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End User License Agreements

Date Last Modified: December 15, 2004

Section 11.   Terms and Conditions – End User License Agreements.

Section 11.1. RealNetworks. Customer purchasing accounts that use RealNetworks, Inc., ("RealNetworks") Streams are using Streams subject to the RealNetworks Licensing Agreement and agree to be bound by RealNetworks End User License Agreement, a copy of which is available online for review at http://www.playstream.com/tc/license/RealNetworks.pdf. PlayStream shall not be liable for any violation of the RealNetworks End User Licensing Agreement by Customer and Customer shall indemnify PlayStream, including all attorney's fees and other costs, if PlayStream shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As PlayStream continuously upgrades our services with RealNetworks, their terms and conditions of their End User License Agreement are subject to change.

Section 11.2. Windows Media. Customer purchasing accounts that use Windows Media are using Streams subject to Microsoft's Licensing Agreement and agree to be bound by Microsoft's Stream License Agreement. You may view a copy of the license agreement at http://www.playstream.com/tc/license/windowsmedia.html. PlayStream shall not be liable for any violation of the Microsoft Windows Media Stream Licensing Agreement by Customer and Customer shall indemnify PlayStream, including all attorney's fees and other costs, if PlayStream shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As PlayStream continuously upgrades our services with Microsoft, their terms and conditions of their License Agreement are subject to change.

Section 11.3. QuickTime. Customer purchasing accounts that use QuickTime Streams are using Streams subject to Apple’s Public Source License Agreement (Darwin 3.0) and agree to be bound by Apple’s Public Source License Agreement as well as subsequent revisions that Apple Computer, Inc., may implement. You may view a copy of Apple’s Public Source License Agreement at http://www.playstream.com/tc/license/quicktime.html. PlayStream shall not be liable for any violation of Apple’s Public Source License Agreement by Customer and Customer shall indemnify PlayStream, including all attorney's fees and other costs, if PlayStream shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As PlayStream continuously upgrades our services with Apple Computer, Inc., their terms and conditions of their License Agreement are subject to change.

Section 11.4. Java Streaming.  Customer purchasing accounts that use Java Streaming are using Streams subject to the Free Software Foundation, Inc.’s GNU Gene ral Public License and agree to be bound by Free Software Foundation, Inc.,’s GNU Gene ral Public License Agreement as well as subsequent revisions that the Free Software Foundation may implement.  You may view a copy of the GNU Gene ral Public License at http://www.playstream.com/tc/license/javalicense.html. PlayStream shall not be liable for any violation of Free Software Foundation, Inc.’s Gene ral Public License Agreement by Customer and Customer shall indemnify PlayStream, including all attorney's fees and other costs, if PlayStream shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As PlayStream continuously upgrades our services with Free Software Foundation, Inc., their terms and conditions of their License Agreement are subject to change.

Section 11.5. Macromedia Flash Communication Server MX. Customer purchasing accounts that use Macromedia’s Flash Communication Server MX are using software subject to Macromedia, Inc.’s (hereinafter referred to as “Macromedia”) End User License Agreement (hereinafter referred to as “EULA”) and agree to be bound by Macromedia’s EULA as well as subsequent revisions that Macromedia may implement. You may view a copy of the EULA at http://www.playstream.com/tc/license/flashcommunicationserver.html. PlayStream shall not be liable for any violation of Macromedia’s EULA by Customer and Customer shall indemnify PlayStream, including all attorney's fees and other costs, if PlayStream shall be held liable for Customer's violation of the EULA by any court of competent jurisdiction. As PlayStream continuously upgrades our services with Macromedia, their terms and conditions of their EULA are subject to change.



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