REALNETWORKS, INC.
END USER LICENSE AGREEMENT
Holiday Express

REDISTRIBUTION NOT PERMITTED EXCEPT AS SPECIFICALLY PROVIDED BELOW.

Software License for Holiday Express

IMPORTANT -- READ CAREFULLY: This License Agreement for Holiday Express ("Game") is a legal agreement between you (either an individual or an entity) and RealNetworks, Inc. and the developer of the Game (collectively "RN").  By clicking on the "Yes" button, installing, copying, playing or otherwise using the Game, 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 Game.

EXCEPT AS SPECIFICALLY PROVIDED BELOW, THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL VERSIONS OF THE GAME, INCLUDING VERSIONS DOWNLOADED OR ACQUIRED WITHOUT CHARGE ("SHAREWARE"), FULL VERSIONS FOR WHICH A FEE IS CHARGED, AND ANY LICENSE KEYS IF APPLICABLE.

THE SHAREWARE VERSION OF THIS GAME MAY CONTAIN USE, FEATURE OR TIME LIMITATIONS.  IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL VERSION OF THE GAME AT WWW.REAL.COM/GAMES.


1.	GRANT OF LICENSE.  RN hereby grant to you a non-exclusive license to use the Game and Documentation, provided you may: (i) use the Game on any single computer; (ii) use the Game on a second computer so long as the first and second computers are not used simultaneously; (iii) copy the Game for back-up, archival purposes provided any copy must contain all of the original Game's proprietary notices.

2. LICENSE RESTRICTIONS.

a)	You may not: (i) permit other individuals to use the Game 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 Game or Documentation; (iii) copy the Game or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Game or Documentation; or (v) remove any proprietary notices or labels on the Game or Documentation.

b) You agree that you shall only use the Game and Documentation in a manner that complies with all applicable laws in the jurisdiction in which you use the Game and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

c) The Game is for private use only.  You may not use or display this Game for any commercial purpose.

d) You may distribute only the Shareware version of this Game to third parties.  You may not distribute any other version of this Game, or any applicable license keys, to any third party.

3.	COPIES OF SOFTWARE AND ENHANCEMENTS.  If you receive the first copy of the Game 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. 	TITLE.  Title, ownership, rights, and intellectual property rights in and to the Game and Documentation shall remain in RN and/or its suppliers.  The Game 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 Game including any content contained in the Game 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.

5. 	DISCLAIMER OF WARRANTY:  THE GAME 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 GAME 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 GAME, 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.

6. 	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 Game and Documentation.

7. 	U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: U.S. GOVERNMENT RESTRICTED RIGHTS:  This Game and Documentation may be 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 Game 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 Game 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 Game 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.  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 arising under 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 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 © 2000 RealNetworks, Inc. and/or its suppliers.  2601 Elliott Ave., Suite 1000, Seattle, Washington 98121 U.S.A.  All rights reserved.  RealNetworks is a registered trademark of RealNetworks, Inc.

Includes Xaudio software Copyright © 1996-2000 Xaudio Corporation All Rights Reserved.






