NETSCAPE 7.1 END-USER LICENSE AGREEMENT Redistribution Or Rental Not Permitted BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING THE NETSCAPE 7.1 SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT, AS THE "LICENSEE." IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT CLICK THE "ACCEPT" BUTTON, YOU MUST NOT INSTALL OR USE THE NETSCAPE 7.1 SOFTWARE OR ANY ACCOMPANYING SOFTWARE INCLUDED WITH THIS PRODUCT INSTALLATION, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT. 1. INTRODUCTION. As used in this Agreement, for residents of Europe, the Middle East or Africa, "Netscape" shall mean Netscape Communications Ireland Limited; for residents of Japan, "Netscape" shall mean Netscape Communications (Japan), Ltd.; for residents of all other countries, "Netscape" shall mean Netscape Communications Corporation. In this Agreement "Licensor" shall mean Netscape except under the following circumstances: (i) if Licensee acquired the Product as a bundled component of a third party product or service, then such third party shall be Licensor; and (ii) if any third party software is included as part of the Product installation and no license is presented for acceptance the first time that third party software is invoked, then the use of that third party software shall be governed by this Agreement, but the term "Licensor," with respect to such third party software, shall mean the manufacturer of that software and not Netscape. With the exception of the situation described in (ii) above, the use of any included third party software product shall be governed by the third party's license agreement and not by this Agreement, whether that license agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in the package in printed form. The use of the Real Player software included with the Radio@Netscape Plus software is governed by the Realnetworks, Inc. End User License Agreement provided immediately below this Agreement. In this Agreement, "Product" shall mean the Netscape 7.1 software and the AOL Instant Messenger("AIM") software and Radio@Netscape Plus software, if such software has been included in this installation. If more than one license agreement was provided for the Product, and the terms vary, the order of precedence of those license agreements is as follows: a signed agreement, a license agreement available for review on the Netscape website, a printed agreement provided with the Product, an electronic agreement provided with the Product. 2. LICENSE GRANT. Licensor and its licensors grant Licensee a non-exclusive and non-transferable license to install and use for personal or internal business purposes the executable code version of the Product, provided any copy must contain all of the original proprietary notices. With respect to the AIM software, Licensee may use that software to access the AOL Instant Messenger Service (the "AIM Service"), provided it has obtained from AOL a valid AIM screen name. Licensee may use only the AIM software and a screen name issued to it by AOL to access the AIM Service. With respect to the Radio@Netscape Plus software, Licensee may use a single copy to access the Radio@Netscape Plus Service. An additional copy may be made for archival purposes. This license does not entitle Licensee to receive from Licensor or its licensors or other suppliers hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. 3. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, or in another Netscape agreement to which Licensee is a party such as the Netscape Client Customization Kit License Agreement (the "CCK License Agreement") or a distribution agreement, such as the Netscape Browser Distribution Program License Agreement, Licensee may not: (i) modify or create any derivative works of the Product or documentation, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction), or in any way ascertain, decipher, or obtain the communications protocol for accessing the AIM Service or the Radio@Netscape Plus Service, or the underlying ideas or algorithms of the Product; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; (v) create or use any software other than the Radio@Netscape Plus software to access the Radio@Netscape Plus Service; (vi) create or use any software other than the AIM software to enter its screen name and password or to access the AIM Service; (vii) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Product or the Services; (viii) incorporate, integrate or otherwise include the AIM software or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with the AIM Service or any other instant messaging, Internet, or online service; (ix) use the Product in any way that violates any Terms of Service or Privacy Policy that apply to Licensee; (x) use the AIM software or Service if Licensee is under eighteen years old; or (xi) authorize or assist any third party to do any of the things described in this paragraph. Additionally, access to the Radio@Netscape Plus Service does not grant Licensee the right to reproduce, copy, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings ("Content") transmitted through the Service, including without limitation, transferring or downloading any Content to a computer hard drive, or otherwise copying any Content onto any other storage medium. In addition, access to the Radio@Netscape Plus Service does not grant Licensee the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the Content transmitted by the Service, including without limitation, any transmission, retransmission, or further transmission of any Content transmitted through the Service. 4. TERMS OF SERVICE AND PRIVACY POLICY. To the extent that Licensee has installed or hereafter installs the AIM software, the following applies: The AIM Service participates in the Netscape Network. If Licensee becomes a member of the Netscape Network, then the Netscape Network Member Agreement and Privacy Policy (the "Netscape Network Policies") additionally govern Licensee's use of the AIM Service. These policies can be viewed at http://about.netscape.com/Networkprivacy/index.html and http://about.netscape.com/Networkterms/index.html. If Licensee is not a member of the Netscape Network, then the Terms of Use and privacy policy on AOL.com (the "AOL Policies") additionally govern its use of the AIM Service. These policies can be viewed at http://www.aol.com/copyright.html and http://www.aol.com/info/privacy.html. Both AOL and the Netscape Network reserve the right to terminate this license to the AIM software and Licensee's access to the AIM Service without notice, if, in either AOL or the Netscape Network's sole discretion, there has been a violation of the AOL Policies or the Netscape Network Policies, whichever are applicable to Licensee. To the extent that Licensee has installed or hereafter installs the Radio@Netscape Plus software, the following applies: Licensee's use of the Radio@Netscape Plus Service is additionally governed by the Netscape.com Terms of Service and Privacy Policy, located at http://wp.netscape.com/terms and http://wp.netscape.com/privacy, respectively, and the Radio@Netscape Plus privacy policy, located at http://help.netscape.com/radio/privacy, which supplements these policies. Each time Licensee uses the Radio@Netscape Plus Service, it reaffirms its acceptance of the then-current terms and policies. Netscape reserves the right, at its discretion, to update or revise the terms of use and privacy policies for Radio@Netscape Plus. By using the Radio@Netscape Plus Service, Licensee consents to electronic notice of any changes to such terms and policies. 