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Initial public release of the 2024A software.

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Copyright (c) 1995-2004 RealNetworks, Inc. All Rights Reserved.
The contents of this directory, and (except where otherwise
indicated) the directories included within this directory, are
subject to the current version of the RealNetworks Public Source
License (the "RPSL") available at RPSL.txt in this directory, unless
you have licensed the directory under the current version of the
RealNetworks Community Source License (the "RCSL") available at
RCSL.txt in this directory, in which case the RCSL will apply. You
may also obtain the license terms directly from RealNetworks. You
may not use the files in this directory except in compliance with the
RPSL or, if you have a valid RCSL with RealNetworks applicable to
this directory, the RCSL. Please see the applicable RPSL or RCSL for
the rights, obligations and limitations governing use of the contents
of the directory.
This directory is part of the Helix DNA Technology. RealNetworks is
the developer of the Original Code and owns the copyrights in the
portions it created.
This directory, and the directories included with this directory, are
distributed and made available on an 'AS IS' basis, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND REALNETWORKS HEREBY
DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT OR NON-INFRINGEMENT.
Technology Compatibility Kit Test Suite(s) Location:
http://www.helixcommunity.org/content/tck

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The RCSL is made up of a base agreement and a few Attachments.
For Research and Development use, you agree to the terms of the
RCSL R&D License (base RCSL and Attachments A, B, and C)
For Commercial Use (either distribution or internal commercial
deployment) of the Helix DNA with or without support for RealNetworks'
RealAudio and RealVideo Add-on Technology, you agree to the
terms of the same RCSL R&D license
and execute one or more additional Commercial Use License attachments
<see http://www.helixcommunity.org/content/rcsl-attachments>.
------------------------------------------------------------------------
REALNETWORKS COMMUNITY SOURCE LICENSE
Version 1.2 (Rev. Date: January 22, 2003).
RECITALS
Original Contributor has developed Specifications, Source Code
implementations and Executables of certain Technology; and
Original Contributor desires to license the Technology to a large
community to facilitate research, innovation and product development
while maintaining compatibility of such products with the Technology as
delivered by Original Contributor; and
Original Contributor desires to license certain Trademarks for the
purpose of branding products that are compatible with the relevant
Technology delivered by Original Contributor; and
You desire to license the Technology and possibly certain Trademarks
from Original Contributor on the terms and conditions specified in this
License.
In consideration for the mutual covenants contained herein, You and
Original Contributor agree as follows:
AGREEMENT
*1. Introduction.*
The RealNetworks Community Source License ("RCSL") and effective
attachments ("License") may include five distinct licenses:
i) Research Use license -- License plus Attachments A, B and C only.
ii) Commercial Use and Trademark License, which may be for Internal
Deployment Use or external distribution, or both -- License plus
Attachments A, B, C, and D.
iii) Technology Compatibility Kit (TCK) license -- Attachment C.
iv) Add-On Technology License (Executable) Commercial Use License
-Attachment F.
v) Add-On Technology Source Code Porting and Optimization
License-Attachment G.
The Research Use license is effective when You click and accept this
License. The TCK is effective when You click and accept this License,
unless otherwise specified in the TCK attachments. The Commercial Use
and Trademark, Add-On Technology License, and the Add-On Technology
Source Code Porting and Optimization licenses must each be signed by You
and Original Contributor to become effective. Once effective, these
licenses and the associated requirements and responsibilities are
cumulative. Capitalized terms used in this License are defined in the
Glossary.
*2. License Grants.*
2.1 Original Contributor Grant.
Subject to Your compliance with Sections 3, 8.10 and Attachment A of
this License, Original Contributor grants to You a worldwide,
royalty-free, non-exclusive license, to the extent of Original
Contributor's Intellectual Property Rights covering the Original Code,
Upgraded Code and Specifications, to do the following:
(a) Research Use License:
(i) use, reproduce and modify the Original Code, Upgraded Code and
Specifications to create Modifications and Reformatted Specifications
for Research Use by You;
(ii) publish and display Original Code, Upgraded Code and Specifications
with, or as part of Modifications, as permitted under Section 3.1(b) below;
(iii) reproduce and distribute copies of Original Code and Upgraded Code
to Licensees and students for Research Use by You;
(iv) compile, reproduce and distribute Original Code and Upgraded Code
in Executable form, and Reformatted Specifications to anyone for
Research Use by You.
(b) Other than the licenses expressly granted in this License, Original
Contributor retains all right, title, and interest in Original Code and
Upgraded Code and Specifications.
2.2 Your Grants.
(a) To Other Licensees. You hereby grant to each Licensee a license to
Your Error Corrections and Shared Modifications, of the same scope and
extent as Original Contributor's licenses under Section 2.1 a) above
relative to Research Use and Attachment D relative to Commercial Use.
(b) To Original Contributor. You hereby grant to Original Contributor a
worldwide, royalty-free, non-exclusive, perpetual and irrevocable
license, to the extent of Your Intellectual Property Rights covering
Your Error Corrections, Shared Modifications and Reformatted
Specifications, to use, reproduce, modify, display and distribute Your
Error Corrections, Shared Modifications and Reformatted Specifications,
in any form, including the right to sublicense such rights through
multiple tiers of distribution.
(c) Other than the licenses expressly granted in Sections 2.2(a) and (b)
above, and the restrictions set forth in Section 3.1(d)(iv) below, You
retain all right, title, and interest in Your Error Corrections, Shared
Modifications and Reformatted Specifications.
2.3 Contributor Modifications.
You may use, reproduce, modify, display and distribute Contributor Error
Corrections, Shared Modifications and Reformatted Specifications,
obtained by You under this License, to the same scope and extent as with
Original Code, Upgraded Code and Specifications.
2.4 Subcontracting.
You may deliver the Source Code of Covered Code to other Licensees
having at least a Research Use license, for the sole purpose of
furnishing development services to You in connection with Your rights
granted in this License. All such Licensees must execute appropriate
documents with respect to such work consistent with the terms of this
License, and acknowledging their work-made-for-hire status or assigning
exclusive right to the work product and associated Intellectual Property
Rights to You.
