LICENSE AGREEMENT FOR THE REALPLAYER 


IMPORTANT -- READ CAREFULLY: By clicking 
on the Next button or by opening the sealed 
packet(s) to make and utilize copies of the 
RealPlayer and accompanying software 
("Software") Licensee agrees to be and is hereby bound 
by the terms of this License Agreement ("Agreement").  
If Licensee does not agree to the terms of this 
Agreement, Licensee must promptly destroy all 
copies of the Software and accompanying 
documentation ("Documentation") and obtain a full 
refund of any fees paid from Progressive Networks Inc. 

I. GRANT OF LICENSE: 

Progressive Networks Inc. ("PN") hereby grants to 
Licensee a non-exclusive license to use the 
Software and Documentation subject to the following 
terms: 

Licensee may: (i) use the Software on any single 
computer; (ii) use the Software on a second 
computer so long as the first and second 
computers are not used simultaneously; (iii) copy 
the Software for back-up, archival purposes provided any 
copy must contain all of the original Software's 
proprietary notices. 

Licensee 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 purposes); (iv) 
rent, lease, transfer, or otherwise transfer rights to the 
Software or Documentation; or (v) remove any 
proprietary notices or labels on the Software or 
Documentation. 

II.  SOFTWARE: 

If Licensee receives the first copy of the Software 
electronically and a second copy on media the 
second copy may be used for archival purposes 
only and may not be transferred to or used by any other 
person.  This license does not grant Licensee any 
right to any enhancement or update. 

III. TITLE: 

Title, ownership, rights, and intellectual property 
rights in and to the Software and Documentation 
shall remain in PN and/or its suppliers. The 
Software is protected by the copyright laws of the 
United States and international copyright treaties.  
Title, ownership rights and intellectual property 
rights in and to the content accessed through the 
Software including the content contained in the 
Software media demonstration files is the property 
of the applicable content owner and may be 
protected by applicable copyright or other law. This 
license gives Licensee no rights to such content. 

IV. 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.

V. TERMINATION: 

This license shall terminate automatically if 
Licensee fails to comply with the limitations 
described in this license.  No notice shall be required
from PN to effectuate such termination.  On termination 
Licensee must destroy all copies of the Software and 
Documentation. 

VI. U.S. GOVERNMENT RESTRICTED RIGHTS 
AND EXPORT RESTRICTIONS: 

The Software 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 1111 Third Avenue Suite 2900
Seattle Washington 98101. Licensee acknowledges that 
none of the Software or underlying information or 
technology may be download or otherwise exported or 
re-exported (i) into (or to a national or resident of) 
Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, 
Syria, or any other country to which the U.S. has 
embargoed goods; or anyone on the U.S. Treasury 
Department's list of Specially Designated Nationals or 
the U.S. Commerce Department's Table of Denial 
Orders.  By using the Software Licensee is agreeing to 
the foregoing and is representing and warranting 
that it is not located in under the control of a 
national or resident or resident of any such country 
or on any such list.

VII. GOVERNING LAW: 

This License Agreement shall be governed by the laws
of the State of Washington without regard to 
conflicts of law provisions and Recipient consents 
to the exclusive jurisdiction of the state and federal
courts sitting in the State of Washington. This 
License 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. 

VIII. ENTIRE AGREEMENT: 

This agreement constitutes the complete and 
exclusive agreement between PN and Licensee 
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 Licensee. 



