REALNETWORKS LICENSE AGREEMENT 
AND WARRANTY DISCLAIMER 

REDISTRIBUTION OF SOFTWARE 
NOT PERMITTED

License for RealNetworks, Inc.'s RealPlayer Product

IMPORTANT -- READ CAREFULLY: By clicking on 
the "Accept" button or by opening the sealed package(s) 
containing the RealPlayer ("Software"), You agree to be 
and are hereby bound by the terms of this License 
Agreement ("Agreement"). If you do not agree to the 
terms of this Agreement, you must promptly destroy all 
copies of the Software and accompanying 
documentation ("Documentation"). 

I. GRANT OF LICENSE: 

RealNetworks, Inc. and its suppliers and licensors 
("RN") hereby grant you a non-exclusive license to use 
the Software and Documentation subject to the 
following terms: 

You 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; and (iii) copy the Software for back-up, 
archival purposes provided any copy must contain all of 
the original Software's proprietary notices. 

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 
purposes); (iv) resell, 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. 

The Software includes certain plug-in components, 
including, but not limited to, an Active X Control, Java 
plug-in, and RA XTRA plug-in (collectively "Plug-Ins"). 
You may install and use Plug-Ins solely as part of, and 
in conjunction with, HTML in a web browser.  You may 
not use Plug-Ins in any other manner, including using 
Plug-Ins with any container application that is not a web 
browser. If you wish to use Plug-Ins in any way not 
specifically authorized in this section you must contact 
supportsdk@real.com for a separate license.

II.  SOFTWARE: 

If you receive 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 you 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 RN 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 any 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 you no rights to such content. 

IV. DISCLAIMER OF WARRANTY: 

THE SOFTWARE AND DOCUMENTATION ARE 
PROVIDED AS IS WITHOUT WARRANTY OF 
ANY KIND.  TO THE MAXIMUM EXTENT 
PERMITTED BY APPLICABLE LAW, 
REALNETWORKS 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 REALNETWORKS 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 REALNETWORKS 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 YOU.

V. TERMINATION: 

This license shall terminate automatically if you fail to 
comply with the limitations described in this Agreement.  
No notice shall be required from RN to effectuate such 
termination.  On termination you 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 
RealNetworks, 1111 Third Avenue, Suite 2900, Seattle, 
Washington 98101. You acknowledge that none of the 
Software or underlying information or technology may 
be downloaded or otherwise exported or re-exported 
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, you are agreeing to the foregoing, and are 
representing and warranting that you are not located in 
or under the control of a national 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 you consent to the exclusive 
jurisdiction of the state and federal courts sitting in the 
State of Washington. Any and all unresolved disputes 
arising under this Agreement shall be submitted to 
arbitration in the State of Washington.  The arbitration 
shall be conducted under the rules then prevailing of the 
American Arbitration Association.  The award of the 
arbitrator shall be binding and may be entered as a 
judgment in any court of competent jurisdiction. 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 RN and you 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 RN and you. 



RealPlayer 5.0 License Agreement (9-30-97)


