REALNETWORKS, INC.  END USER LICENSE AGREEMENT

REALPLAYER 10 FOR SOLARIS

REDISTRIBUTION NOT PERMITTED

Software License for RealPlayer 10 for Solaris

IMPORTANT -- READ CAREFULLY BEFORE USING THIS

SOFTWARE: This License Agreement for a certain

RealNetworks product ("License 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"). The

Software may include the following RealNetworks

product including any combination of such product

and Alpha, Beta, trial, pre-release, free, pay or

premium versions of the product: RealPlayer 10

for Solaris. You may install only ONE copy of the

Software. 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. IF YOU DO NOT AGREE TO

THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE

"CANCEL" BUTTON AND/OR DO NOT INSTALL THE

SOFTWARE.

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

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 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 of the Software.

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; or (v) remove any proprietary

notices or labels on the Software or

Documentation. 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

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 a 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 af

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 desi

6. TITLE. Title, ownership, rights, and

intellectual property rights in and to the

Software and Documentation shall remain in RN

and/or its suppliers. The Software is protected

by the copyright laws of the United States and

international copyright treaties. Title,

ownership rights and intellectual property rights

in and to the content accessed through the

Software including 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.

7. 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

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 following terms

apply:

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE

SOFTWARE, DOCUMENTATION, 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, 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 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 D

8. INDEMNIFICATION. This Software 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 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 im

9. 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.

10. 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.

11. TECHNICAL SUPPORT. Technical support for the

Software, as made available by RN, is described

at RN's technical support website:

http://service.real.com.

12. 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

13. 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

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 exc

Copyright  2006 RealNetworks, Inc. and/or its

suppliers and licensors. 2601 Elliott Ave., Suite

1000, Seattle, Washington 98121 U.S.A. All rights

reserved. RealPlayer, RealNetworks, RealAudio,

RealVideo, and RealMedia are registered

trademarks or trademarks of RealNetworks, Inc.