REALNETWORKS, INC.

END USER LICENSE AGREEMENT

SOFTWARE, GAMES AND SERVICES
REDISTRIBUTION NOT PERMITTED
License for software, games and services distributed by RealNetworks, Inc.
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement f
or software and games distributed by RealNetworks, Inc. (collectively, "Software
") and the GameHouse FunPass subscription services ("Services") is a legal agree
ment between you (either an individual or an entity) and RealNetworks, Inc. incl
uding its GameHouse division ("RealNetworks") and its suppliers, distributors an
d licensors, including game developers (collectively, "RN") and Alpha, Beta, tri
al, pre-release, free, pay and premium versions of the products. The term "Softw
are" shall also include the "Advertising Module Software" as described below in
Section 6. You may install only ONE copy of the Software that you have downloade
d or purchased from RN. By clicking on the "Accept" button, installing, copying
or otherwise using the Software, you agree to be bound by the terms of this Lice
nse 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 OR DOWNLOAD ANY GAMES
USING IT.
FOR YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THE "TERMS OF SERVICE" AT
TACHED HERETO AS EXHIBIT A.
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 AND/OR SERVICES ACKNOWLEDGES THAT YOU HA
VE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND COND
ITIONS.
THE GAMES DISTRIBUTED BY RN ARE SUBJECT TO THIS LICENSE AGREEMENT UNLESS SUPERCE
DED BY ANOTHER LICENSE AGREEMENT PROVIDED BY A THIRD PARTY AND DISPLAYED PRIOR T
O YOUR INSTALLATION OF THAT GAME. USAGE OF THESE GAMES SHALL BE GOVERNED BY SUCH
THIRD PARTY'S LICENSE AGREEMENT.
THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL VERSIONS OF THE GAMES, INCLUDIN
G VERSIONS DOWNLOADED OR ACQUIRED WITHOUT CHARGE ("SHAREWARE"), FULL VERSIONS FO
R WHICH A FEE IS CHARGED, SUBSCRIPTION SERVICES AND ANY LICENSE KEYS, IF APPLICA
BLE.
THE SHAREWARE VERSIONS OF THE GAMES MAY CONTAIN USE, FEATURE, OR TIME LIMITATION
S. IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL VERSION OF THE
GAME IF AVAILABLE.
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 followin
g terms:
a) You may: (i) use the Software on any single computer; (ii) use the Software o
n a second computer so long as the first and second computers are not used simul
taneously; and (iii) copy the Software for back-up and archival purposes, provid
ed any copy must contain all of the original Software's proprietary notices.
b) RN may modify this License Agreement with respect to free versions of the Sof
tware upon 14 days written notice to you, including notice via the communication
s features described below.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under th
e terms listed above; (ii) modify, translate, reverse engineer, decompile, disas
semble (except to the extent that this restriction is expressly prohibited by la
w) or create derivative works based upon the Software or Documentation; (iii) co
py the Software or Documentation (except for back-up or archival purposes); (iv)
rent, lease, transfer, or otherwise transfer rights to the Software or Document
ation; or (v) remove any proprietary notices or labels on the Software or Docume
ntation. Any such forbidden use shall immediately terminate your license to 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 restricti
ons concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. You may n
ot 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 an
d other audio recordings and game executables, associated game files, patches, m
ods, or other game-related information other than Shareware versions of games, w
hich are downloaded, copied, or played using the Software, and which are protect
ed by the copyright laws or related laws of any jurisdiction, are for your own p
ersonal use only and may not be distributed to third parties or performed outsid
e your normal circle of family and social acquaintances subject to the specific
licensing terms of that content.
d) You may not use the Software in an attempt to, or in conjunction with, any de
vice, program or service designed to circumvent technological measures employed
to control access to, or the rights in, a content file or other work protected b
y the copyright laws of any jurisdiction.
