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82 lines
5.1 KiB
82 lines
5.1 KiB
Please read the following Agreement carefully. To accept the agreement and install
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RealAudio, select the "Accept" button at the bottom of the page. To cancel and
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not install RealAudio, select the "Exit" button.
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LICENSE AGREEMENT FOR THE REALAUDIO PLAYER
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Installation of the RealAudio Player is contingent on your (hereinafter
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"Recipient") agreement to the following terms:
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1. GRANT OF LICENSE.
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Progressive Networks, (PN) grants to Recipient a limited, non-exclusive,
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nontransferable, royalty-free license to use one copy of the executable
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code of the Product software on a single CPU residing on Recipient's
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premises. All other rights are reserved to PN. Recipient shall not rent,
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lease, sell, sublicense, assign, or otherwise transfer the Product,
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including any accompanying printed materials. Recipient may not reverse
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engineer, decompile or disassemble the Product except to the extent that
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this restriction is expressly prohibited by applicable law. PN and its
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suppliers shall retain title and all ownership rights to the Product.
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2. PRODUCT MAINTENANCE.
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PN is not obligated to provide maintenance or updates to Recipient for
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the Product. However, any maintenance or updates provided by PN shall be
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covered by this Agreement.
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3. DISCLAIMER OF WARRANTY.
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Product is deemed accepted by Recipient. The PRODUCT is provided AS IS
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WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, PROGRESSIVE NETWORKS FURTHER
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DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION
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ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK
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ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND
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DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
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PROGRESSIVE NETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY
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CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
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PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
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BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
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OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR
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THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF
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PROGRESSIVE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
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ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
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CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
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MAY NOT APPLY TO RECIPIENT.
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4. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.
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The Product is provided with RESTRICTED RIGHTS. Use, duplication, or
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disclosure by the Government is subject to restrictions as set forth in
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subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer
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Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of
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the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19,
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as applicable. Manufacturer is Progressive Networks, 616 First Avenue,
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Suite 701, Seattle, Washington 98104-2258. Recipient acknowledges that
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the Product licensed hereunder is subject to the export control laws and
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regulations of the U.S.A., and any amendments thereof. Recipient
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confirms that with respect to the Product, it will not export or
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re-export it, directly or indirectly, either to (i) any countries that
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are subject to U.S.A. export restrictions (currently including, but not
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necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia
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and Montenegro), Haiti, Iran, Iraq, Libya, North Korea, South Africa
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(military and police entities), and Syria); (ii) any end user who
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Recipient knows or has reason to know will utilize them in the design,
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development or production of nuclear, chemical or biological weapons; or
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(iii) any end user who has been prohibited from participating in
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the U.S.A. transactions by any federal agency of the U.S.A. government.
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Recipient further acknowledges that the Product may include technical
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data subject to export and re-export restrictions imposed by U.S.A. law.
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5. GOVERNING LAW; ATTORNEYS FEES.
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This Agreement shall be governed by the laws of the State of Washington
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and Recipient further consents to jurisdiction by the state and federal
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courts sitting in the State of Washington. If either PN or Recipient
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employs attorneys to enforce any rights arising out of or relating to
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this Agreement, the prevailing party shall be entitled to recover
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reasonable attorneys' fees.
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6. ENTIRE AGREEMENT.
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This Agreement constitutes the complete and exclusive agreement between
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PN and Recipient with respect to the subject matter hereof, and
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supersedes all prior oral or written understandings, communications or
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agreements not specifically incorporated herein. This Agreement may not
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be modified except in a writing duly signed by an authorized
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representative of PN and Recipient.
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