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  1. 1. REALNETWORKS, INC.END USER LICENSE AGREEMENT FOR REALPLAYER AND REALPLAYER PLUSREDISTRIBUTION NOT PERMITTEDIMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement("License Agreement" or "Agreement") is a legal agreement between you (either anindividual or an entity) and RealNetworks, Inc. and its suppliers and licensors(collectively "RN" or "RealNetworks") governing your use of RealNetworks’RealPlayer and RealPlayer Plus software (and any successor and replacementproducts thereto) which may include components provided by suppliers andlicensors to RN (together defined herein as "Software"). The Software mayinclude any Beta, trial, pre-release, free, pay and premium versions of theSoftware.By clicking on the "Accept" button, installing, copying or otherwise using theSoftware, you agree to be bound by the terms of this License Agreement. IF YOUDO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL"BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.FOR YOUR USE OF THE FUNCTIONALITY WHICH ENABLES MUSIC TRACK / CD IDENTIFICATIONAND OBTAINS MUSIC RELATED INFORMATION, YOU AGREE TO BE BOUND BY THE "GRACENOTELICENSE" FOUND AT THE END OF THIS AGREEMENT.RN USE OF PERSONAL INFORMATION YOU PROVIDE TO REALNETWORKS AND USAGE DATA ISGOVERNED BY THE REALNETWORKS PRIVACY POLICY AThttp://www.realnetworks.com/company/privacy/index.htmlYOU AGREE THAT BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THISLICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS ANDCONDITIONS.1. GRANT OF LICENSE. RN hereby grants to you a non-exclusive license todownload and use the Software and any related documentation ("Documentation")subject to the terms and conditions of this Agreement, including but not limitedto the following terms:a) You may not: (i) permit other individuals to use the Software except underthe terms listed above; (ii) modify, translate, reverse engineer, decompile,disassemble (except to the extent that this restriction is expressly prohibitedby law) or create derivative works based upon the Software or Documentation;(iii) copy the Software or Documentation (except for back-up or archivalpurposes); (iv) rent, lease, transfer, or otherwise transfer rights to theSoftware or Documentation; (v) remove any proprietary notices or labels on theSoftware or Documentation; or (vi) use the MP3 encoder in real time broadcasting(terrestrial, satellite, cable or other media) or broadcasting via the internetor other networks, such as, but not limited to, intranets. Any such forbiddenuse shall immediately terminate your license to the Software.b) The recording, conversion, playback and download features of the Software areintended only for use with public domain or properly licensed content andcontent creation tools. You may require a patent, copyright, or other licensefrom a third party to create, convert, copy, download, record or save contentfiles for playback by this Software or to serve or distribute such files to beplayed back by the Software.c) You may only use the Software and Documentation in a manner that complieswith all applicable laws in the jurisdictions in which you use the Software andDocumentation, including, but not limited to, applicable restrictions concerningcopyright and other intellectual property rights.d) You may only use the Software for your private, non-commercial use. You maynot use the Software in any way to provide, or as part of, any commercial
  2. 2. 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 ("DRM’s") are designed to manage andenforce intellectual property rights in digital content. The Software respectsDRM’s 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
  3. 3. software updates and service bulletins. Message Center can also runindependently of RealPlayer to perform background message checks. Message Centersends information about installed RealNetworks products and components to theservers to determine relevant software update messages. Message Center is set bydefault to check for messages once or twice a week and to display the headlineportion of such messages when they arrive. You can change the way MessageCenter displays messages and the frequency with which it checks for new ones byfollowing these steps: on the View menu, select Message Center, then withinMessage Center, select Options, select Preferences and set your desiredpreferences. If you sign up for message topics that necessitate a greaterfrequency than you previously selected, your frequency setting may be adjustedto accommodate your topic choices.d) Cookies: The Software also allows the use of cookies, similar to an Internetbrowser. This allows any website to set cookies for you when you view any ofthe websites content through the Software, unless you have disabled cookies. Ifyou have disabled cookies, you may be asked to login each time you accesspremium software