5. ADDITIONAL SERVICES. Features or additional services may be made available on the AIM and/or Radio@Netscape Plus Services for a fee. Licensee agrees to be bound by any additional terms and conditions governing the use of such features or services should it choose to utilize them. 6. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has the adequate legal capacity to enter into this Agreement, that it will use the Product only for lawful purposes and in accordance with this Agreement, and that it will not use the Product to violate any law, regulation or ordinance or any right of Netscape or its licensors or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark. Licensee agrees to indemnify Netscape, its licensors, officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph. 7. FEES. There is no license fee for the Product. If Licensee wishes to receive the Product on media, there may be a small charge for the media and for shipping and handling. Licensee is responsible for any and all taxes. 8. TERMINATION. Should Licensee breach this Agreement, its right to use the Product and the AIM and Radio@Netscape Plus Services shall terminate immediately and without notice. Netscape may also terminate Licensee's right to use the AIM software by blocking it or by notifying Licensee that its license has been terminated. In the event of any termination of this Agreement or Licensee's rights hereunder, all provisions of this Agreement except the License Grant (Paragraph 1) shall survive such termination and Licensee agrees to continue to be bound by those terms. Upon termination, Licensee shall destroy all copies of the Product. 9. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product and the AOL namespace database, including but not limited to AOL components and algorithms and access to the AOL service server complex, shall remain in Netscape and/or its licensors and other suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Netscape's or its licensors' or other suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Product are the property of the applicable content owner and are protected by applicable law. The license granted under this Agreement gives Licensee no rights in or to such content. AOL and the Netscape Network, if applicable, own all customer data collected through the AIM and Radio@Netscape Plus Services registration processes. All trademarks used in connection with the Product are owned by Netscape, its parent or affiliates, or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. You agree that Netscape may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Product. 10. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the Product were created using source code governed by the Netscape Public License (NPL) and the Mozilla Public License (MPL). The source code for the portions of the Product governed by the NPL and MPL is available from http://www.mozilla.org under those licenses. 11. INJUNCTIVE RELIEF. Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, its breach or threatened breach of this Agreement shall cause AOL irreparable damage for which recovery of money damages would be inadequate and that AOL therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity. 12. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. NETSCAPE, ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE PRODUCT WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE PRODUCT IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, NETSCAPE, ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETSCAPE OR A NETSCAPE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NETSCAPE AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE PRODUCT. LICENSEE BEARS THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "NETSCAPE GROUP") 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, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE NETSCAPE GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY LICENSOR UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT LICENSOR'S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. THE NETSCAPE GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. 14. DIGITAL CERTIFICATES. The Product supports certain cryptographic and authentication features, including but not limited to Secure Sockets Layer and S/MIME communications, that may require the installation and/or use of a digital certificate. Digital certificates are issued, validated, and revoked by third-party certification authorities ("CAs") over which Licensor has no control. Licensee is solely responsible for familiarizing itself with the terms and conditions established by a CA for the use of, or reliance upon, its digital certificates, including but not limited to any obligation of Licensee to validate a digital certificate, maintain the security of a cryptographic key or password, or pay fees for certification services. Netscape has preloaded digital certificates of certain CAs into the Product in order to facilitate the recognition of digital certificates that such CAs have issued to persons, organizations, or devices (including software code). LICENSEE IS SOLELY RESPONSIBLE FOR ANY DECISION TO USE OR RELY UPON A DIGITAL CERTIFICATE, INCLUDING THOSE DIGITAL CERTIFICATES THAT NETSCAPE HAS PRELOADED INTO THE PRODUCT. NETSCAPE BEARS NO RESPONSIBILITY FOR THE VALIDITY OR ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE SECURITY OR INTEGRITY OF ANY TRANSACTION OR COMMUNICATION AUTHENTICATED BY A DIGITAL CERTIFICATE. 15. EXPORT CONTROLS. Licensee agrees to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and not to export, re-export or import the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, Licensee may not export or re-export any commodities, software, or technical data received from Netscape, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Product from the U.S. 16. