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service or application. Copies of content files, including, but not limited tosongs and other audio recordings, which are downloaded, converted or copiedusing the Software, and which are protected by the copyright laws or relatedlaws of any jurisdiction, are for your own personal use only and may not bedistributed to third parties or performed outside your normal circle of familyand social acquaintances.e) You may not use the Software in an attempt to, or in conjunction with, anydevice, program or service designed to circumvent technological measuresemployed to control access to, or the rights in, a content file or other workprotected by the copyright laws of any jurisdiction.f) Digital Rights Management Systems ("DRMs") are designed to manage andenforce intellectual property rights in digital content. The Software respectsDRMs and does not enable you to download from the Internet content that isprotected by DRM. You may not take any action or use the Software to circumventor defeat the security or content usage rules (including copy prevention)provided or enforced by DRM.g) The Software embodies a serial copying management system required by the lawsof the United States. You may not circumvent or attempt to circumvent thissystem by any means.2. THIRD PARTY SORTWARE AND PLUG-INSANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTYS PLUG-IN, THAT MAY BEPROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TOUSE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRDPARTYS LICENSE AGREEMENT, IF AN ELECTRONIC COPY OF SUCH LICENSE AGREEMENT ISINSTALLED IN THE APPROPRIATE RN PRODUCT FOLDER ON YOUR COMPUTER UPONINSTALLATION OF THE SOFTWARE. REALNETWORKS IS NOT RESPONSIBLE FOR ANY THIRDPARTYS SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTYSOFTWARE.3. AUTOMATIC COMMUNICATIONS FEATURES.a) The Software consists of interactive Internet applications that perform avariety of communications over the Internet as part of their normal operation.A number of communications features are automatic and are enabled by default. Byinstalling and/or using the Software, you consent to the Softwarescommunications features. Once you log into the Software, user informationincluding your user id will be sent in communications with RNs servers. Thisinformation is used to access your regular account, premium content, non-premiumcontent, services, features, and other personalized services. RN may match theuser id to personally identifiable information in order to provide you withproducts, services, and software that youre entitled to and to provide you withrelevant information. You are responsible for any telecommunications or otherconnectivity charges incurred through use of the Software.b) AutoUpdate: The RealPlayer, using AutoUpdate, automatically communicates withRNs servers on the Internet to check for updates to RNs and RN partnerssoftware, such as bug fixes, patches, enhanced functions, missing plug-ins andnew versions. AutoUpdate also has the capability to run independently ofRealPlayer to perform background update checks. RN may download updates duringthe background checks, when RealPlayer automatically communicates with RNsservers, when you manually check for updates, or when RealPlayer detects a fileit does not support. AutoUpdate sends information about installed RealNetworksproducts and components to the servers to determine upgrade availability. If youprefer to be notified when an auto-update is performed, follow these steps: Onthe Preferences menu, select Automatic Services, AutoUpdate, and then de-select"Automatically download and install software updates."c) Message Center: The RealPlayer software, using Message Center, automaticallycommunicates with RNs servers to check for new important messages, including
LIMITED WARRANTY. RN warrants that for a period of ninety (90) days from thedate of acquisition the Software, if operated as directed, will substantiallyachieve the functionality described in the Documentation. RN does not warranthowever that your use of the Software will be uninterrupted or that theoperation of the Software will be error-free or secure.(i) No Other Warranties. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW RN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHEREXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THESOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. Ifany modifications are made to the Software by you during the warranty period; ifthe media is subjected to accident abuse or improper use; or if you violate theterms of this License Agreement, this warranty shall immediately terminate.This warranty shall not apply if the Software is used on or in conjunction withhardware or Software other than the unmodified version of hardware and Softwarewith which the Software was designed to be used as described in theDocumentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAYHAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.