*3. Requirements and Responsibilities*.
3.1 Research Use License.
As a condition of exercising the rights granted under Section 2.1(a)
above, You agree to comply with the following:
(a) Your Contribution to the Community. All Error Corrections and Shared
Modifications which You create or contribute to are automatically
subject to the licenses granted under Section 2.2 above. You are
encouraged to license all of Your other Modifications under Section 2.2
as Shared Modifications, but are not required to do so. You agree to
notify Original Contributor of any errors in the Specification.
(b) Source Code Availability. You agree to provide all Your Error
Corrections to Original Contributor as soon as reasonably practicable
and, in any event, prior to Internal Deployment Use or Commercial Use,
if applicable. Original Contributor may, at its discretion, post Source
Code for Your Error Corrections and Shared Modifications on the
Community Webserver. You may also post Error Corrections and Shared
Modifications on a web-server of Your choice; provided, that You must
take reasonable precautions to ensure that only Licensees have access to
such Error Corrections and Shared Modifications. Such precautions shall
include, without limitation, a password protection scheme limited to
Licensees and a click-on, download certification of Licensee status
required of those attempting to download from the server. An example of
an acceptable certification is attached as Attachment A-2.
(c) Notices. All Error Corrections and Shared Modifications You create
or contribute to must include a file documenting the additions and
changes You made and the date of such additions and changes. You must
also include the notice set forth in Attachment A-1 in the file header.
If it is not possible to put the notice in a particular Source Code file
due to its structure, then You must include the notice in a location
(such as a relevant directory file), where a recipient would be most
likely to look for such a notice.
(d) Redistribution.
(i) Source. Covered Code may be distributed in Source Code form only to
another Licensee (except for students as provided below). You may not
offer or impose any terms on any Covered Code that alter the rights,
requirements, or responsibilities of such Licensee. You may distribute
Covered Code to students for use in connection with their course work
and research projects undertaken at accredited educational institutions.
Such students need not be Licensees, but must be given a copy of the
notice set forth in Attachment A-3 and such notice must also be included
in a file header or prominent location in the Source Code made available
to such students.
(ii) Executable. You may distribute Executable version(s) of Covered
Code to Licensees and other third parties only for the purpose of
evaluation and comment in connection with Research Use by You and under
a license of Your choice, but which limits use of such Executable
version(s) of Covered Code only to that purpose.
(iii) Modified Class, Interface and Package Naming. In connection with
Research Use by You only, You may use Original Contributor's class,
Interface and package names only to accurately reference or invoke the
Source Code files You modify. Original Contributor grants to You a
limited license to the extent necessary for such purposes.
(iv) You expressly agree that any distribution, in whole or in part, of
Modifications developed by You shall only be done pursuant to the terms
and conditions of this License.
(e) Extensions.
(i) Covered Code. You may not include any Source Code of Community Code
in any Extensions. You may include the compiled Header Files of
Community Code in an Extension provided that Your use of the Covered
Code, including Heading Files, complies with the Commercial Use License,
the TCK and all other terms of this License.
(ii) Publication. No later than the date on which You first distribute
such Extension for Commercial Use, You must publish to the industry, on
a non-confidential basis and free of all copyright restrictions with
respect to reproduction and use, an accurate and current specification
for any Extension. In addition, You must make available an appropriate
test suite, pursuant to the same rights as the specification,
sufficiently detailed to allow any third party reasonably skilled in the
technology to produce implementations of the Extension compatible with
the specification. Such test suites must be made available as soon as
reasonably practicable but, in no event, later than ninety (90) days
after Your first Commercial Use of the Extension. You must use
reasonable efforts to promptly clarify and correct the specification and
the test suite upon written request by Original Contributor.
(iii) Open. You agree to refrain from enforcing any Intellectual
Property Rights You may have covering any interface(s) of Your
Extension, which would prevent the implementation of such interface(s)
by Original Contributor or any Licensee. This obligation does not
prevent You from enforcing any Intellectual Property Right You have that
would otherwise be infringed by an implementation of Your Extension.
(iv) Interface Modifications and Naming. You may not modify or add to
the GUID space * * "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other
GUID space designated by Original Contributor. You may not modify any
Interface prefix provided with the Covered Code or any other prefix
designated by Original Contributor.* *
* *
(f) You agree that any Specifications provided to You by Original
Contributor are confidential and proprietary information of Original
Contributor. You must maintain the confidentiality of the Specifications
and may not disclose them to any third party without Original
Contributor's prior written consent. You may only use the Specifications
under the terms of this License and only for the purpose of implementing
the terms of this License with respect to Covered Code. You agree not
use, copy or distribute any such Specifications except as provided in
writing by Original Contributor.
3.2 Commercial Use License.
You may not make Commercial Use of any Covered Code unless You and
Original Contributor have executed a copy of the Commercial Use and
Trademark License attached as Attachment D.
*4. Versions of the License.*
4.1 License Versions.
Original Contributor may publish revised versions of the License from
time to time. Each version will be given a distinguishing version number.
4.2 Effect.
Once a particular version of Covered Code has been provided under a
version of the License, You may always continue to use such Covered Code
under the terms of that version of the License. You may also choose to
use such Covered Code under the terms of any subsequent version of the
License. No one other than Original Contributor has the right to
promulgate License versions.
4.3 Multiple-Licensed Code.
Original Contributor may designate portions of the Covered Code as
"Multiple-Licensed." "Multiple-Licensed" means that the Original
Contributor permits You to utilize those designated portions of the
Covered Code under Your choice of this License or the alternative
license(s), if any, specified by the Original Contributor in an
Attachment to this License.
*5. Disclaimer of Warranty.*
5.1 COVERED CODE PROVIDED AS IS.
COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE
RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER
THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT SUBJECT TO THIS DISCLAIMER.
5.2 Not Designed for High Risk Activities.
You acknowledge that Original Code, Upgraded Code and Specifications are
not designed or intended for use in high risk activities including, but
not limited to: (i) on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or (ii) in the design,
construction, operation or maintenance of any nuclear facility. Original
Contributor disclaims any express or implied warranty of fitness for
such uses.