3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first copy of the Sof
tware electronically and a second copy on physical media (e.g., CD, diskette, et
c.), the second copy may be used for archival purposes only and may not be trans
ferred 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 versi
on, the terms of this Section shall apply. Your license to use the Software expi
res 45 days after installation (or such other period as indicated by the Softwar
e) and the Software may cease to function. The Software you are receiving may co
ntain more or less features than the commercial release of the Software that RN
intends to distribute. While RN intends to distribute a commercial release of th
e Software, RN reserves the right at any time not to release a commercial releas
e of the Software or, if released, to alter features, specifications, capabiliti
es, functions, licensing terms, release dates, general availability or other cha
racteristics of the commercial release. You agree that the Beta Release Versions
are not suitable for production use and may contain errors affecting their prop
er operation. You agree that you will not do anything to circumvent or defeat th
e features designed to stop the Software from operating after the license expire
s.
5. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs"). The Software may include a DRM fr
om RN or third party DRMs as plug-in components which are subject to their own l
icense agreements. DRMs are designed to manage and enforce intellectual property
rights in digital content purchased over the Internet. You may not take any act
ion to circumvent or defeat the security or content usage rules provided or enfo
rced 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 a third pa
rty 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 colle
ction or use of information by third party DRMs. You consent to the communicatio
ns enabled and/or performed by the DRM, including automatic updating of the DRM
without further notice. You agree to indemnify and hold harmless RN for any clai
m relating to your use of a third party DRM.
You acknowledge and agree that in order to protect the integrity of certain thir
d party content, RN or its suppliers and licensors may provide for the Software
security-related updates that will be automatically downloaded and installed on
your computer. Such security-related updates may impair the Software (and any ot
her software on your computer which specifically depends on the Software) includ
ing disabling your ability to copy and/or play "secure" content, i.e. content pr
otected by digital rights management. In such an event, RN and/or its suppliers
and licensors shall use reasonable efforts to promptly post notices on the RN we
b site explaining the security update and providing instructions to end users fo
r obtaining new versions or further updates of the Software that restore access
to secure content and related features.
6. ADVERTISING MODULE SOFTWARE. The Software is supported by advertisements that
are facilitated by the advertising module provided by Eyeblaster, Ltd. and inte
grated with the Software ("Advertising Module Software"). By installing the Soft
ware Product you fully agree to the display of advertisements within the game an
d you are waiving any and all claims you may have in this regard. The Advertisin
g Module Software enables the Software to perform certain functions including, w
ithout limitation, connecting with different advertising servers, write cookies
on user machine and display of advertisement within the game. You acknowledge, u
nderstand and agree that by installing the Software you also install the Adverti
sing Model Software that will facilitate the display of advertising within the g
ame in accordance with the privacy policy presented at: http://www.eyeblaster.co
m/privacy.asp. You acknowledge, understand agree and warrant that you shall use
the Advertising Module Software, for your own personal non-commercial use only a
s part of the Software and that under no circumstance you shall reverse-engineer
, decompile or otherwise attempt by any means to create or derive the source cod
e related to the Advertising Module Software, nor you shall authorize any third
party to do the same and that you shall not to assign, copy, transfer, or transm
it the Advertising Module Software to any third party. You may use the Advertisi
ng Module Software only for the purposes contemplated hereunder. All rights in t
he Advertising Module Software including all ownership rights are reserved to an
d remain with Eyeblaster, Ltd., and is protected by U.S. and international copyr
ight laws.
7. TITLE. Title, ownership, rights, and intellectual property rights in and to t
he Software and Documentation shall remain in RN and/or its suppliers. The Softw
are is protected by the copyright laws of the United States and international co
pyright treaties. Title, ownership rights and intellectual property rights in an
d to the content accessed through the Software including the content contained i
n the Software media demonstration files shall be retained by the applicable con
tent owner and may be protected by applicable copyright or other law. This licen
se gives you no rights to such content.
8. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN FURTHER DISCLAIMS ALL WARRANT
IES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FIT
NESS 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 SUP
PLIERS 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, EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. R
N's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE FEES YOU PAID FOR
THE SOFTWARE AND/OR THE SERVICES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLO
W THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAG
ES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. INDEMNIFICATION. This Software is intended for use only with properly license
d media, content, and content creation tools. It is your responsibility to ascer
tain 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 c
ontent. You agree to download, install, and play 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 expense
s (including attorneys' fees and costs) arising out of or relating to any claims
that you have (i) viewed, downloaded, installed, copied or transmitted any mate
rials (other than materials provided by RN) in connection with the Software in v
iolation 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 imp
ort 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 s
uch termination. You may also terminate this License Agreement at any time by no
tifying RN in writing of termination. Upon any termination of this License Agree
ment, you shall immediately discontinue use of the Software and shall within thr
ee (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 oblig
ation to pay accrued charges and fees shall survive any termination of this Lice
nse Agreement.
11. NO ASSIGNMENT. This Agreement is personal to you, and may not be assigned wi
thout RN's express written consent.
12. MISCELLANEOUS.
a) Arbitration & Jurisdiction. You and RN agree that the exclusive remedy for al
l 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 fina
l and binding arbitration. The arbitration shall be conducted under the Commerci
al Arbitration Rules of the American Arbitration Association ("AAA") and AAA's S
upplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). Th
e 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 t
o any other arbitration, including any arbitration involving any other current o
r former licensee of RN; no class arbitration proceedings shall be permitted; no
finding or stipulation of fact in any other arbitration, judicial or similar pr
oceeding may be given preclusive or collateral estoppel effect in any arbitratio
n 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 arbit
ration hereunder (unless determined in another proceeding between you and RN). Y
our arbitration fees and your share of arbitrator compensation will be limited t
o 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 arbitra
tion 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 co
urts sitting in the State of Washington to enforce the provisions of this Sectio
n 12 and to resolve any disputes and claims cognizable in court relating in any
way, or arising out of, this Agreement, the Software or Services or your use of
the Software or Services. The court, not the arbitrator, shall determine arbitra
bility and enforce the arbitration agreements contained herein, including the pr
ohibition on consolidated arbitrations and class arbitration. This Agreement and
all disputes and claims relating in any way to, or arising out of, this Agreeme
nt, the Software or Services or your use of the Software or Services shall be go
verned by the laws of the State of Washington and the Federal Arbitration Act.
b) Complete Agreement. This Agreement shall constitute the complete and exclusiv
e agreement between us, notwithstanding any variance with any purchase order or
other written instrument submitted by you, whether formally rejected by RN or no
t. The acceptance of any purchase order is you place is expressly made condition
al on your consent to the terms set forth herein. The terms and conditions conta
ined in this Agreement may not be modified by you except in a writing duly signe
d by you and an authorized representative of RN. If any provision of this Agreem
ent 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 no
t affect the enforceability of such provision under other circumstances, or of t
he 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.
EXHIBIT A
TERMS OF SERVICE
Terms of Service for GameHouse FunPass
1. PAYMENT, CANCELLATION & SERVICES
Following the expiration of a trial period that may be provided to you in the so
le discretion of RN, you agree to pay RN the applicable service charges (e.g., m
onthly, quarterly or annual) for your use of the Services using a valid credit c
ard, 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 aut
omatically bill the charge card you provide each month or on each applicable sub
scription period renewal date, or withdraw funds via electronic transfer from yo
ur 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 or at the beginning of the applicable subscription period if n
ot monthly. All payments are completely non-refundable. You may cancel the Servi
ces at any time, but RN will not refund any remaining portion of your subscripti
on fees, including any minimum commitments, already billed to your account. To e
nsure that your credit card will not be charged for your next billing period, yo
u MUST cancel your FunPass membership no later than the day before your next sch
eduled billing period begins The exceptions to this refund policy are cancellati
ons of a quarterly or annual subscription within the first 30 days following you
r first payment or renewal payment of the annual subscription. In this case, you
may request a refund of the full annual subscription fee if your cancellation r
equest is received and processed by RN within this 30 day period. After 30 days
following your first payment or renewal payment of an annual subscription, you m
ay still cancel at any time but all payments will be non-refundable for the unus
ed portion of your annual subscription. In this case, your account will remain a
ctive until the end of the original billing period, but will not be renewed. 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 m
ay result in the immediate termination of Services. Once your cancellation is ef
fective, you will no longer have access to the FunPass service, and you will no
longer receive FunPass member discounts on purchases of downloadable products.
