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- Please read the following Agreement carefully. To accept the agreement and install
- RealAudio, select the "Accept" button at the bottom of the page. To cancel and
- not install RealAudio, select the "Exit" button.
-
- LICENSE AGREEMENT FOR THE REALAUDIO PLAYER
-
- Installation of the RealAudio Player is contingent on your (hereinafter
- "Recipient") agreement to the following terms:
-
- 1. GRANT OF LICENSE.
- Progressive Networks, (PN) grants to Recipient a limited, non-exclusive,
- nontransferable, royalty-free license to use two copies of the executable
- code of the Product software on two CPU residing on Recipient's
- premises, provided they are not used simultaneously. All other rights are
- reserved to PN. Recipient shall not rent, lease, sell, sublicense, assign,
- or otherwise transfer the Product, including any accompanying printed
- materials. Recipient may not reverse engineer, decompile or disassemble
- the Product except to the extent that this restriction is expressly
- prohibited by applicable law. PN and its suppliers shall retain title and
- all ownership rights to the Product.
- 2. PRODUCT MAINTENANCE.
- PN is not obligated to provide maintenance or updates to Recipient for
- the Product. However, any maintenance or updates provided by PN shall be
- covered by this Agreement.
- 3. DISCLAIMER OF WARRANTY.
- Product is deemed accepted by Recipient. The PRODUCT is provided AS IS
- WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW, PROGRESSIVE NETWORKS 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 PRODUCT AND
- DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM
- EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
- PROGRESSIVE NETWORKS 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
- PROGRESSIVE NETWORKS 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 RECIPIENT.
- 4. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.
- The Product 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, 616 First Avenue,
- Suite 701, Seattle, Washington 98104-2258. Recipient acknowledges that
- the Product licensed hereunder is subject to the export control laws and
- regulations of the U.S.A., and any amendments thereof. Recipient
- confirms that with respect to the Product, it will not export or
- re-export it, directly or indirectly, either to (i) any countries that
- are subject to U.S.A. export restrictions (currently including, but not
- necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia
- and Montenegro), Haiti, Iran, Iraq, Libya, North Korea, South Africa
- (military and police entities), and Syria); (ii) any end user who
- Recipient knows or has reason to know will utilize them in the design,
- development or production of nuclear, chemical or biological weapons; or
- (iii) any end user who has been prohibited from participating in
- the U.S.A. transactions by any federal agency of the U.S.A. government.
- Recipient further acknowledges that the Product may include technical
- data subject to export and re-export restrictions imposed by U.S.A. law.
- 5. GOVERNING LAW; ATTORNEYS FEES.
- This Agreement shall be governed by the laws of the State of Washington
- and Recipient further consents to jurisdiction by the state and federal
- courts sitting in the State of Washington. If either PN or Recipient
- 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.
- 6. ENTIRE AGREEMENT.
- This Agreement constitutes the complete and exclusive agreement between
- PN and Recipient 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 Recipient.
-
-