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Terms & Conditions

These terms and conditions govern your use of the Real.com Accessories Site ("Site") and purchases of products or software licensing ("Products") using the Site (the "Service"), operated by RealNetworks, Inc. ("RN"). By using the Service you consent and agree to these terms and conditions:

1. You may order and purchase or license Products from the Site from third party vendors of such Products ("Vendors"). Certain Product specifications and other information have been provided by the Vendor. RN makes no representations or warranties as to the accuracy of such information. All transactions concerning Products, including, but not limited to, purchase or licensing terms, payment terms, warranties, guarantees, maintenance, delivery, and return policies are solely between Vendor and you and your sole rights and remedies with respect thereto shall be against the Vendor. RN shall not be a party to a transaction between you and Vendor. By using the Service you acknowledge and agree that RN and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with the delivery (or failure to deliver), quality, performance or any other aspect of any products or services ordered through the Service or from any action or inaction of any Vendor. RN makes no warranties or representations whatsoever with regard to any Product provided or offered by any Vendor and you acknowledge that any reliance on representations and warranties, if any, provided by any Vendor shall be at your own risk.

You may also purchase or license over the Site Products manufactured by RN. All purchase or licensing terms, payment terms, warranties, guarantees, maintenance, delivery and return policies for RN manufactured Products are found in the license agreement or bills of sale for those Products.

2. You have the option to purchase Products over the Service using a credit card by sending that information over the Internet to the Vendor to whom your Product order is directed or to RN on behalf of the Vendor. The Service uses the "Secure Sockets Layer," which is intended to encrypt your communication to protect the information from access by unauthorized third parties. However, neither RN nor any Vendor can guarantee that the Secure Sockets Layer will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet, you agree that neither RN nor any Vendor will have any liability for any failure by the encryption technology or otherwise to protect your information.

3. The Service may contain links to other sites on the Internet which are owned and operated by Vendors or other third parties (the "External Sites"). You acknowledge that RN is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

4. RN reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. RN may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability. RN reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by RN as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Service.

5. RN, ANY VENDOR OR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. RN, ANY VENDOR, OR ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, THE CONTENT OR THE PRODUCTS. THE SERVICE, THE CONTENT AND THE PRODUCTS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. RN, VENDORS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCT SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE PRODUCTS AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

6. RN, ANY VENDOR, THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR PRODUCTS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES THE LIABILITY OF RN, VENDORS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. You will pay all taxes, shipping and storage charges. Delivery by RN is f.o.b. RN shipper and title and risk of loss pass to you at that point. All use of software products will be governed by the End User License Agreement included with each software product. These terms, together with any applicable EULAs, represent the entire agreement with you, and supersede prior agreements and any provisions in any of your acceptances, acknowledgments or purchase orders delivered at any time to RN.

You may return any RN manufactured Product in its original condition according to the then current RN return policy found on this Site. Downloaded software for which a refund is requested.must be completely erased from your computer. You must include your unique RMA (Returned Merchandise Authorization) number printed legibly on the outside of your package to return RN Products.

8.This Agreement shall be construed in accordance with the laws of the State of Washington, and the parties irrevocably consent to bring any action to enforce this Agreement in the Federal or state courts located in Seattle, WA. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. This Agreement may not be modified except in a written document signed by RN and you.