RN will assess an additional 1.5% (or the highest amount allowed by law, whichev
er 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 fe
es, 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 Ser
vices are terminated. You agree to notify RN about any billing problems or discr
epancies within 90 days after they first appear on your account statement. If yo
u do not bring them to RN's attention within 90 days, you agree that you waive y
our right to dispute such problems or discrepancies.
During your active subscription period, you are entitled to receive US$5 off any
additional game purchases.
2. FREE TRIAL POLICY
Any customer that signs up for FunPass may be given a period of time to try the
service at no cost. At the end of the period, if the customer has not cancelled
their subscription they will be billed as a FunPass member in normal standing. I
f the subscriber cancels their FunPass membership at any time during their norma
l membership or trial period, they forfeit the right to any FunPass free trial f
or six months. This six-month time period starts from the last day of the previo
us free trial period.
3. REALNETWORKS' RIGHT TO TERMINATE OR MODIFY SERVICES
RN may modify the terms of this Agreement or the Services, including but not lim
ited 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 yo
u, 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 m
ay provide notice by e-mail or by publishing the changes on its website. This Ag
reement will automatically terminate if you fail to comply with any term. No not
ice shall be required from RN to effect such termination. Upon any termination o
f this Agreement (whether by you or RN), you shall immediately discontinue use o
f the Services. Your obligation to pay accrued charges and fees shall survive an
y termination of this Agreement.
4. SERVICE USE RESTRICTIONS
You agree that you shall only use the Services in a manner that complies with al
l applicable laws in the jurisdictions in which you use the Services, including,
but not limited to, applicable restrictions concerning copyright and other inte
llectual property rights. Except as specifically authorized herein, you may not:
(i) permit other individuals to use the Services; (ii) modify, translate, distr
ibute or create derivative works of the Services; (iii) rent, lease, transfer, o
r otherwise transfer rights to the Services; and (iv) remove any proprietary not
ices or labels on the Service. You may only use the Services for your private, n
on-commercial use. You may not use the Services in any way to provide, or as par
t of, any commercial service or application.
You may not attempt to, in conjunction with, any device, software program or ser
vice, circumvent technological measures employed to control access to, or the ri
ghts 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 circu
mvent this system by any means.
In addition to any other remedies available in equity or law to RN and RN's cont
ent suppliers, failure to comply with any of the terms and conditions in this Se
ction 4 "Service Use Restrictions" shall immediately terminate your license to t
he Content and the Services.
5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to RealNetworks is governed by RealNetworks Pri
vacy Policy at http://www.realnetworks.com/company/privacy/index.html. Your elec
tion to use the 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@re
al.com.
You are responsible for maintaining the confidentiality of your password and acc
ount information. You are responsible for all activities that occur in your acco
unt and you agree to notify RealNetworks immediately of any unauthorized account
use. RN 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, R
N will send you e-mail describing the latest content and how to get access to th
e content. You agree that as a Service subscriber, RN may send you such e-mail t
o the address you provide. Because this e-mail is necessary for you to receive t
he Services, you will receive this e-mail even if you have opted out of receivin
g other e-mail from RN. If you do not want to receive this e-mail, you may cance
l the Service at any time as provided in this Agreement.