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 for software and games distributed by RealNetworks, Inc. (collectively, "Software") and the GameHouse FunPass subscription and the GameHouse Club  subscription services (collectively, "Services") is a legal agreement between you (either an individual or an entity) and RealNetworks, Inc. including its GameHouse division ("RealNetworks") and its suppliers, distributors and licensors, including game developers (collectively, "RN") and Alpha, Beta, trial, pre-release, free, pay and premium versions of the products. You may install only ONE copy of the Software that you have downloaded 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 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 OR DOWNLOAD ANY GAMES USING IT.

FOR YOUR USE OF THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE FOR GAMEHOUSE FUNPASS ATTACHED HERETO AS EXHIBIT A AND/OR THE TERMS OF SERVICE FOR GAMEHOUSE CLUB ATTACHED HERETO AS EXHIBIT B . 

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 HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

THE GAMES DISTRIBUTED BY RN ARE SUBJECT TO THIS LICENSE AGREEMENT UNLESS SUPERCEDED BY ANOTHER LICENSE AGREEMENT PROVIDED BY A THIRD PARTY AND DISPLAYED PRIOR TO YOUR INSTALLATION OF THAT GAME.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, INCLUDING VERSIONS DOWNLOADED OR ACQUIRED WITHOUT CHARGE ("SHAREWARE"), FULL VERSIONS FOR WHICH A FEE IS CHARGED, SUBSCRIPTION SERVICES AND ANY LICENSE KEYS, IF APPLICABLE.

THE SHAREWARE VERSIONS OF THE GAMES MAY CONTAIN USE, FEATURE, OR TIME LIMITATIONS. 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 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 may modify this License Agreement with respect to free versions of the Software upon 14 days written notice to you, including notice via the communications features described below.


 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 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; or (v) 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 songs and other audio recordings and game executables, associated game files, patches, mods, or other game-related information other than Shareware versions of games, 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.
 

3. COPIES OF SOFTWARE AND ENHANCEMENTS.

If you receive the first copy of the Software 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. BETA RELEASE VERSIONS.

In the event that the Software is a beta release version, the terms of this Section shall apply. Your license to use the Software expires 45 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain 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 the Software, RN reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the Beta Release Versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.

 
5. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").

The Software may include a DRM from RN or third party DRMs as plug-in components which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced 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 party 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 collection or use of information by third party DRMs. You consent to the communications 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 claim relating to your use of a third party DRM.

You acknowledge and agree that in order to protect the integrity of certain third 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 other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected 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 web site explaining the security update and providing instructions to end users for obtaining new versions or further updates of the Software that restore access to secure content and related features.


6. TITLE.
 
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in RN and/or its suppliers. The Software 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 Software including the content contained in the Software 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.
 

7. 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 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 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, 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. RN'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 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 
8. INDEMNIFICATION. 

 This Software is are intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain 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 content. 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 expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, installed, copied or transmitted any materials (other than materials provided by RN) in connection with the Software in violation 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 import and export duties or other claims arising from such importation.
 

9. 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 such termination. You may also terminate this License Agreement at any time by notifying RN in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall within three (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 obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
 

10. NO ASSIGNMENT.

This Agreement is personal to you, and may not be assigned without RN's express written consent.
 

11. MISCELLANEOUS. 
 
a) Arbitration & Jurisdiction. You and RN agree that the exclusive remedy for all 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 final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAAÕs Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The 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 to any other arbitration, including any arbitration involving any other current or former licensee of RN; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration 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 arbitration hereunder (unless determined in another proceeding between you and RN). Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAAÕs 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 arbitration 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 courts sitting in the State of Washington to enforce the provisions of this Section 16 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 arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all 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 governed by the laws of the State of Washington and the Federal Arbitration Act.

b) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by RN or not. The acceptance of any purchase order is you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of RN. If any provision of this 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 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 FOR GAMEHOUSE FUNPASS


