End User License Agreement for RealPlayer and RealPlayer Plus
REDISTRIBUTION NOT PERMITTED
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement ("License Agreement" or "Agreement") is a legal agreement between you (either an individual 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 replacement products thereto) which may include components provided by suppliers and licensors to RN (together defined herein as “Software”). The Software may include any Beta, trial, pre-release, free, pay and premium versions of the Software.
By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO 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 IDENTIFICATION AND OBTAINS MUSIC RELATED INFORMATION, YOU AGREE TO BE BOUND BY THE "GRACENOTE LICENSE" FOUND AT THE END OF THIS AGREEMENT.
YOU AGREE THAT BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. GRANT OF LICENSE. RN hereby grants to you a non-exclusive license to download and use the Software and any related documentation ("Documentation") subject to the terms and conditions of this Agreement, including but not limited to the following terms:
a) You 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 or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation; or (vi) use the MP3 encoder in real time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via the internet or other networks, such as, but not limited to, intranets. Any such forbidden use shall immediately terminate your license to the Software.
b) The recording, conversion, playback and download features of the Software are intended only for use with public domain or properly licensed content and content creation tools. You may require a patent, copyright, or other license from a third party to create, convert, copy, download, record or save content files for playback by this Software or to serve or distribute such files to be played back by the Software.
c) You may only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
d) You may only use the Software for your private, non-commercial use. You may not use the Software in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to songs and other audio recordings, which are downloaded, converted or copied using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.
e) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
f) Digital Rights Management Systems (“DRM’s”) are designed to manage and enforce intellectual property rights in digital content. The Software respects DRM’s and does not enable you to download from the Internet content that is protected by DRM. You may not take any action or use the Software to circumvent or 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 laws of the United States. You may not circumvent or attempt to circumvent this system by any means.
2. THIRD PARTY SORTWARE AND PLUG-INS
ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, IF AN ELECTRONIC COPY OF SUCH LICENSE AGREEMENT IS INSTALLED IN THE APPROPRIATE RN PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. REALNETWORKS IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
3. AUTOMATIC COMMUNICATIONS FEATURES.
a) The Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By installing and/or using the Software, you consent to the Software's communications features. Once you log into the Software, user information including your user id will be sent in communications with RN's servers. This information is used to access your regular account, premium content, non-premium content, services, features, and other personalized services. RN may match the user id to personally identifiable information in order to provide you with products, services, and software that you're entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.
b) AutoUpdate: The RealPlayer, using AutoUpdate, automatically communicates with RN's servers on the Internet to check for updates to RN's and RN partner's software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. AutoUpdate also has the capability to run independently of RealPlayer to perform background update checks. RN may download updates during the background checks, when RealPlayer automatically communicates with RN's servers, when you manually check for updates, or when RealPlayer detects a file it does not support. AutoUpdate sends information about installed RealNetworks' products and components to the servers to determine upgrade availability. If you prefer to be notified when an auto-update is performed, follow these steps: On the 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, automatically communicates with RN's servers to check for new important messages, including software updates and service bulletins. Message Center can also run independently of RealPlayer to perform background message checks. Message Center sends information about installed RealNetworks' products and components to the servers to determine relevant software update messages. Message Center is set by default to check for messages once or twice a week and to display the headline portion of such messages when they arrive. You can change the way Message Center displays messages and the frequency with which it checks for new ones by following these steps: on the View menu, select 'Message Center', then within Message Center, select 'Options', select 'Preferences' and set your desired preferences. If you sign up for message topics that necessitate a greater frequency than you previously selected, your frequency setting may be adjusted to accommodate your topic choices.
4. SCHEDULER. An application Scheduler, known as "realsched.exe," is installed along with RealPlayer. Once installed, it runs independently of RealPlayer. The Scheduler does not collect personal information or communicate with RealNetworks' servers. It is used to remind AutoUpdate, Message Center and the Watch Folders feature to perform their tasks at pre-scheduled intervals. Scheduler also watches for and alerts RealPlayer to connection and disconnection of portable devices. You can control these activities via the “Automatic Services” section of the Preferences dialog.
5. WINDOWS MEDIA DIGITAL RIGHTS MANAGEMENT. Secure content owners may be using the Microsoft digital rights management technology for Windows Media distributed with this software ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this software and other third party applications use WM-DRM to play Secure Content ("WM-DRM Software"). If the WM-DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this software ("WM-DRM Upgrades") before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask 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 able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off. When these features are switched off, you will still be able to play Secure Content if you have a valid license for such content already stored on your computer.
6. 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.
7. WARRANTIES AND LIABILITIES.
(a) For the Pay and Premium versions of the Software, the following terms apply:
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 your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
(i) No Other Warranties. 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 MERCHANTABILITY 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 you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate 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 YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(ii) Customer Remedies. RN's sole liability for a breach of this warranty shall be in RN's sole discretion: (i) to replace your defective media; or (ii) to advise you 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, you 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 you the repaired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation, whichever is applicable. Only if you inform RN of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will RN be obligated to honor this warranty.
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 YOU 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 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 EXTENT PERMITTED BY APPLICABLE LAW, RN 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 SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, 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 SOFTWARE EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RN's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FORTY DOLLARS ($40.00). 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 YOU. RN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH THE SOFTWARE.
8. INDEMNIFICATION. This Software is intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress, convert, or download such media and content. You agree to record, convert, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree 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 you have (i) viewed, downloaded, encoded, converted, compressed, copied or transmitted any materials (other than materials provided by RN) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement. If you are importing the Software from the United States, you shall indemnify and hold RN harmless from and against any import and export duties or other claims arising from such importation.
9. TERMINATION. This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from RN to effect such termination. You may also terminate this License Agreement at any time by notifying RN in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall within three (3) days return to RN, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by RN. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
10. NO ASSIGNMENT. This Agreement is personal to you, and may not be assigned without RN's express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If RN does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, RN may terminate this Agreement on thirty (30) days' written notice. Both parties shall perform under this Agreement until such termination is effective.
11. TECHNICAL SUPPORT. Technical support for the Software, as made available by RN, is described at RN's technical support website: http://service.real.com/realplayer.
a) Arbitration & Jurisdiction. You and RN agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Software, or your use of the Software shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in the State of Washington. To the fullest extent permitted by law: no arbitration under this License Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of RN; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and RN); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and RN). You and RN must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.). Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules with the remainder paid by RN. If such costs are determined to be excessive, RN will pay all arbitration fees and arbitrator compensation. You and RN may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and RN hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington to enforce the provisions of this Section 16 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement, or the Software. The court, not the arbitrator, shall determine the enforceability of the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or the Software shall be governed by the laws of the State of Washington and the Federal Arbitration Act.
b) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by RN or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of RN. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This 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.
Copyright (c) 1995-2011 RealNetworks, Inc. and/or its suppliers and licensors. 2601 Elliott Ave., Suite 1000, Seattle, Washington 98121 U.S.A. All rights reserved. RealPlayer, RealNetworks, RealPlayer Plus, are registered trademarks or trademarks of RealNetworks, Inc.
Last modified: November 15, 2011
This 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 obtain music-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 Data only by means of the intended End-User functions of this application or device.
You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.
The Gracenote Software and each item of Gracenote Data are licensed to you AS IS. 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 to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
(R)Gracenote, Inc. 2009
Last modified: July 17, 2010