REALNETWORKS, INC.
END USER LICENSE AGREEMENT
REALNETWORKS PRODUCTS AND SERVICES, AND TERMS AND CONDITIONS GOVERNING THIRD PARTY SOFTWARE

REDISTRIBUTION NOT PERMITTED

License for RealNetworks Products and Services

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement for certain RealNetworks Products and Services ("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") for: the RealNetworks software which may include components provided by suppliers and licensors to RN ("Software") and/or RealNetworks services ("Services").  The Software may include any of the following RealNetworks products including any combination of such products and Alpha, Beta, trial, pre-release, free, pay and premium versions of the products (collectively, "RN Products"): RealPlayer, RealPlayer Plus, RealJukebox and RealPlayer for Pocket PC.  You may install only ONE copy of the Software.  The Services may include RN's Real Services.  The Services include product upgrades, support and access to content as described.  You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized credit card on file with RealNetworks, or if you are in the trial period of the Services.  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.  NOTE:  THIS DOCUMENT ALSO CONTAINS TERMS AND CONDITIONS GOVERNING THIRD PARTY SOFTWARE YOU MAY CHOOSE TO INSTALL.  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 REAL SERVICES, YOU AGREE TO BE BOUND BY THE "TERMS OF SERVICE" ATTACHED HERETO AS EXHIBIT A.  

PERSONAL INFORMATION YOU PROVIDE TO REALNETWORKS IS GOVERNED BY THE REALNETWORKS PRIVACY POLICY AT http://www.realnetworks.com/company/privacy/index.html

YOU AGREE THAT YOUR USE OF THE SOFTWARE AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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.

1.  GRANT OF LICENSE.  RN hereby grants to you a non-exclusive license to use the Software and any related documentation ("Documentation") subject to the following terms: 

a)  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 and archival purposes, provided any copy must contain all of the original Software's proprietary notices. 

b)  The Software may include certain plug-in components ("Plug-Ins"), including the ActiveX Control, Java plug-in, and RA XTRA plug-in.  You may only call to or otherwise use such Plug-Ins through the use of the realplay, rcansplg.so.6.0, rpnp.so, rpnphelper, rcaembed.so.6.0, rcacore.so.6.0, realplay.exe, nppl3260.dll, rmoc3260.dll, embd3260.dll, rpcl3260.zip, tpasdk.dll, teasdk.dll, tsystray.exe, teamp3.dll, tsasdk.dll, security.dll, or tpdmgr.dll applications.  Any direct use of Plug-Ins through a non-RN proprietary application, including a custom or user-written application is prohibited by this Agreement.  

c)  RN may modify this License Agreement with respect to free versions of the Software upon 14 days written notice to you, including notice via the communications features described below.

2.  LICENSE RESTRICTIONS.

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.  You also may not use the RealJukebox MP3 encoder in pay-audio or audio-on-demand applications.  Any such forbidden use shall immediately terminate your license to the Software.  The recording, 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, 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.

b)  You agree that you shall 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.  

c)  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 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.  

d)  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.

e)  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.

3.  COPIES OF SOFTWARE AND ENHANCEMENTS.  If you receive the first copy of the Software electronically and a second copy on physical media (e.g., CD, diskette, etc.), 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. 

4.  ALPHA RELEASE VERSIONS.  In the event that the Software is an alpha release version, the terms of this Section shall apply.  Your license to use the Software expires 45 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the RN Product that RN intends to distribute.  While RN intends to distribute a commercial release of the Software, RN reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.  You agree that the alpha release versions are not suitable for production use and may contain errors affecting their proper operation.  You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.

5.  BETA RELEASE OR PRE-RELEASE VERSIONS.  In the event that the Software is a beta release or pre-release version, the terms of this Section shall apply.  Your license to use the Software expires 120 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the RN Product that RN intends to distribute.  While RN intends to distribute a commercial release of the Software, RN reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.  You agree that the beta release or pre-release versions are not suitable for production use and may contain errors affecting their proper operation.  You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.

6.  FIREWALL CONFIGURATION. The Software configures certain firewall applications such that the user is not alerted when the Software requests or receives data necessary for playback of content over the UDP protocol.

7.  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)  Cookies: The Software also allows the use of cookies, similar to an Internet browser.  This allows any website to set cookies for you when you view any of the website's content through the Software, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access premium software features and services and some Real services may not function properly. To learn more, visit the RealNetworks Privacy Policy link on our website at http://www.realnetworks.com/company/privacy/index.html.  

c)  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 Tools menu, select Preferences, AutoUpdate, and then de-select "Automatically download and install software updates."  

d)  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. 

e)  Secure Content Consumption: The RealPlayer client may be required to send statistical data to servers regarding the consumption by an end user of content secured using the digital rights management technology contained in this Software to protect the integrity of the content ("Secure Content"). This communication serves to enable the content provider to calculate usage-based royalty amounts needing to be paid to owners of such Secure Content ("Secure Content Owners").