1. PAYMENT, CANCELLATION & SERVICES

Following the expiration of a trial period that may be provided to you in the sole discretion of RN, you agree to pay RN the applicable service charges (e.g., monthly, quarterly or annual) for your use of FunPass using a valid credit card, 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 automatically bill the charge card you provide each month or on each applicable subscription period renewal date, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel your FunPass subscription. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable subscription period if not monthly. All payments are completely non-refundable. You may cancel your FunPass subscription at any time, but RN will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account. To ensure that your credit card will not be charged for your next billing period, you MUST cancel your FunPass subscription no later than the day before your next scheduled billing period begins The exceptions to this refund policy are cancellations of a quarterly or annual subscription within the first 30 days following your 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 request 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 may still cancel at any time but all payments will be non-refundable for the unused portion of your annual subscription. In this case, your account will remain active 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 may result in the immediate termination of your FunPass subscription. Once your cancellation is effective, you will no longer have access to FunPass, 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, whichever 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 fees, 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 your FunPass subscription, or your FunPass subscription is terminated. You agree to notify RN about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to RN's attention within 90 days, you agree that you waive your 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. If the subscriber cancels their FunPass subscription at any time during their normal membership or trial period, they forfeit the right to any FunPass free trial for six months. This six-month time period starts from the last day of the previous free trial period.


3. REALNETWORKS' RIGHT TO TERMINATE OR MODIFY THE FUNPASS SUBSCRIPTION

RN may modify the terms of this Agreement or the FunPass subscription, including but not limited to the price, content or nature of the FunPass subscription, upon notice to you. In the event RN modifies the Agreement or the FunPass subscription, you may terminate the subscription. RN may terminate this Agreement and any services at any time upon notice to you, provided that you will be entitled to receive the FunPass subscription services for any period for which you have already paid, or a pro-rata refund at RN's sole discretion. RN may provide notice by e-mail or by publishing the changes on its website and you acknowledge and agree that this is sufficient notice. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from RN to effect such termination. Upon any termination of this Agreement (whether by you or RN), you shall immediately discontinue use of FunPass. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.


4. SERVICE USE RESTRICTIONS

You agree that you shall only use FunPass in a manner that complies with all applicable laws in the jurisdictions in which you use FunPass, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use FunPass; (ii) modify, translate, distribute or create derivative works of FunPass or any of its content; (iii) rent, lease, transfer, or otherwise transfer rights to FunPass; and (iv) remove any proprietary notices or labels on FunPass. You may only use FunPass for your private, non-commercial use. You may not use FunPass in any way to provide, or as part of, any commercial service or application.

You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a content file. FunPass embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means.

In addition to any other remedies available in equity or law to RN and RN's content suppliers, failure to comply with any of the terms and conditions in this Section 4 "Service Use Restrictions" shall immediately terminate your license to the content and FunPass.


5. PERSONAL INFORMATION AND PRIVACY

Personal information you provide to RealNetworks is governed by RealNetworks Privacy Policy at http://www.realnetworks.com/company/privacy/index.html. Your election to use the Software and FunPass, 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@real.com.

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account 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, RN will send you e-mail describing the latest content and how to get access to the content. You agree that as a FunPass subscriber, RN may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the FunPass subscription services, you will receive this e-mail even if you have opted out of receiving other e-mail from RN. If you do not want to receive this e-mail, you may cancel the FunPass subscription service at any time as provided in this Agreement.



 
EXHIBIT B
TERMS OF SERVICE FOR GAMEHOUSE CLUB 


1. ENROLLMENT IN GAMEHOUSE CLUB

In exchange for applicable fees, if any, and subject to certain limitations as described herein, you will receive one game credit that entitles you to a full version PC game (“FunTicket”) per month during your active subscription period.  You may also purchase additional FunTickets at the same price as your monthly subscription rate.  FunTickets do not expire and will continue to accrue as long as you pay your applicable subscription fee.  

By subscribing to GameHouse Club, you represent that you reside in the United States and that you are at lest thirteen (13) years of age.  You agree to abide by the terms and conditions herein and will indemnify and hold RN and its affiliates and distribution and syndication partners harmless from any breach of this Agreement.


2. PAYMENT, CANCELLATION & SERVICES

You agree to pay RN the applicable fees for your use of GameHouse Club in accordance with the billing terms and prices in effect at the time the fee becomes payable.  Applicable fees for GameHouse Club may include a periodic (e.g., monthly, quarterly or annual) subscription fee based on the particular service requested, transaction fees, taxes, and additional fees for the purchase of additional permanent downloads you may choose to purchase.  