*6. Termination.*
6.1 By You.
You may terminate this Research Use license at anytime by providing
written notice to Original Contributor.
6.2 By Original Contributor.
This License and the rights granted hereunder will terminate:
(i) automatically if You fail to comply with the terms of this License
and fail to cure such breach within 30 days of receipt of written notice
of the breach;
(ii) immediately in the event of circumstances specified in Sections 7.1
and 8.4; or
(iii) at Original Contributor's discretion upon any action initiated by
You (including by cross-claim or counter claim) alleging that use or
distribution by Original Contributor or any Licensee, of Original Code,
Upgraded Code, Error Corrections, Shared Modifications or Specifications
infringe a patent owned or controlled by You.
6.3 Effective of Termination.
Upon termination, You agree to discontinue use of and destroy all copies
of Covered Code in Your possession. All sublicenses to the Covered Code
which You have properly granted shall survive any termination of this
License. Provisions that, by their nature, should remain in effect
beyond the termination of this License shall survive including, without
limitation, Sections 2.2, 3, 5, 7 and 8.
6.4 No Compensation.
Each party waives and releases the other from any claim to compensation
or indemnity for permitted or lawful termination of the business
relationship established by this License.
*7. Liability.*
7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or
Specifications ("Materials") become the subject of a claim of
infringement, Original Contributor may, at its sole option, (i) attempt
to procure the rights necessary for You to continue using the Materials,
(ii) modify the Materials so that they are no longer infringing, or
(iii) terminate Your right to use the Materials, immediately upon
written notice, and refund to You the amount, if any, having then
actually been paid by You to Original Contributor for the Original Code,
Upgraded Code and TCK, depreciated on a straight line, five year basis.
7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE
LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS
LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED
PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO
ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR
ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS
PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL YOU (RELATIVE TO YOUR
SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR RISING OUT OF THIS LICENSE (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC
ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN
AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
*8. Miscellaneous.*
8.1 Trademark.
You shall not use any Trademark unless You and Original Contributor
execute a copy of the Commercial Use and Trademark License Agreement
attached hereto as Attachment D. Except as expressly provided in the
License, You are granted no right, title or license to, or interest in,
any Trademarks. Whether or not You and Original Contributor enter into
the Trademark License, You agree not to (i) challenge Original
Contributor's ownership or use of Trademarks; (ii) attempt to register
any Trademarks, or any mark or logo substantially similar thereto; or
(iii) incorporate any Trademarks into Your own trademarks, product
names, service marks, company names, or domain names.
8.2 Integration.
This License represents the complete agreement concerning the subject
matter hereof.
8.3 Assignment.
Original Contributor may assign this License, and its rights and
obligations hereunder, in its sole discretion. You may assign the
Research Use portions of this License and the TCK license to a third
party upon prior written notice to Original Contributor (which may be
provided electronically via the Community Web-Server). You may not
assign the Commercial Use and Trademark license, the Add-On Technology
License, or the Add-On Technology Source Code Porting License, including
by way of merger (regardless of whether You are the surviving entity) or
acquisition, without Original Contributor's prior written consent.
8.4 Severability.
If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. Notwithstanding the foregoing, if You are prohibited by law
from fully and specifically complying with Sections 2.2 or 3, this
License will immediately terminate and You must immediately discontinue
any use of Covered Code.
8.5 Governing Law.
This License shall be governed by the laws of the United States and the
State of Washington, as applied to contracts entered into and to be
performed in Washington between Washington residents. The application of
the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. You agree that the state and federal courts
located in Seattle, Washington have exclusive jurisdiction over any
claim relating to the License, including contract and tort claims.
8.6 Dispute Resolution.
a) Arbitration. Any dispute arising out of or relating to this License
shall be finally settled by arbitration as set out herein, except that
either party may bring any action, in a court of competent jurisdiction
(which jurisdiction shall be exclusive), with respect to any dispute
relating to such party's Intellectual Property Rights or with respect to
Your compliance with the TCK license. Arbitration shall be administered:
(i) by the American Arbitration Association (AAA), (ii) in accordance
with the rules of the United Nations Commission on International Trade
Law (UNCITRAL) (the "Rules") in effect at the time of arbitration as
modified herein; and (iii) the arbitrator will apply the substantive
laws of Washington and the United States. Judgment upon the award
rendered by the arbitrator may be entered in any court having
jurisdiction to enforce such award.
b) Arbitration language, venue and damages. All arbitration proceedings
shall be conducted in English by a single arbitrator selected in
accordance with the Rules, who must be fluent in English and be either a
retired judge or practicing attorney having at least ten (10) years
litigation experience and be reasonably familiar with the technology
matters relative to the dispute. Unless otherwise agreed, arbitration
venue shall be in Seattle, Washington. The arbitrator may award monetary
damages only and nothing shall preclude either party from seeking
provisional or emergency relief from a court of competent jurisdiction.
The arbitrator shall have no authority to award damages in excess of
those permitted in this License and any such award in excess is void.
All awards will be payable in U.S. dollars and may include, for the
prevailing party (i) pre-judgment award interest, (ii) reasonable
attorneys' fees incurred in connection with the arbitration, and (iii)
reasonable costs and expenses incurred in enforcing the award. The
arbitrator will order each party to produce identified documents and
respond to no more than twenty-five single question interrogatories.
8.7 Construction.
Any law or regulation, which provides that the language of a contract
shall be construed against the drafter, shall not apply to this License.
8.8 U.S. Government End Users.
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
You agree to pass this notice to our licensees.
8.9 Marketing Activities.
Licensee hereby grants Original Contributor a non-exclusive,
non-transferable, limited license to use the Licensee's company name and
logo ("Licensee Marks") in any presentations, press releases, or
marketing materials solely for the purpose of identifying Licensee as a
member of the Helix Community. Licensee shall provide samples of
Licensee Marks to Original Contributor upon request by Original
Contributor. Original Contributor acknowledges that the Licensee Marks
are the trademarks of Licensee. Original Contributor shall not use the
Licensee Marks in a way that may imply that Original Contributor is an
agency or branch of Licensee. Original Contributor understands and
agrees that the use of any Licensee Marks in connection with this
Agreement shall not create any right, title or interest, in, or to the
Licensee Marks or any Licensee trademarks and that all such use and
goodwill associated with any such trademarks will inure to the benefit
of Licensee. Further the Original Contributor will stop usage of the
Licensee Marks upon Licensee's request.
