Libya, North Korea, Sudan, 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, Licensee is agreeing to the
foregoing, and is representing and warranting that it is
not located in or under the control of a national or
resident of any such country or on any such list.
X. GOVERNING LAW:
This License Agreement shall be governed by the laws
of the State of Washington, without regard to conflicts
of law provisions, and Recipient consents 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 award of the arbitrator
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.
XI. ENTIRE AGREEMENT:
This License Agreement constitutes the complete and
exclusive agreement between RN 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
License Agreement may not be modified except in a
writing duly signed by an authorized representative of
RN 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.