We may offer you a one-time, free trial period during which you can try out the GameHouse Club subscription services for free ("Free Trial Period"). The length of any such Free Trial Period, and the particular services included, may vary from time to time, and will be indicated at the time you register for your subscription. If you terminate your subscription prior to the expiration of the Free Trial Period, you will not have any financial obligation with respect to your subscription, and your credit card will not be charged for your use of the service. However, you will be charged for any services you choose to access that are not included within the free trial.  The Free Trial Period will expire at midnight Pacific Standard Time on the last day of the Free Trial Period, and unless you cancel your subscription before such time we will begin to bill your account for the services specified in the free trial offer terms.  The Free Trail may not be transferred.  Each user is entitled to a Free Trial Period only one time per service. If you subscribe to a service after you have already received a Free Trial Period on such service, your credit card will be billed immediately upon registration. Free trials are also limited to one per credit card. Should two customers use the same credit card to subscribe to services, only the first customer is eligible to receive a Free Trial Period. 

Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. one month, one quarter, etc.). At the time of renewal, your credit card will be charged our then-current fees for the applicable subscription, provided that if the fee for your renewal service has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew. 

You authorize RN to automatically bill the charge card you provide each month or on each applicable subscription period renewal date, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel your GameHouse Club subscription. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable subscription period if not monthly. All payments are completely non-refundable. 

You may cancel the GameHouse Club subscription at any time, but RN will not refund any remaining portion of your subscription fees, including any minimum commitments and you are responsible for any financial obligations remaining on your membership, i.e. if you at the time of cancellation have not reached the FunTicket commitment level of you subscription you will be billed for and you agree to pay any outstanding balances due on your GameHouse Club subscription as soon as you cancel the subscription, once you have paid such outstanding balance due, you will receive the outstanding FunTickets. 

To ensure that your credit card will not be charged for your next billing period, you MUST cancel your GameHouse Club subscription no later than the day before your next scheduled billing period begins 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 may result in the immediate termination of your GameHouse Club subscription. Once your cancellation is effective, you will no longer have access to GameHouse Club, and you will no longer receive GameHouse Club member discounts on purchases of downloadable products. RN will assess an additional 1.5% (or the highest amount allowed by law, whichever 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 fees, 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 due as soon as you cancel the GameHouse Club subscription, or your GameHouse Club subscription is terminated. You agree to notify RN about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to RN's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. 


3. REALNETWORKS' RIGHT TO TERMINATE OR MODIFY SERVICES

RN may modify the terms of this Agreement or the GameHouse Club subscription, including but not limited to the price, content or nature of the subscription, upon notice to you. In the event RN modifies the Agreement or the GameHouse Club subscription, you may terminate your subscription. RN may terminate this Agreement and any GameHouse Club subscription services at any time upon notice to you, provided that you will be entitled to receive the GameHouse Club subscription services for any period for which you have already paid, or a pro-rata refund at RN's sole discretion. RN may provide notice by e-mail or by publishing the changes on its website and you acknowledge and agree that this is sufficient notice. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from RN to effect such termination. Upon any termination of this Agreement (whether by you or RN), you shall immediately discontinue use of GameHouse Club. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

 
4. SERVICE USE RESTRICTIONS
 
You agree that you shall only use GameHouse Club in a manner that complies with all applicable laws in the jurisdictions in which you use your GameHouse subscription services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the GameHouse Club subscription services or content; (ii) modify, translate, distribute or create derivative works of GameHouse Club or any of its content; (iii) rent, lease, transfer, or otherwise transfer rights to the GameHouse Club or any of its content; and (iv) remove any proprietary notices or labels on the GameHouse Club subscription service. You may only use GameHouse Club for your private, non-commercial use. You may not use GameHouse Club in any way to provide, or as part of, any commercial service or application.

You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a content file. GameHouse Club embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means. In addition to any other remedies available in equity or law to RN and RN's content suppliers, failure to comply with any of the terms and conditions in this Section 4 "Service Use Restrictions" shall immediately terminate your license to the content and GameHouse Club.
 

5. PERSONAL INFORMATION AND PRIVACY

Personal information you provide to RealNetworks is governed by RealNetworks Privacy Policy at http://www.realnetworks.com/company/privacy/index.html. Your election to use the Software and GameHouse Club subscription, 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@real.com.

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account 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 subscription services are available from time to time, RN will send you e-mail describing the latest content and how to get access to the content. You agree that as a GameHouse Club subscriber, RN may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the subscription services, you will receive this e-mail even if you have opted out of receiving other e-mail from RN. If you do not want to receive this e-mail, you may cancel your GmaeHouse Club subscription at any time as provided in this Agreement.