8.10 Press Announcements.
You may make press announcements or other public statements regarding
this License without the prior written consent of the Original
Contributor, if Your statement is limited to announcing the licensing of
the Covered Code or the availability of Your Product and its
compatibility with the Covered Code. All other public announcements
regarding this license require the prior written consent of the Original
Contributor. Consent requests are welcome at press@helixcommunity.org.
8.11 International Use.
a) Export/Import laws. Covered Code is subject to U.S. export control
laws and may be subject to export or import regulations in other
countries. Each party agrees to comply strictly with all such laws and
regulations and acknowledges their responsibility to obtain such
licenses to export, re-export, or import as may be required. You agree
to pass these obligations to Your licensees.
b) Intellectual Property Protection. Due to limited intellectual
property protection and enforcement in certain countries, You agree not
to redistribute the Original Code, Upgraded Code, TCK and Specifications
to any country on the list of restricted countries on the Community Web
Server.
8.12 Language.
This License is in the English language only, which language shall be
controlling in all respects, and all versions of this License in any
other language shall be for accommodation only and shall not be binding
on the parties to this License. All communications and notices made or
given pursuant to this License, and all documentation and support to be
provided, unless otherwise noted, shall be in the English language.
PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE
"ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND
CONDITIONS OF THIS LICENSE WITH REALNETWORKS, INC. IF YOU ARE AGREEING
TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE
AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER YOU ARE ACTING
ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY, YOU MUST BE OF MAJORITY
AGE AND BE OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT
MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND
CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT.
GLOSSARY
1. *"Added Value"* means code which:
(i) has a principal purpose which is substantially different from that
of the stand-alone Technology;
(ii) represents a significant functional and value enhancement to the
Technology;
(iii) operates in conjunction with the Technology; and
(iv) is not marketed as a technology which replaces or substitutes for
the Technology
2. "*Applicable Patent Rights*" mean: (a) in the case where Original
Contributor is the grantor of rights, claims of patents that (i) are now
or hereafter acquired, owned by or assigned to Original Contributor and
(ii) are necessarily infringed by using or making the Original Code or
Upgraded Code, including Modifications provided by Original Contributor,
alone and not in combination with other software or hardware; and (b) in
the case where Licensee is the grantor of rights, claims of patents that
(i) are now or hereafter acquired, owned by or assigned to Licensee and
(ii) are infringed (directly or indirectly) by using or making
Licensee's Modifications or Error Corrections, taken alone or in
combination with Covered Code.
3. "*Application Programming Interfaces (APIs)"* means the interfaces,
associated header files, service provider interfaces, and protocols that
enable a device, application, Operating System, or other program to
obtain services from or make requests of (or provide services in
response to requests from) other programs, and to use, benefit from, or
rely on the resources, facilities, and capabilities of the relevant
programs using the APIs. APIs includes the technical documentation
describing the APIs, the Source Code constituting the API, and any
Header Files used with the APIs.
4. "*Commercial Use*" means any use (internal or external), copying,
sublicensing or distribution (internal or external), directly or
indirectly of Covered Code by You other than Your Research Use of
Covered Code within Your business or organization or in conjunction with
other Licensees with equivalent Research Use rights. Commercial Use
includes any use of the Covered Code for direct or indirect commercial
or strategic gain, advantage or other business purpose. Any Commercial
Use requires execution of Attachment D by You and Original Contributor.
5. "*Community Code*" means the Original Code, Upgraded Code, Error
Corrections, Shared Modifications, or any combination thereof.
6. "*Community Webserver(s)"* means the webservers designated by
Original Contributor for access to the Original Code, Upgraded Code, TCK
and Specifications and for posting Error Corrections and Shared
Modifications.
7. "*Compliant Covered Code*" means Covered Code that complies with the
requirements of the TCK.
8. "*Contributor*" means each Licensee that creates or contributes to
the creation of any Error Correction or Shared Modification.
9. "*Covered Code*" means the Original Code, Upgraded Code,
Modifications, or any combination thereof.
10. "*Error Correction*" means any change made to Community Code which
conforms to the Specification and corrects the adverse effect of a
failure of Community Code to perform any function set forth in or
required by the Specifications.
11. "*Executable*" means Covered Code that has been converted from
Source Code to the preferred form for execution by a computer or digital
processor (e.g. binary form).
12. "*Extension(s)"* means any additional Interfaces developed by or for
You which: (i) are designed for use with the Technology; (ii) constitute
an API for a library of computing functions or services; and (iii) are
disclosed or otherwise made available to third party software developers
for the purpose of developing software which invokes such additional
Interfaces. The foregoing shall not apply to software developed by Your
subcontractors to be exclusively used by You.
13. "*Header File(s)"* means that portion of the Source Code that
provides the names and types of member functions, data members, class
definitions, and interface definitions necessary to implement the APIs
for the Covered Code. Header Files include, files specifically
designated by Original Contributor as Header Files. Header Files do not
include the code necessary to implement the functionality underlying the
Interface.
14. *"Helix DNA Server Technology"* means the program(s) that implement
the Helix Universal Server streaming engine for the Technology as
defined in the Specification.
15. *"Helix DNA Client Technology"* means the Covered Code that
implements the RealOne Player engine as defined in the Specification.
16. *"Helix DNA Producer Technology"* means the Covered Code that
implements the Helix Producer engine as defined in the Specification.
17. *"Helix DNA Technology"* means the Helix DNA Server Technology, the
Helix DNA Client Technology, the Helix DNA Producer Technology and other
Helix technologies designated by Original Contributor.