8.  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, located under the Tools menu.

9.  DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").  

a)  The Software includes a DRM called the RealSystem Media Commerce Update Software ("Media Commerce Software") and may include third party DRMs as Plug-in components, which are subject to their own license agreements.  DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Software.  DRMs may be able to revoke your ability to use applicable content.  RN is not responsible for the operation of third party DRM in any way, including revocation of your content. RN is not responsible for any communications to or from any third party DRM provider, or for the collection or use of information by third party DRMs.  You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice, despite the provisions of AutoUpdate defined in Section 6(c).  You agree to indemnify and hold harmless RN for any claim relating to your use of a third party DRM.

b)  Content providers are using the digital rights management technology contained in this Software to protect the integrity of their Secure Content so that their intellectual property, including copyright, in such content is not misappropriated.  Secure Content Owners may, from time to time, request RN or its suppliers to provide security related updates to the DRM components of the Software ("Security Updates") that may affect your ability to copy, display and/or utilize the Software.  You therefore agree that, if you elect to download a license from the Internet which enables your use of Secure Content, RN or its suppliers may, in conjunction with such license, also download onto your computer such Security Updates that a Secure Content Owner has requested that RN or its suppliers distribute.  Unless notification is provided to you, RN and its suppliers will not retrieve any personally identifiable information, or other information, from your computer by downloading such Security Updates.

c)  The Media Commerce Software allows you to receive and playback content that has been digitally secured by a content provider. The Media Commerce Software interacts with your computer in the following ways: 

1.  Hardware information: In order to download the appropriate software, RealPlayer must send certain anonymous information about the hardware on your computer to the RealNetworks download server.  Once the software is installed, information about your hardware will not be stored on any server.  Hardware information will also be sent for content passes, as described below. 

2.  Content passes: When obtaining passes for playback of content (such as a music or video file) in RealPlayer, information about your specific Media Commerce Software installation and hardware will be sent to the content provider for inclusion in the pass.  This installation and hardware information will be scrambled a different way each time it is sent, usable only for inclusion in your pass. 

3.  Personal information: Media Commerce Software will not associate itself with any personal information in RealPlayer or anywhere else on your computer.  RealNetworks' use of any personal information is governed by the RealNetworks privacy policy (http://www.realnetworks.com/company/privacy/index.html).  RealNetworks does not share with third parties any personal information you provide in connection with our products without first obtaining your informed consent. 

4.  Financial information: Media Commerce Software does not interact with the process of secure financial transactions, e.g. credit card transactions.  These transactions are handled by the website providing the content and are governed by that party's privacy policy. 

5.  Usage information: RealNetworks may keep statistics on the aggregated anonymous use of the Media Commerce Software.  However, content partners using the Media Commerce Software will not provide RealNetworks with information on specific content for which an individual user obtains passes.

d)  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.

10.  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 and the Services are 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 and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law.  This license gives you no rights to such Content.

11.  WARRANTIES AND LIABILITIES.

(a)  For the Pay and Premium versions of RN Products, 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.  RN also warrants that the media containing the Software, if provided by RN, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquire the Software. 

(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 RN Products, the Services and the Content, the following terms apply:  

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.  THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT 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, DOCUMENTATION, SERVICES AND CONTENT 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, THE SERVICES OR THE CONTENT, EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RN's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).  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 RN.

12.  INDEMNIFICATION.  This Software and the Services are 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 or download such media and content.  You agree to record, 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, 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.

13.  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.

14.  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.

15.  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.

16.  U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.  U.S. GOVERNMENT RESTRICTED RIGHTS:  This Software and documentation are provided with RESTRICTED RIGHTS.  Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable.  Manufacturer is RealNetworks, Inc./2601 Elliott, Suite 1000/Seattle, Washington 98121.  You are responsible for complying with all trade regulations and laws both foreign and domestic.  You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia (except Kosovo), Sudan and Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List.  By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls. For more information on the U.S. Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and the Bureau of Export Administration ("BXA"), please see the BXA homepage (http://www.bxa.doc.gov).

