Terms of Service for RealNetworks subscriptions

Terms of Service for Real Services

READ CAREFULLY: These Terms of Service for
Real Services ("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 Real Services
("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 or otherwise
using or accepting the Services, you agree to be bound by
the terms of this Agreement. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "ACCEPT"
BUTTON AND DO NOT PURCHASE OR USE THE SERVICES.
YOU AGREE THAT YOUR USE OF THE SERVICES
ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS.

PERSONAL INFORMATION YOU PROVIDE TO REALNETWORKS IS
GOVERNED BY THE REALNETWORKS PRIVACY POLICY AT
http://www.realnetworks.com/company/privacy/index.html
THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR
TRIAL BASIS AT THE SOLE DISCRETION OF REALNETWORKS.
YOUR USE OF THE REALPLAYER SOFTWARE ("SOFTWARE")
WILL BE GOVERNED BY THE REALPLAYER LICENSE
AGREEMENT ACCOMPANYING THE SOFTWARE, AN
ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE
APPROPRIATE RN PRODUCT FOLDER ON YOUR COMPUTER
UPON INSTALLATION OF THE SOFTWARE.

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
www.real.com. Cancellation instructions are available
through the 'Manage My Membership' Options on the My
Account Main page. Further, you may contact RealNetworks
by phone at 1-866-474-2650 (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.

4. SERVICE USE RESTRICTIONS. a) You agree that you shall
only use the Services and Content in a manner that complies
with all applicable laws in the jurisdictions in which you use
the Services and Content, including, but not limited to,
applicable restrictions concerning copyright and other
intellectual property rights. Except as specifically
authorized herein, you may not: (i) permit other individuals
to use the Content and Services; (ii) modify, translate,
distribute or create derivative works of the Content or the
Services; (iii) copy or redistribute the Content; (iv) rent,
lease, transfer, or otherwise transfer rights to the Content
or the Services; (v) remove any proprietary notices or labels
on the Content or Service; and (vi) add to, alter, delete
from, or otherwise modify the Content.
b) You may only use the Services and Content for your
private, non-commercial use. You may not use the Services
or Content in any way to provide, or as part of, any
commercial service or application. All Content, including but
not limited to that is streamed, downloaded or copied using
the Services are protected by the U.S. copyright laws and
related laws of other jurisdictions, and are for your own
personal use only. You may not, under any circumstances,
distribute Content to third parties, or broadcast or perform
the Content outside your normal circle of family and social
acquaintances.
c) You may not attempt to, in conjunction with, any device,
software program or service, circumvent technological
measures employed to control access to, or the rights in, a
Content file. The Service embodies a copy management
system required by the laws of the United States, and you
may not circumvent or attempt to circumvent this system by
any means.
d) In addition to any other remedies available in equity or
law to RN and RN's Content suppliers, failure to comply with
any of the terms and conditions in this Section 4 "Service Use
Restrictions" shall immediately terminate your license to the
Content and the Services.

5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to RealNetworks is
governed by RealNetworks Privacy Policy at
http://www.realnetworks.com/company/privacy/index.html.
Your election to use the free or paid Software and Services,
indicates your acceptance of the terms of the RealNetworks
Privacy Policy, so please review it carefully if you have any
questions about RealNetworks treatment of personal
information you provide to us. If you have questions about
our Privacy Policy, please e-mail us at privacy@real.com.
You are responsible for maintaining the confidentiality of
your password and account information. You are responsible
for all activities that occur in your account and you agree to
notify RealNetworks immediately of any unauthorized
account use. RealNetworks is in no way responsible for any
loss that you may incur as a result of any unauthorized use
of your user account and password.

6. E-MAIL NOTIFICATION.
To let you know what new Content and Services are
available from time to time, RN will send you e-mail
describing the latest Content and how to get access to the
Content. You agree that as a Service subscriber, RN may
send you such e-mail to the address you provide. Because
this e-mail is necessary for you to receive the Services, you
will receive this e-mail even if you have opted out of
receiving other e-mail from RN. If you do not want to
receive this e-mail, you may cancel the Service at any time
as provided in this Agreement, or opt out of the Real Service
e-mail as provided in each e-mail.

7. TITLE.
Title, ownership, rights, and intellectual property rights in
and to the Services shall remain in RN and/or its suppliers.
The Services and Content are protected by the copyright
laws of the United States and other countries, and by
international copyright treaties. Title, ownership rights and
intellectual property rights in and to the Content accessed
through the Services shall be retained by the applicable
Content owner and may be protected by applicable
copyright or other laws.

8. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE 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
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 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.

9. INDEMNIFICATION.
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 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.

10. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned
without RN's express written consent.

11. 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 or Services, or your
use of the 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
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 11 and to resolve any disputes and claims
cognizable in court relating in any way, or arising out of,
this Agreement or Services or your use of the 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 or
Services or your use of the 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 is 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 © 1995-2009 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,
RealPlayer for Pocket PC and Real Services are registered
trademarks or trademarks of RealNetworks, Inc.

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