18. "*Intellectual Property Rights*" means worldwide statutory and
common law rights associated solely with (i) Applicable Patent Rights;
(ii) works of authorship including copyrights, copyright applications,
copyright registrations and "moral rights"; (iii) the protection of
trade and industrial secrets and confidential information; and (iv)
divisions, continuations, renewals, and re-issuances of the foregoing
now existing or acquired in the future.
19. *"Interface*" means interfaces, functions, properties, class
definitions, APIs, Header Files, GUIDs, V-Tables, and/or protocols
allowing one piece of software, firmware or hardware to communicate or
interoperate with another piece of software, firmware or hardware.
20. "*Internal Deployment Use*" means use of Compliant Covered Code
(excluding Research Use) within Your business or organization only by
Your employees and/or agents on behalf of Your business or organization,
but not to provide services, including content distribution, to third
parties, subject to execution of Attachment D by You and Original
Contributor, if required.
21. "*Licensee*" means any party that has entered into and has in effect
a version of this License with Original Contributor.
22. "*MIME type*" means a description of what type of media or other
content is in a file, including by way of example but not limited to
'audio/x-pn-realaudio-plugin.'
23. "*Modification(s)"* means (i) any addition to, deletion from and/or
change to the substance and/or structure of the Covered Code, including
Interfaces; (ii) the combination of any Covered Code and any previous
Modifications; (iii) any new file or other representation of computer
program statements that contains any portion of Covered Code; and/or
(iv) any new Source Code implementing any portion of the Specifications.
24. "*MP3 Patents*" means any patents necessary to make, use or sell
technology implementing any portion of the specification developed by
the Moving Picture Experts Group known as MPEG-1 Audio Layer-3 or MP3,
including but not limited to all past and future versions, profiles,
extensions, parts and amendments relating to the MP3 specification.
25. "*MPEG-4 Patents*" means any patents necessary to make, use or sell
technology implementing any portion of the specification developed by
the Moving Pictures Experts Group known as MPEG-4, including but not
limited to all past and future versions, profiles, extensions, parts and
amendments relating to the MPEG-4 specification.
26. "*Original Code*" means the initial Source Code for the Technology
as described on the Community Web Server.
27. "*Original Contributor*" means RealNetworks, Inc., its affiliates
and its successors and assigns.
28. "*Original Contributor MIME Type*" means the MIME registry, browser
preferences, or local file/protocol associations invoking any Helix DNA
Client-based application, including the RealOne Player, for playback of
RealAudio, RealVideo, other RealMedia MIME types or datatypes (e.g.,
.ram, .rnx, .rpm, .ra, .rm, .rp, .rt, .rf, .prx, .mpe, .rmp, .rmj, .rav,
.rjs, .rmx, .rjt, .rms), and any other Original Contributor-specific or
proprietary MIME types that Original Contributor may introduce in the
future.
29. "*Personal Use*" means use of Covered Code by an individual solely
for his or her personal, private and non-commercial purposes. An
individual's use of Covered Code in his or her capacity as an officer,
employee, member, independent contractor or agent of a corporation,
business or organization (commercial or non-commercial) does not qualify
as Personal Use.
30. "*RealMedia File Format*" means the file format designed and
developed by RealNetworks for storing multimedia data and used to store
RealAudio and RealVideo encoded streams. Valid RealMedia File Format
extensions include: .rm, .rmj, .rmc, .rmvb, .rms.
31. "*RCSL Webpage*" means the RealNetworks Community Source License
webpage located at https://www.helixcommunity.org/content/rcsl or such
other URL that Original Contributor may designate from time to time.
32. "*Reformatted Specifications*" means any revision to the
Specifications which translates or reformats the Specifications (as for
example in connection with Your documentation) but which does not alter,
subset or superset * *the functional or operational aspects of the
Specifications.
33. "*Research Use*" means use and distribution of Covered Code only for
Your Personal Use, research or development use and expressly excludes
Internal Deployment Use and Commercial Use. Research Use also includes
use of Covered Code to teach individuals how to use Covered Code.
34. "*Shared Modifications*" means Modifications that You distribute or
use for a Commercial Use, in addition to any Modifications provided by
You, at Your option, pursuant to Section 2.2, or received by You from a
Contributor pursuant to Section 2.3.
35. "*Source Code*" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
36. "*Specifications*" means the specifications for the Technology and
other documentation, as designated on the Community Web Server, as may
be revised by Original Contributor from time to time.
37. "*Trademarks*" means Original Contributor's trademarks and logos,
including, but not limited to, RealNetworks, RealAudio, RealVideo,
RealOne, RealSystem, SureStream, Helix, Helix DNA and other trademarks
whether now used or adopted in the future.
38. "*Technology*" means the technology described in Attachment B, and
Upgrades.
39. "*Technology Compatibility Kit"* or *"TCK*" means the test programs,
procedures, acceptance criteria and/or other requirements, designated by
Original Contributor for use in verifying compliance of Covered Code
with the Specifications, in conjunction with the Original Code and
Upgraded Code. Original Contributor may, in its sole discretion and from
time to time, revise a TCK to correct errors and/or omissions and in
connection with Upgrades.
40. "*Upgrade(s)"* means new versions of Technology designated
exclusively by Original Contributor as an "Upgrade" and released by
Original Contributor from time to time under the terms of the License.
41. "*Upgraded Code*" means the Source Code and/or Executables for
Upgrades, possibly including Modifications made by Contributors.
42. *"User's Guide"* means the users guide for the TCK which Original
Contributor makes available to You to provide direction in how to run
the TCK and properly interpret the results, as may be revised by
Original Contributor from time to time.
43. "*You(r)*" means an individual, or a legal entity acting by and
through an individual or individuals, exercising rights either under
this License or under a future version of this License issued pursuant
to Section 4.1. For legal entities, "You(r)" includes any entity that by
majority voting interest controls, is controlled by, or is under common
control with You.
44. "*Your Products*" means any (i) hardware products You distribute
integrating the Covered Code; (ii) any software products You distribute
with the Covered Code that utilize the APIs of the Covered Code; or
(iii) any services You provide using the Covered Code.