17.  IMPORTANT--MISCELLANEOUS.  

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 Services, or your use of the Software or Services 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).  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, the Software or Services or your use of the Software or Services.  The court, not the arbitrator, shall determine arbitrability and enforce 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, the Software or Services or your use of the Software or Services 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) 1995-2007 RealNetworks, Inc. and/or its suppliers and licensors.  2601 Elliott Ave., Suite 1000, Seattle, Washington 98121 U.S.A.  All rights reserved.  RealPlayer, RealNetworks, RealSystem, RealPlayer Plus, RealJukebox, RealPlayer for Pocket PC and Real Services are registered trademarks or trademarks of RealNetworks, Inc.


EXHIBIT A

REALNETWORKS, INC.

TERMS OF SERVICE 

Terms of Service for Real Services

1.  PAYMENT & SERVICES. 

Following the expiration of a trial period that may be provided to you in the sole discretion of RealNetworks, you agree to pay RealNetworks the monthly service charges for your use of the Services using a valid credit card, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.  You authorize RN to automatically bill the charge card you provide each month, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Services.  Payments are billed in advance at the beginning of the applicable month. All payments are completely non-refundable.  You may cancel the Services at any time, but RN will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account.  You agree to provide RN with a valid credit card and accurate, complete and updated information required by the subscription registration form.  Failure to comply may result in the immediate termination of Services.   

RN will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due.  That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that RN may incur in its efforts to collect any remaining balances from you.  You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify RN about any billing problems or discrepancies within 90 days after they first appear on your account statement.  If you do not bring them to RN's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

During your subscription period, you will be entitled to receive: (1) premium  Content (as defined below); (2) any generally available RealPlayer upgrades released during your subscription period; and (3) RealPlayer support services as described at http://service.real.com/help/call.html. You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, "Content") provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not RN.  You understand that by using the Service and accessing the Content, you may be exposed to Content that you may find objectionable; it is your responsibility to determine which Content meets your standards. UNDER NO CIRCUMSTANCES WILL RN BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED AS PART OF THE SERVICE. 

2.  YOUR RIGHT TO CANCEL REAL SERVICES 

You may cancel the Real Services at any time.  You will not receive any refund or partial refund for any charges already billed to your account.  In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period.  You may cancel the services by accessing your RealNetworks account at https://account.real.com/acct/login.html.  Cancellation instructions are available through the 'Manage My Membership' Options on the My Account Main page.  Further, you may contact RealNetworks by phone at 1-888-768-3248 (from the United States or Canada), or 1-206-674-2650 from other locations.  You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with RN.  This includes, but is not limited to, any dispute related to, or arising out of:  (1) any term of this Agreement or RN's enforcement or application of this Agreement; (2) any policy or practice of RN, including any RN Privacy Policy, or RN's enforcement or application of these policies; (3) the Content available through RN or the Internet or any change in Content provided through RN; (4) your ability to access and/or use the Content; (5) any RealNetworks Software or Content provided by or through RealNetworks; or (6) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

3.  REALNETWORKS' RIGHT TO TERMINATE OR MODIFY SERVICES 

RN may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you.  In the event RN modifies the Agreement or the Services, you may terminate the Services.  RN may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at RN's sole discretion.  RN may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term.  No notice shall be required from RN to effect such termination. Upon any termination of this Agreement (whether by you or RN), you shall immediately discontinue use of the Services.  Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

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MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT

Version 1.1

A SOURCE CODE VERSION OF CERTAIN FIREFOX BROWSER FUNCTIONALITY THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM WWW.MOZILLA.ORG UNDER THE MOZILLA PUBLIC LICENSE and other open source software licenses.

The accompanying executable code version of Mozilla Firefox and related documentation (the "Product") is made available to you under the terms of this MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE MOZILLA FIREFOX BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE MOZILLA FIREFOX BROWSER.

DURING THE MOZILLA FIREFOX INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.

1. LICENSE GRANT. The Mozilla Corporation grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by Mozilla that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.

3. PROPRIETARY RIGHTS. Portions of the Product are available in source code form under the terms of the Mozilla Public License and other open source licenses (collectively, "Open Source Licenses") at http://www.mozilla.org. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, Mozilla, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of Mozilla or its licensors.

4. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND MOZILLA'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

5. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, MOZILLA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "MOZILLA GROUP") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE MOZILLA GROUP'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

6. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.

7. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.

8. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Mozilla. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. 

Additionally, with respect to the services associated with Dow Jones Indexes:  The Dow Jones Indexes(sm) are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use.  All content of the Dow Jones Indexes(sm) (c) 2007 is proprietary to Dow Jones & Company, Inc.

Last Modified:  September 6, 2007
