SDK License for the Visualization SDK
IMPORTANT -- READ CAREFULLY: This RealNetworks End User License Agreement ("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 RN's Visualization SDK ("SDK") and the applicable documentation. By clicking on the "Accept" button, installing, copying, transmitting content, or otherwise using the SDK, 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 SDK.
Any third party software that MAY BE provided with the SDK is included for use at your option. RN shall not be responsible for any losses OR damages which may occur resulting from the use of any THIRD PARTY SOFTWARE.
1. OWNERSHIP: This is a license agreement and NOT an agreement for sale. Title, ownership rights and intellectual property rights in and to the SDK (including any images, trademarks, animations, video, audio, music, and text incorporated into the SDK), accompanying printed materials, and any copies you are permitted to make herein are owned by RN or its suppliers and are protected by United States copyright law and international treaty provisions. Your rights to use the SDK are specified in this License Agreement, and RN retains all rights not expressly granted to you in this License Agreement. Nothing in this License Agreement constitutes a waiver of RN's rights under U.S. or international copyright law or any other federal or state law.
(a) By RN. Subject to the provisions contained herein, RN hereby grants you a limited, non-exclusive, non-transferable license to: (i) use, pursuant to the documentation, ONE copy of the SDK on any single computer or on a second computer so long as the first and second computers are not used simultaneously; and (ii) use the SDK to create visualizations that are compatible with RealJukebox and the SDK specifications ("Content").
(b) By You. By uploading or otherwise transmitting any Content to RN, you automatically grant to RN a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to: (i) use, reproduce, transmit, retransmit, modify, adopt, publish, translate, create derivative works from, distribute, perform and display the Content in whole or part; (ii) incorporate such Content into other forms, media, or technology now known or later developed; (iii) use the Content and any ideas, concepts, know-how, techniques and suggestions contained in any Content for any purpose whatsoever, including, without limitation, developing, promoting and marketing the SDK, the Content, RN's proprietary media delivery software applications (the "Software"), and any related services. You agree that by uploading or otherwise transmitting Content to RN you waive any rights of attribution or so-called "moral rights."
3. RESTRICTIONS ON USE: You may not use the SDK to create Content: (i) with any material (artwork, logos, photographs, etc.) for which you have not obtained the necessary licenses and/or permissions; (ii) that contains defamatory or libelous statements or contains expressions of bigotry, prejudice, racism or profanity; (iii) that is primarily commercial in nature; (iv) that contains nudity, pornographic or obscene material of any kind; or (iv) that promotes harm, injury or any act of cruelty to persons, property or animals. Further, you may not: (v) publish, distribute or upload Content that contains third-party material for which you have not obtained the necessary licenses and/or permissions; (vi) delete or modify any attributions, legal notices or other proprietary designations or labels on the SDK, or on any third-party material contained in the Content; (vii) use the SDK by itself or in conjunction with any other content creation specifications or products to make Content for any non-RN software application or service; (viii) copy the SDK, or any documentation accompanying the SDK except for back-up or archival purposes, provided any such copy must contain all of the original SDK's proprietary notices; or (ix) permit other individuals to use the SDK or to rent, lease, transfer, or otherwise transfer rights to the SDK or accompanying documentation. Any such forbidden use shall immediately terminate your license to the SDK.
4. ADDITIONAL RESTRICTIONS: You agree that the Content: (i) will meet RN's technical and privacy requirements; (ii) may not be used to collect personally identifying information about end users; (iii) will not contain any computer code intentionally designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Software, firmware, computer systems or networks (sometimes referred to as "viruses" or "worms"); and (iv) must be developed to function with RN Products and not degrade the functionality of RN Products.
5. RN TRADEMARK LICENSE: RN hereby grants you a non-exclusive, limited license to use, and you agree that you shall always use, RN's trademarks in accordance with RN's Trademark and Logo Usage Policy at http://www.real.com/company/guide/policy.html, and for the sole purpose creating the Content. You agree that you shall not use any RN trademark in a way that may imply that you are an agency or branch of RN, or that RN endorses, is affiliated with, or sponsors you or your products. You also agree that you may not link directly to any media file or .ram file made available from the RN World Wide Website.
6. UPGRADES/SUPPORT: You shall not be entitled under this License Agreement to receive any updates, upgrades or corrections to the SDK, nor any support services.
7. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY: The option to upload or otherwise transmit Content to RN is made available to you as a courtesy. RN has no obligation to display or otherwise distribute any Content, to continue to display or distribute any Content after it has been posted, or to continue to make this service available. THE SDK, DOCUMENTATION, AND ANY SOFTWARE OR RELATED SERVICES MADE AVAILABLE BY RN IN CONNECTION WITH THE CREATION, DEVELOPMENT, UPLOADING, TRANSMITTING OR DISPLAYING ANY CONTENT ARE PROVIDED BY RN ON AN "AS IS" BASIS, 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 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 SOFTWARE, EVEN IF RN 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.
8. INDEMNIFICATION: This SDK 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 licenses to such media and content. You agree to use 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: (i) you have breached or violated any term or condition of this Agreement; (ii) that the Content or uploading the Content infringes the intellectual property rights of any third party (including, without limitation, copyrights, trade secrets, patents, privacy rights, and trademark rights); (ii) that you have not obtained a license, right or permission to use material contained in the Content; (iii) that you do not have the rights necessary to grant RN the license set forth in Section 2 above; (iv) the Content contains defamatory or libelous statements; expressions of bigotry, prejudice, racism or profanity; nudity, pornographic or obscene material of any kind; or that the Content promotes harm, injury or any act of cruelty to persons, property or animals; (v) the Content contains harmful code; and (iv) the Content violates an end users privacy.
9. TERMINATION: This Agreement and your right to use this SDK automatically terminate if you fail to comply with any material provision of this Agreement. RN may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the SDK. Upon termination of this License Agreement, you agree to destroy or erase the SDK.
10. U.S. GOVERNMENT RESTRICTED RIGHTS: This SDK 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 SDK--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer SDK clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is RealNetworks, Inc./2601 Elliott Avenue/Suite 1000/Seattle, Washington, 98121. You acknowledge that none of the SDK 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, Yugoslavia, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to 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 SDK 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.
11. MISCELLANEOUS: This License 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 is you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and an authorized representative of RN. 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 relating in any way to, or arising out of, the Software, your use of the Software or this License Agreement shall be submitted to arbitration in the State of Washington; except that, to the extent that you have breached or have indicated your intention to breach this License Agreement in any manner which violates or may violate RN's intellectual property rights, or may cause continuing or irreparable harm to RN (including, but not limited to, any breach that may impact RN's intellectual property rights, or a breach by reverse engineering), RN may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. Any arbitration of a dispute under this Agreement 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 © 1999-2000 RealNetworks, Inc. and/or its suppliers. 2601 Elliott Avenue, Suite 1000, Seattle, Washington 98121 U.S.A. All rights reserved. RealNetworks, RealAudio, RealVideo, RealMedia, RealPlayer, and RealJukebox are trademarks or registered trademarks of RealNetworks, Inc.