ATTACHMENT A
REQUIRED NOTICES
ATTACHMENT A-1
REQUIRED IN ALL CASES
Notice to be included in header file of all Error Corrections and Shared
Modifications:
Portions Copyright 1994-2003 © RealNetworks, Inc. All rights reserved.
The contents of this file, and the files included with this file, are
subject to the current version of RealNetworks Community Source License
Version 1.1 (the "License"). You may not use this file except in
compliance with the License executed by both You and RealNetworks. You
may obtain a copy of the License at *
https://www.helixcommunity.org/content/rcsl.* You may also obtain a copy
of the License by contacting RealNetworks directly. Please see the
License for the rights, obligations and limitations governing use of the
contents of the file.
This file is part of the Helix DNA technology. RealNetworks, Inc., is
the developer of the Original code and owns the copyrights in the
portions it created.
This file, and the files included with this file, are distributed on an
'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Contributor(s):
_______________________________________________
Technology Compatibility Kit Test Suite(s) Location:
________________________________
ATTACHMENT A-2
SAMPLE LICENSEE CERTIFICATION
"By clicking the `Agree' button below, You certify that You are a
Licensee in good standing under the RealNetworks Community Source
License, ("License") and that Your access, use and distribution of code
and information You may obtain at this site is subject to the License.
If You are not a Licensee under the RealNetworks Community Source
License You agree not to download, copy or use the Helix DNA technology.
ATTACHMENT A-3
REQUIRED STUDENT NOTIFICATION
"This software and related documentation has been obtained by Your
educational institution subject to the RealNetworks Community Source
License. You have been provided access to the software and related
documentation for use only in connection with your course work and
research activities as a matriculated student of Your educational
institution. Any other use is expressly prohibited.
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF
REALNETWORKS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY
RIGHTS.
You may not use this file except in compliance with the License. You may
obtain a copy of the License on the web at
https://www.helixcommunity.org/content/rcsl.
*
*
ATTACHMENT B
Description of Technology
Helix DNA, which consists of Helix DNA Client, Helix DNA Server and
Helix DNA Producer.
Description of "Technology"
Helix DNA Technology v1.0 as described on the Community Web Server.
ATTACHMENT C
TECHNOLOGY COMPATIBILITY KIT LICENSE
The following license is effective for the *Helix DNA* Technology
Compatibility Kit - as described on the Community Web Server. The
Technology Compatibility Kit(s) for the Technology specified in
Attachment B may be accessed at the Community Web Server.
1. TCK License.
1.1 Grants to use TCK
Subject to the terms and restrictions set forth below and the
RealNetworks Community Source License, and the Research Use license,
Original Contributor grants to You a worldwide, non-exclusive,
non-transferable license, to the extent of Original Contributor's
Intellectual Property Rights in the TCK (without the right to
sublicense), to use the TCK to develop and test Covered Code.
1.2 TCK Use Restrictions.
You are not authorized to create derivative works of the TCK or use the
TCK to test any implementation of the Specification that is not Covered
Code. You may not publish Your test results or make claims of
comparative compatibility with respect to other implementations of the
Specification. In consideration for the license grant in Section 1.1
above You agree not to develop Your own tests that are intended to
validate conformation with the Specification.
2. Test Results.
You agree to provide to Original Contributor or the third party test
facility if applicable, Your test results that demonstrate that Covered
Code is Compliant Covered Code and that Original Contributor may publish
or otherwise distribute such test results.
PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE
"ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND
CONDITIONS OF THIS LICENSE WITH THE ORIGINAL CONTRIBUTOR, REALNETWORKS,
INC. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU
REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE.
WHETHER YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY,
YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE COMPETENT TO ENTER INTO
CONTRACTS. IF YOU DO NOT MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY
OF THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON
TO EXIT.
*ACCEPT / REJECT
*
*
*
*To agree to the R&D/academic terms of this license, please register
<https://www.helixcommunity.org/2002/intro/why-register> on the site --
you will then be given a chance to agree to the clickwrap RCSL
<https://reguseronly.helixcommunity.org/2002/clickwrap/rcsl-clickwrap>
R&D License
<https://reguseronly.helixcommunity.org/2002/clickwrap/rcsl-clickwrap>
and gain access to the RCSL-licensed source code. To build or deploy
commercial applications based on the RCSL, you will need to agree to the
Commercial Use license attachments
<https://www.helixcommunity.org/content/rcsl-attachments>*

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RealNetworks Public Source License Version 1.0
(Rev. Date October 28, 2002)
1. General Definitions. This License applies to any program or other work which
RealNetworks, Inc., or any other entity that elects to use this license,
("Licensor") makes publicly available and which contains a notice placed by
Licensor identifying such program or work as "Original Code" and stating that it
is subject to the terms of this RealNetworks Public Source License version 1.0
(or subsequent version thereof) ("License"). You are not required to accept this
License. However, nothing else grants You permission to use, copy, modify or
distribute the software or its derivative works. These actions are prohibited by
law if You do not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You indicate your
acceptance of this License to do so, and all its terms and conditions. In
addition, you agree to the terms of this License by clicking the Accept button
or downloading the software. As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor is the
grantor of rights, claims of patents that (i) are now or hereafter acquired,
owned by or assigned to Licensor and (ii) are necessarily infringed by using or
making the Original Code alone and not in combination with other software or
hardware; and (b) in the case where You are the grantor of rights, claims of
patents that (i) are now or hereafter acquired, owned by or assigned to You and
(ii) are infringed (directly or indirectly) by using or making Your
Modifications, taken alone or in combination with Original Code.
1.2 "Compatible Source License" means any one of the licenses listed on Exhibit
B or at https://www.helixcommunity.org/content/complicense or other licenses
specifically identified by Licensor in writing. Notwithstanding any term to the
contrary in any Compatible Source License, any code covered by any Compatible
Source License that is used with Covered Code must be made readily available in
Source Code format for royalty-free use under the terms of the Compatible Source
License or this License.
1.3 "Contributor" means any person or entity that creates or contributes to the
creation of Modifications.