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, NETSCAPE AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. LICENSEE AGREES THAT THE NETSCAPE GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE PRODUCT IN SUCH APPLICATIONS. 17. BROWSER DOWNLOAD FEEDBACK. When downloaded and installed onto your computer, the Product may automatically send information relating to the download and install process to Netscape. Netscape may use the information for such purposes as improving the reliability of the download and install process and improving its services to users. The information may include, for example, the configuration of the Product downloaded and installed, conflicts or errors encountered during the download and install process, conflicts created during the download and install process based on the hardware configuration encountered, and/or success of the download and install process. No user identifiable data is included in the information sent to Netscape. 18. 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. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End-Users acquire the Product with only those rights set forth herein. 19. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of AOL. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions. (c) Licensee expressly agrees that jurisdiction for any claim or dispute arising from the use of the Product resides in the federal and state courts of the Commonwealth of Virginia and consents to the personal jurisdiction thereof. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or AOL may at its option instead terminate this Agreement. (f) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. AOL may assign this Agreement to any entity at its sole discretion. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (j) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. Netscape 7.1 EULA rev. 05/30/03 REALNETWORKS, INC. END USER LICENSE AGREEMENT REALPLAYER VERSION G2 REDISTRIBUTION NOT PERMITTED _____________________________________________ Product License for RealNetworks RealPlayer Version G2 IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE: This License Agreement for the RealPlayer Version G2 ("License Agreement") is a legal agreement between you (either an individual or an entity) and RealNetworks, Inc. and its suppliers and licensors (collectively "RN") for RealPlayer Version G2 software ("Product"). You may install only ONE copy of the Product. By clicking on the "Yes" button, installing, copying or otherwise using the Product, 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 "No" button and/or do not install the Product. YOU AGREE THAT YOUR USE OF THE PROGRAM ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. ANY THIRD PARTY SOFTWARE, INCLUDING ANY NON-RN PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE "REALPLAYER" FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. 1. GRANT OF LICENSE: RealNetworks Inc. and its suppliers and licensors (collectively "RN") hereby grants you a non-exclusive license to use the Product and Documentation subject to the following terms: a) You may: (i) use the Product on any single computer; (ii) use the Product on a second computer so long as the first and second computers are not used simultaneously; and (iii) copy the Product for back-up, archival purposes provided any copy must contain all of the original Product's proprietary notices. b) You may not: (i) permit other individuals to use the Product 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 Product or Documentation; (iii) copy the Product or Documentation (except for back-up purposes); (iv) resell, rent, lease, transfer, or otherwise transfer rights to the Product or Documentation; or (v) remove any proprietary notices or labels on the Product or Documentation. The playback features of this software are intended only for use with properly licensed content and content creation tools. You may require a patent, copyright, or other license from a third party to create or compress content files for playback by this software or to serve such files to be played back by this software. c) The Product 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. 2. SOFTWARE: If you receive the first copy of the Product 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 enhancements or updates to the Product, nor any support services. 3. TITLE: Title, ownership, rights, and intellectual property rights in and to the Product and Documentation shall remain in RN and/or its suppliers. The Product 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 Product including the content contained in the Product 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. 4. 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. 5. TERMINATION: This License Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from RN to effectuate such termination. Upon termination, you must destroy all copies of the Product and Documentation. 6. INDEMNIFICATION. You agree to compress and play back 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 compressed or copied any materials (other than materials provided by RN) in connection with the Product in violation of another party's rights or in violation of any law. If you are importing the Product 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. 7. U.S. GOVERNMENT RESTRICTED RIGHTS: This Product 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 Product--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Product clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is RealNetworks, Inc./1111 Third Avenue, Suite 2900/ Seattle, Washington, 98101. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Product or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, 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 Product 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 Product to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls. 8. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us. RN will not modify the terms and conditions contained in this License Agreement unless both you and an authorized representative of RN execute a separate written instrument. If any provision of this License 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 License Agreement shall be governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby 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 License 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 arbitrator's award 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. Copyright (C) 1995-2002 RealNetworks, Inc. and/or its suppliers. 1111 Third Avenue, Suite 2900, Seattle, Washington 98101 U.S.A. All rights reserved. RealNetworks, RealAudio, and RealVideo are registered trademarks of RealNetworks, Inc. RealPlayer G2 Gold Update 1 License (03 March 1999)