features and services and some Real services may not functionproperly. To learn more, visit the RealNetworks Privacy Policy link on ourwebsite at http://www.realnetworks.com/company/privacy/index.html.4. SCHEDULER. An application Scheduler, known as "realsched.exe," is installedalong with RealPlayer. Once installed, it runs independently of RealPlayer. TheScheduler does not collect personal information or communicate withRealNetworks servers. It is used to remind AutoUpdate, Message Center and theWatch Folders feature to perform their tasks at pre-scheduled intervals.Scheduler also watches for and alerts RealPlayer to connection and disconnectionof portable devices. You can control these activities via the "AutomaticServices" section of the Preferences dialog.5. WINDOWS MEDIA DIGITAL RIGHTS MANAGEMENT. Secure content owners may be usingthe Microsoft digital rights management technology for Windows Media distributedwith this software ("WM-DRM") to protect the integrity of their content ("SecureContent") so that their intellectual property, including copyright, in suchcontent is not misappropriated. Portions of this software and other third partyapplications use WM-DRM to play Secure Content ("WM-DRM Software"). If the WM-DRM Softwares security has been compromised, owners of Secure Content ("SecureContent Owners") may request that Microsoft revoke the WM-DRM Softwares rightto copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Softwares ability to play unprotected content. A list of revoked WM-DRMSoftware is sent to your computer whenever you download a license for SecureContent from the Internet. Microsoft may, in conjunction with such license,also download revocation lists onto your computer on behalf of Secure ContentOwners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this software ("WM-DRM Upgrades") beforeaccessing their content. When you attempt to play such content, WM-DRM Softwarebuilt by Microsoft will notify you that a WM-DRM Upgrade is required and thenask for your consent before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do the same. If you decline the upgrade, you will not be ableto access content that requires the WM-DRM Upgrade; however, you will still beable to access unprotected content and Secure Content that does not require theupgrade. WM-DRM features that access the Internet, such as acquiring newlicenses and/or performing a required WM-DRM Upgrade, can be switched off. Whenthese features are switched off, you will still be able to play Secure Contentif you have a valid license for such content already stored on your computer.6. TITLE. Title, ownership, rights, and intellectual property rights in and tothe Software and Documentation shall remain in RN and/or its suppliers. TheSoftware is protected by the copyright laws of the United States andinternational copyright treaties.7. WARRANTIES AND LIABILITIES.(a) For the Pay and Premium versions of the Software, the following terms apply:
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. restrictions. If your license terminates, you agree to cease any and all use ofthe Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenotereserves all rights in Gracenote Data, the Gracenote Software, and the GracenoteServers, including all ownership rights. Under no circumstances will Gracenotebecome liable for any payment to you for any information that you provide. Youagree that Gracenote, Inc. may enforce its rights under this Agreement againstyou directly in its own name.The Gracenote service uses a unique identifier to track queries for statisticalpurposes. The purpose of a randomly assigned numeric identifier is to allow theGracenote service to count queries without knowing anything about who you are.For more information, see the web page for the Gracenote Privacy Policy for theGracenote service.The Gracenote Software and each item of Gracenote Data are licensed to you ASIS. Gracenote makes no representations or warranties, express or implied,regarding the accuracy of any Gracenote Data from in the Gracenote Servers.Gracenote reserves the right to delete data from the Gracenote Servers or tochange data categories for any cause that Gracenote deems sufficient. Nowarranty is made that the Gracenote Software or Gracenote Servers are error-freeor that functioning of Gracenote Software or Gracenote Servers will beuninterrupted. Gracenote is not obligated to provide you with new enhanced oradditional data types or categories that Gracenote may provide in the future andis free to discontinue its services at any time.GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTSTHAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTESERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTALDAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.(R)Gracenote, Inc. 2009Last modified: July 17, 2010

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