1.4 "Covered Code" means the Original Code, Modifications, the combination of
Original Code and any Modifications, and/or any respective portions thereof.
1.5 "Deploy" means to use, sublicense or distribute Covered Code other than for
Your internal research and development (R&D) and/or Personal Use, and includes
without limitation, any and all internal use or distribution of Covered Code
within Your business or organization except for R&D use and/or Personal Use, as
well as direct or indirect sublicensing or distribution of Covered Code by You
to any third party in any form or manner.
1.6 "Derivative Work" means either the Covered Code or any derivative work under
United States copyright law, and including any work containing or including any
portion of the Covered Code or Modifications, either verbatim or with
modifications and/or translated into another language. Derivative Work also
includes any work which combines any portion of Covered Code or Modifications
with code not otherwise governed by the terms of this License.
1.7 "Externally Deploy" means to Deploy the Covered Code in any way that may be
accessed or used by anyone other than You, used to provide any services to
anyone other than You, or used in any way to deliver any content to anyone other
than You, whether the Covered Code is distributed to those parties, made
available as an application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than You.
1.8. "Interface" means interfaces, functions, properties, class definitions,
APIs, header files, GUIDs, V-Tables, and/or protocols allowing one piece of
software, firmware or hardware to communicate or interoperate with another piece
of software, firmware or hardware.
1.9 "Modifications" mean any addition to, deletion from, and/or change to, the
substance and/or structure of the Original Code, any previous Modifications, the
combination of Original Code and any previous Modifications, and/or any
respective portions thereof. When code is released as a series of files, a
Modification is: (a) any addition to or deletion from the contents of a file
containing Covered Code; and/or (b) any new file or other representation of
computer program statements that contains any part of Covered Code.
1.10 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Licensor under this License, including the Source
Code of any updates or upgrades to such programs or works made available by
Licensor under this License, and that has been expressly identified by Licensor
as such in the header file(s) of such work; and (b) the object code compiled
from such Source Code and originally made available by Licensor under this
License.
1.11 "Personal Use" means use of Covered Code by an individual solely for his or
her personal, private and non-commercial purposes. An individual's use of
Covered Code in his or her capacity as an officer, employee, member, independent
contractor or agent of a corporation, business or organization (commercial or
non-commercial) does not qualify as Personal Use.
1.12 "Source Code" means the human readable form of a program or other work that
is suitable for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an executable (object code).
1.13 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b) ownership of
fifty percent (50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and
conditions of this License, Licensor hereby grants You, effective on the date
You accept this License (via downloading or using Covered Code or otherwise
indicating your acceptance of this License), a worldwide, royalty-free,
non-exclusive copyright license, to the extent of Licensor's copyrights cover
the Original Code, to do the following:
2.1 You may reproduce, display, perform, modify and Deploy Covered Code,
provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Licensor as they appear in the
Original Code, and keep intact all notices in the Original Code that refer to
this License;
(b) You must include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, and You may not offer or impose
any terms on such Source Code that alter or restrict this License or the
recipients' rights hereunder, except as permitted under Section 6;
(c) You must duplicate, to the extent it does not already exist, the notice in
Exhibit A in each file of the Source Code of all Your Modifications, and cause
the modified files to carry prominent notices stating that You changed the files
and the date of any change;
(d) You must make Source Code of all Your Externally Deployed Modifications
publicly available under the terms of this License, including the license grants
set forth in Section 3 below, for as long as you Deploy the Covered Code or
twelve (12) months from the date of initial Deployment, whichever is longer. You
should preferably distribute the Source Code of Your Deployed Modifications
electronically (e.g. download from a web site); and
(e) if You Deploy Covered Code in object code, executable form only, You must
include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is available under
the terms of this License with information on how and where to obtain such
Source Code. You must also include the Object Code Notice set forth in Exhibit A
in the "about" box or other appropriate place where other copyright notices are
placed, including any packaging materials.
2.2 You expressly acknowledge and agree that although Licensor and each
Contributor grants the licenses to their respective portions of the Covered Code
set forth herein, no assurances are provided by Licensor or any Contributor that
the Covered Code does not infringe the patent or other intellectual property
rights of any other entity. Licensor and each Contributor disclaim any liability
to You for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, You hereby assume sole responsibility to
secure any other intellectual property rights needed, if any. For example, if a
third party patent license is required to allow You to make, use, sell, import
or offer for sale the Covered Code, it is Your responsibility to acquire such
license(s).
2.3 Subject to the terms and conditions of this License, Licensor hereby grants
You, effective on the date You accept this License (via downloading or using
Covered Code or otherwise indicating your acceptance of this License), a
worldwide, royalty-free, perpetual, non-exclusive patent license under
Licensor's Applicable Patent Rights to make, use, sell, offer for sale and
import the Covered Code, provided that in each instance you comply with the
terms of this License.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License:
(a) You grant to Licensor and all third parties a non-exclusive, perpetual,
irrevocable, royalty free license under Your Applicable Patent Rights and other
intellectual property rights owned or controlled by You, to make, sell, offer
for sale, use, import, reproduce, display, perform, modify, distribute and
Deploy Your Modifications of the same scope and extent as Licensor's licenses
under Sections 2.1 and 2.2; and
(b) You grant to Licensor and its subsidiaries a non-exclusive, worldwide,
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
Rights and other intellectual property rights owned or controlled by You, to
make, use, sell, offer for sale, import, reproduce, display, perform,
distribute, modify or have modified (for Licensor and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form and for any purpose,
through multiple tiers of distribution.
(c) You agree not use any information derived from Your use and review of the
Covered Code, including but not limited to any algorithms or inventions that may
be contained in the Covered Code, for the purpose of asserting any of Your
patent rights, or assisting a third party to assert any of its patent rights,
against Licensor or any Contributor.
4. Derivative Works. You may create a Derivative Work by combining Covered Code
with other code not otherwise governed by the terms of this License and
distribute the Derivative Work as an integrated product. In each such instance,
You must make sure the requirements of this License are fulfilled for the
Covered Code or any portion thereof, including all Modifications.
