This License Agreement ("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 for RealNetworks’ RTSP Proxy Reference Kit ("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. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE. 1. GRANT OF LICENSE. Subject to the provisions contained in this License Agreement, RN hereby grants you a non-exclusive, non- transferable, perpetual, worldwide license to use, modify or redistribute the Software subject to the following terms and conditions: (a) The copyright notice ("© 2001 RealNetworks, Inc.") and this copy of this License Agreement shall appear on all copies and/or any derivative versions of the Software you create or distribute. (b) You acknowledge and agree that RN is and shall be the exclusive owner of all right, title and interest, including copyright, in the Software. All rights not expressly granted to you are reserved to RN. 2. SOFTWARE MAINTENANCE AND UPGRADES. RN is not obligated to provide maintenance or updates to you for the Software. However, any maintenance or updates provided by RN shall be covered by this Agreement. 3. DISCLAIMER OF WARRANTY. The Software is deemed accepted by you. Because RN is providing you the Software for free, the Software is provided to you AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALNETWORKS 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 REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALNETWORKS 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 SOFTWARE, EVEN IF REALNETWORKS 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. 4. INDEMNIFICATION. You hereby agree to defend, indemnify, and hold RN, its directors, officers, employees and agents, harmless from any and all claims, damages, and expenses (including attorneys fees and costs) of any nature arising out of the use, modification, or redistribution the Software or any derivative versions thereof. 5. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: 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. 6. GOVERNING LAW; ATTORNEYS FEES. This agreement shall be governed by the laws of the State of Washington and you further consent to jurisdiction by the state and federal courts sitting in Seattle, Washington. If RN employs attorneys to enforce any rights arising out of or relating to this Agreement and prevails, RN shall be entitled to recover reasonable attorneys' fees from you. 7. ENTIRE AGREEMENT. This agreement constitutes the complete and exclusive agreement between RN and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This agreement may not be modified except in a writing duly signed by an authorized representative of RN and you. Copyright © 2001 RealNetworks, Inc. and/or its suppliers. 2601 Elliott Avenue, Seattle, Washington 98121 U.S.A. All rights are reserved. RTSP Proxy License Agreement 2-06-01