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authorWilliam McArthur <sandymac@gentoo.org>2002-05-02 19:51:25 +0000
committerWilliam McArthur <sandymac@gentoo.org>2002-05-02 19:51:25 +0000
commit11c657f6fb7c1946c50504b78a58f92e69134be3 (patch)
treedbc37bcf939e7cab5ee74e8f72a79267f72fc871 /licenses/realplayer8
parentadd ghostscript dep, needed for printing to pdf (diff)
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Updated ebuilds to work better with Mozilla and added LICENSE to ebuild
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+REALNETWORKS, INC.
+END USER LICENSE AGREEMENT
+REALNETWORKS PRODUCTS
+
+REDISTRIBUTION NOT PERMITTED
+
+Software License for certain
+RealNetworks Products
+
+IMPORTANT -- READ CAREFULLY BEFORE
+USING THIS SOFTWARE: This License
+Agreement for certain RealNetworks
+Products ("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
+the RealNetworks software ("Software").
+ The Software may include any of the
+following RealNetworks products
+including any combination of such
+products and Beta versions of the
+products (collectively, "RN Products"):
+RealPlayer 8 (basic version) and
+RealPlayer 8 Plus (together,
+"RealPlayer"); RealJukebox 2 (basic
+version) and RealJukebox 2 Plus
+(together, "RealJukebox"); and
+RealDownload 4 (basic version),
+RealDownload Express and RealDownload 4
+Plus (together, "RealDownload"). 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.
+
+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, AN
+ELECTRONIC COPY OF WHICH WILL BE
+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. BETA RELEASE VERSIONS. In the
+event that the Software is a beta
+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 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. AUTOMATIC COMMUNICATIONS
+FEATURES.
+
+a) The Software consists of
+interactive Internet applications which
+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 (for
+example, channel headline updates in
+RealPlayer, and GetMusic updates in
+RealJukebox). Such automatic
+communications features do not send any
+personally identifiable information
+about you without your consent. Most
+automatic communications features can
+be changed by you in User Preferences.
+By installing and/or using the
+Software, you consent to the Software's
+communications features. 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. To learn more, visit
+the RealNetworks Consumer Software
+Privacy Statement link on our website
+at http://www.real.com. You are
+responsible for any telecommunications
+or other connectivity charges incurred
+through your use of the Software.
+
+b) The Software automatically
+communicates with RN's servers on the
+Internet to check for updates to the
+Software, such as bug fixes, patches,
+enhanced functions, and new versions.
+RN will notify you when updates are
+available. If you decide to update, you
+agree that RN may upload updates and
+install them as part of your Software.
+All such updates to the Software are
+governed by this Agreement, unless
+other license terms are provided with
+the update. Although RN uses
+encryption technology to provide
+security for the autoupdate process, RN
+is not responsible for the failure of
+such security measures. The autoupdate
+function is not available for
+RealDownload.
+
+c) RealDownload automatically and
+anonymously communicates with RN when
+you install or uninstall it, and when
+you use it to download files from the
+Internet. During these automatic
+communications, RN does not send or
+receive any personally identifiable
+information about you without your
+consent. These anonymous communications
+allow RN to count the number of its
+RealDownload users, to provide
+advertising services, and otherwise to
+provide a useful product and service
+and to plan for future enhancements and
+services. When you download files using
+RealDownload, it sends the name and URL
+of the file you are downloading along
+with relevant product and Internet
+communication information to RN. This
+information is sent so RN can display
+appropriate advertising, and for
+aggregate, anonymous statistical
+analysis. RN does not associate file
+downloads with individuals without
+express consent. Because RN works
+through the use of a browser window, RN
+may set a cookie if you have chosen to
+enable cookies in your browser. In
+the event the Software contains a trial
+or free version of RealDownload, the
+advertisements may only be removed
+through purchase of the RealDownload
+Plus, which is available at
+http://www.real.com.
+
+6. DIGITAL RIGHTS MANAGEMENT
+SYSTEMS ("DRMs"). The Software 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 the 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
+section 5(b). You agree to indemnify
+and hold harmless RN for any claim
+relating to your use of a third party
+DRM.
+
+7. 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.
+
+8. WARRANTIES AND LIABILITIES.
+
+(a) For the Plus 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 Basic, trial, and Beta
+versions of RN Products, the following
+terms apply:
+
+DISCLAIMER OF WARRANTY & LIMIT OF
+LIABILITY. THE SOFTWARE AND
+DOCUMENTATION 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 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, 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 RN HAS BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGES. RN's TOTAL
+LIABLITY FOR ANY DIRECT DAMAGES SHALL
+NOT EXCEED FIVE DOLLARS ($5.00).
+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.
+
+9. 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 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. 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.
+
+11. 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.
+
+12. TECHNICAL SUPPORT. Technical
+support for the Software, as made
+available by RN, is described at RN's
+technical support website:
+http://service.real.com.
+
+13. 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 (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
+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.
+
+14. 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 (c) 1995-2000 RealNetworks,
+Inc. and/or its suppliers. 2601
+Elliott Ave., Suite 1000, Seattle,
+Washington 98121 U.S.A. All rights
+reserved. RealNetworks, RealAudio,
+RealVideo, RealPlayer, RealJukebox,
+RealDownload, RealMedia, and RealSystem
+are registered trademarks or trademarks
+of RealNetworks, Inc.