(ii) Customer Remedies. RNs sole liability for a breach of this warranty shallbe in RNs sole discretion: (i) to replace your defective media; or (ii) toadvise you how to achieve substantially the same functionality with the Softwareas described in the Documentation through a procedure different from that setforth in the Documentation; or (iii) if the above remedies are impracticable, torefund the license fee, if any, you paid for the Software. Repaired, correctedor replaced Software and Documentation shall be covered by this limited warrantyfor the period remaining under the warranty that covered the original Softwareor if longer for thirty (30) days after the date RN either shipped to you therepaired or replaced Software or advised you as to how to operate the Softwareso as to achieve the functionality described in the Documentation, whichever isapplicable. Only if you inform RN of the problem with the Software during theapplicable warranty period and provide evidence of the date you acquired theSoftware will RN be obligated to honor this warranty.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYWHETHER IN TORT CONTRACT OR OTHERWISE SHALL RN OR ITS SUPPLIERS OR RESELLERS BELIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FORLOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALLOTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF RN SHALL HAVE BEEN INFORMED OF THEPOSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NOEVENT SHALL RNS LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THELICENSE FEE PAID TO RN FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOMESTATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.(b) For the Free, Trial, Pre-Release, Alpha, and Beta versions of the Software,the following terms apply:DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE AND DOCUMENTATION,ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, RN FURTHER DISCLAIMS ALL WARRANTIES, INCLUDINGWITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USEOR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RN BE LIABLE FORANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGESWHATSOEVER (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 SOFTWAREEVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RNs TOTAL
LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FORTY DOLLARS ($40.00).BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOTAPPLY TO YOU. RN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BYOR THROUGH THE SOFTWARE.8. INDEMNIFICATION. This Software is intended for use only with properlylicensed media, content, and content creation tools. It is your responsibilityto ascertain whether any copyright, patent or other licenses are necessary andto obtain any such licenses to serve and/or create, compress, convert, ordownload such media and content. You agree to record, convert, play back anddownload only those materials for which you have the necessary patent, copyrightand other permissions, licenses, and/or clearances. You agree to hold harmless,indemnify and defend RN, its officers, directors and employees, from and againstany losses, damages, fines and expenses (including attorneys fees and costs)arising out of or relating to any claims that you have (i) viewed, downloaded,encoded, converted, compressed, copied or transmitted any materials (other thanmaterials provided by RN) in connection with the Software in violation ofanother partys rights or in violation of any law, or (ii) violated any terms ofthis License Agreement. If you are importing the Software from the UnitedStates, you shall indemnify and hold RN harmless from and against any import andexport duties or other claims arising from such importation.9. TERMINATION. This License Agreement will automatically terminate if you failto comply with any term hereof. No notice shall be required from RN to effectsuch termination. You may also terminate this License Agreement at any time bynotifying RN in writing of termination. Upon any termination of this LicenseAgreement, you shall immediately discontinue use of the Software and shallwithin three (3) days return to RN, or certify destruction of, all full orpartial copies of the Software, documentation and related materials provided byRN. Your obligation to pay accrued charges and fees shall survive anytermination of this License Agreement.10. NO ASSIGNMENT. This Agreement is personal to you, and may not be assignedwithout RNs express written consent. In the event that you are an entity thatmerges with another entity or are acquired by another entity during the Term,you shall provide written notice of such merger or acquisition not later thanthe date on which any public announcement is made. If RN does not consent toassignment of this Agreement to the new or acquiring entity in such merger oracquisition, RN may terminate this Agreement on thirty (30) days writtennotice. Both parties shall perform under this Agreement until such terminationis effective.11. TECHNICAL SUPPORT. Technical support for the Software, as made available byRN, is described at RNs technical support website:http://service.real.com/realplayer.12. IMPORTANT--MISCELLANEOUS.a) Arbitration & Jurisdiction. You and RN agree that the exclusive remedy