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RealNetworks Inc


TERMS OF SERVICE AND 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 THE SOFTWARE, GAMES AND SERVICES: This License Agreement governs your use of software, games and services distributed by RealNetworks Inc including any Alpha, Beta, trial, pre-release, free, pay and premium versions of the software, games and services and whether online (the "Online Games") and/or in downloadable formats (the "Deluxe Games") (collectively, "Software") and the FunPass subscription services (the "FunPass Services").This License Agreement is a legal agreement between you (either an individual or an entity) and RealNetworks Inc ("RN Inc"), doing business as GameHouse Europe B.V. (NL commercial register number 17146077 0000). RN Inc may provide the Software, FunPass Services or other products or services to you directly or through one or more of its affiliates (being any entity directly or indirectly wholly owned by RealNetworks, Inc. each an "Affiliate"). GameHouse Europe B.V. and Zylom are Affiliates of RN Inc. 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, PLAY ANY ONLINE GAMES, DOWNLOAD ANY DELUXE GAMES, REGISTER ON THE SITE OR SUBSCRIBE TO THE FUNPASS SERVICE.

FOR YOUR USE OF THE FUNPASS SERVICES YOU AGREE TO BE BOUND BY THE ADDITIONAL TERMS OF SERVICE ATTACHED HERETO AS "EXHIBIT A".

PERSONAL INFORMATION YOU PROVIDE TO RN Inc IS GOVERNED BY THE RN Inc PRIVACY POLICY.

YOU AGREE THAT YOUR USE OF, INCLUDING BUT LIMITED TO INSTALLING, THE SOFTWARE AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

THE GAMES DISTRIBUTED BY RN Inc ARE SUBJECT TO THIS LICENSE AGREEMENT UNLESSSUPERCEDED BY ANOTHER LICENSE AGREEMENT PROVIDED BY A THIRD PARTY AND DISPLAYED PRIOR TO YOUR INSTALLATION OF THAT GAME. USAGE OF THIS SOFTWARE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT.

THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL VERSIONS OF THE , INCLUDING ONLINE GAMES ACQUIRED WITHOUT CHARGE OR DELUXE GAMES FOR WHICH A FEE MAY BE CHARGED OR ACQUIRED AS PART OF A subscription ENTITLEMENT.

THE DELUXE GAMES MAY CONTAIN USE, FEATURE, OR TIME LIMITATIONS. IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL VERSION OF THE DELUXE GAME IF AVAILABLE.


1. GRANT OF LICENSE.

RN Inc 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) RN Inc may modify the terms of this Agreement upon notice to you. RN Inc may terminate this Agreement and any services at any time upon notice to you. RN Inc may provide notice by e-mail or by publishing the changes on its website and you acknowledge and agree that this is sufficient notice.


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 or bogus high scores 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) abuse the payment method so that you do not complete payment or recall payment for any game to which you have installed and for which there is a license fee, regardless of whether you have played that game or not; or (vi) remove any proprietary notices or labels on the Software or Documentation. 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 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 game executables, associated game files, or other game-related information which are downloaded, copied, or played 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 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 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) Every now and then it may occur that we need to take a game offline due to changes in contracts with developers etc. If you have bought that particular recalled game, you should still be able to download the game again via 'My Account'. However, should we be prohibited to offer the game for download from our site, you can get a coupon code to pick another game for free, or you can choose to have your money back if you purchased the game within the last 6 months. Please contact Customer Support in the case that applies to you.


3. RIGHT TO CANCEL INITIAL subscription ORDER

You have the right to cancel your initial subscription order within 14 days of the day you signed up for the Services without giving any reason. The cancellation period will expire after 14 days from when you first subscribed.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by post, fax, or email to GameHouse Europe B.V., PO Box 577, 5600 AN, Eindhoven, The Netherlands. You may use the example text set out below, but this is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effect of Cancelling Initial subscription Order

If you cancel your initial subscription order during the cancellation period, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Any reimbursement due shall be reduced by such amount in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.

Example Cancellation Text

To GameHouse,

I hereby give notice that I cancel my contract for the supply of the following service, FunPass, ordered on [provide date] by [Name].

If printing form out, please sign and date.

Send to:
GameHouse Europe B.V.
PO Box 577
5600 AN Eindhoven
The Netherlands
Fax: +31 40 2391 389