forall disputes and claims relating in any way to, or arising out of, thisAgreement, the Software, or your use of the Software shall be final and bindingarbitration. The arbitration shall be conducted under the CommercialArbitration Rules of the American Arbitration Association ("AAA") and AAAsSupplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules").The arbitration shall take place in the State of Washington. To the fullestextent permitted by law: no arbitration under this License Agreement shall bejoined to any other arbitration, including any arbitration involving any othercurrent or former licensee of RN; no class arbitration proceedings shall bepermitted; no finding or stipulation of fact in any other arbitration, judicialor similar proceeding may be given preclusive or collateral estoppel effect inany arbitration hereunder (unless determined in another proceeding between youand RN); and no conclusion of law in any other arbitration may be given anyweight in any arbitration hereunder (unless determined in another proceeding
between you and RN). You and RN must commence an arbitration by filing a demandfor arbitration with the AAA within ONE (1) YEAR after the date the partyasserting the claim first knows or reasonably should know of the act, omissionor default giving rise to the claim; and there shall be no right to any remedyfor any claim not asserted within that time period (If applicable law prohibitsa one-year limitations period for asserting claims, the claim must be assertedwithin the shortest time period in excess of one year that is permitted byapplicable law.). Your arbitration fees and your share of arbitratorcompensation will be limited to those set forth in the AAAs Consumer Rules withthe remainder paid by RN. If such costs are determined to be excessive, RN willpay all arbitration fees and arbitrator compensation. You and RN may litigatein court only to compel arbitration under this Agreement, stay proceedingspending arbitration, or to confirm, modify, vacate or enter judgment on theaward rendered by the arbitrator(s). You and RN hereby consent to the exclusivejurisdiction of the state and federal courts sitting in the State of Washingtonto enforce the provisions of this Section 16 and to resolve any disputes andclaims cognizable in court relating in any way, or arising out of, thisAgreement, or the Software. The court, not the arbitrator, shall determine theenforceability of the arbitration agreements contained herein, including theprohibition on consolidated arbitrations and class arbitration. This Agreementand all disputes and claims relating in any way to, or arising out of, thisAgreement or the Software shall be governed by the laws of the State ofWashington and the Federal Arbitration Act.b) Complete Agreement. This Agreement shall constitute the complete andexclusive agreement between us, notwithstanding any variance with any purchaseorder or other written instrument submitted by you, whether formally rejected byRN or not. The acceptance of any purchase order you place is expressly madeconditional on your consent to the terms set forth herein. The terms andconditions contained in this Agreement may not be modified by you except in awriting duly signed by you and an authorized representative of RN. If anyprovision of this Agreement is held to be unenforceable for any reason, suchprovision shall be reformed only to the extent necessary to make it enforceable,and such decision shall not affect the enforceability of such provision underother circumstances, or of the remaining provisions hereof under allcircumstances. This Agreement will not be governed by the United NationsConvention of Contracts for the International Sale of Goods, the application ofwhich is hereby expressly excluded.Copyright (c) 1995-2011 RealNetworks, Inc. and/or its suppliers and licensors.2601 Elliott Ave., Suite 1000, Seattle, Washington 98121 U.S.A. All rightsreserved. RealPlayer, RealNetworks, RealPlayer Plus, are registered trademarksor trademarks of RealNetworks, Inc.Last modified: November 15, 2011GRACENOTE LICENSEThis application or device contains software from Gracenote, Inc. of Emeryville,California (Gracenote). The software from Gracenote (the Gracenote Software)enables this application to perform disc and/or file identification and obtainmusic-related information, including name, artist, track, and title information(Gracenote Data) from online servers or embedded databases (collectively,Gracenote Servers) and to perform other functions. You may use Gracenote Dataonly by means of the intended End-User functions of this application or device.You agree that you will use Gracenote Data, the Gracenote Software, andGracenote Servers for your own personal non-commercial use only. You agree notto assign, copy, transfer or transmit the Gracenote Software or any GracenoteData to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THEGRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.You agree that your non-exclusive license to use the Gracenote Data, theGracenote Software, and Gracenote Servers will terminate if you violate these