4.1 You must cause any Derivative Work that you distribute, publish or
Externally Deploy, that in whole or in part contains or is derived from the
Covered Code or any part thereof, to be licensed as a whole at no charge to all
third parties under the terms of this License and no other license except as
provided in Section 4.2. You also must make Source Code available for the
Derivative Work under the same terms as Modifications, described in Sections 2
and 3, above.
4.2 Compatible Source Licenses. Software modules that have been independently
developed without any use of Covered Code and which contain no portion of the
Covered Code, Modifications or other Derivative Works, but are used or combined
in any way wtih the Covered Code or any Derivative Work to form a larger
Derivative Work, are exempt from the conditions described in Section 4.1 but
only to the extent that: the software module, including any software that is
linked to, integrated with, or part of the same applications as, the software
module by any method must be wholly subject to one of the Compatible Source
Licenses. Notwithstanding the foregoing, all Covered Code must be subject to the
terms of this License. Thus, the entire Derivative Work must be licensed under a
combination of the RPSL (for Covered Code) and a Compatible Source License for
any independently developed software modules within the Derivative Work. The
foregoing requirement applies even if the Compatible Source License would
ordinarily allow the software module to link with, or form larger works with,
other software that is not subject to the Compatible Source License. For
example, although the Mozilla Public License v1.1 allows Mozilla code to be
combined with proprietary software that is not subject to the MPL, if
MPL-licensed code is used with Covered Code the MPL-licensed code could not be
combined or linked with any code not governed by the MPL. The general intent of
this section 4.2 is to enable use of Covered Code with applications that are
wholly subject to an acceptable open source license. You are responsible for
determining whether your use of software with Covered Code is allowed under Your
license to such software.
4.3 Mere aggregation of another work not based on the Covered Code with the
Covered Code (or with a work based on the Covered Code) on a volume of a storage
or distribution medium does not bring the other work under the scope of this
License. If You deliver the Covered Code for combination and/or integration with
an application previously provided by You (for example, via automatic updating
technology), such combination and/or integration constitutes a Derivative Work
subject to the terms of this License.
5. Exclusions From License Grant. Nothing in this License shall be deemed to
grant any rights to trademarks, copyrights, patents, trade secrets or any other
intellectual property of Licensor or any Contributor except as expressly stated
herein. No right is granted to the trademarks of Licensor or any Contributor
even if such marks are included in the Covered Code. Nothing in this License
shall be interpreted to prohibit Licensor from licensing under different terms
from this License any code that Licensor otherwise would have a right to
license. Modifications, Derivative Works and/or any use or combination of
Covered Code with other technology provided by Licensor or third parties may
require additional patent licenses from Licensor which Licensor may grant in its
sole discretion. No patent license is granted separate from the Original Code or
combinations of the Original Code with other software or hardware.
5.1. Trademarks. This License does not grant any rights to use the trademarks or
trade names owned by Licensor ("Licensor Marks" defined in Exhibit C) or to any
trademark or trade name belonging to any Contributor. No Licensor Marks may be
used to endorse or promote products derived from the Original Code other than as
permitted by the Licensor Trademark Policy defined in Exhibit C.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations and/or other rights consistent with
the scope of the license granted herein ("Additional Terms") to one or more
recipients of Covered Code. However, You may do so only on Your own behalf and
as Your sole responsibility, and not on behalf of Licensor or any Contributor.
You must obtain the recipient's agreement that any such Additional Terms are
offered by You alone, and You hereby agree to indemnify, defend and hold
Licensor and every Contributor harmless for any liability incurred by or claims
asserted against Licensor or such Contributor by reason of any such Additional
Terms.
7. Versions of the License. Licensor may publish revised and/or new versions of
this License from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a particular version
of this License, You may continue to use it under the terms of that version. You
may also choose to use such Original Code under the terms of any subsequent
version of this License published by Licensor. No one other than Licensor has
the right to modify the terms applicable to Covered Code created under this
License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code may contain
errors that could cause failures or loss of data, and may be incomplete or
contain inaccuracies. You expressly acknowledge and agree that use of the
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF
ANY KIND AND LICENSOR AND LICENSOR'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
"LICENSOR" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR AND EACH
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR
WRITTEN DOCUMENTATION, INFORMATION OR ADVICE GIVEN BY LICENSOR, A LICENSOR
AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You
acknowledge that the Covered Code is not intended for use in high risk
activities, including, but not limited to, the design, construction, operation
or maintenance of nuclear facilities, aircraft navigation, aircraft
communication systems, or air traffic control machines in which case the failure
of the Covered Code could lead to death, personal injury, or severe physical or
environmental damage. Licensor disclaims any express or implied warranty of
fitness for such uses.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL LICENSOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR
YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR SUCH
CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall Licensor's total liability to You for all damages (other than as may be
required by applicable law) under this License exceed the amount of ten dollars
($10.00).
10. Ownership. Subject to the licenses granted under this License, each
Contributor retains all rights, title and interest in and to any Modifications
made by such Contributor. Licensor retains all rights, title and interest in and
to the Original Code and any Modifications made by or on behalf of Licensor
("Licensor Modifications"), and such Licensor Modifications will not be
automatically subject to this License. Licensor may, at its sole discretion,
choose to license such Licensor Modifications under this License, or on
different terms from those contained in this License or may choose not to
license them at all.
11. Termination.
11.1 Term and Termination. The term of this License is perpetual unless
terminated as provided below. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Licensor if You fail to comply with any
term(s) of this License and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section 12.5(b);
or
(c) automatically without notice from Licensor if You, at any time during the
term of this License, commence an action for patent infringement against
Licensor (including by cross-claim or counter claim in a lawsuit);
(d) upon written notice from Licensor if You, at any time during the term of
this License, commence an action for patent infringement against any third party
alleging that the Covered Code itself (excluding combinations with other
software or hardware) infringes any patent (including by cross-claim or counter
claim in a lawsuit).
11.2 Effect of Termination. Upon termination, You agree to immediately stop any
further use, reproduction, modification, sublicensing and distribution of the
Covered Code and to destroy all copies of the Covered Code that are in your
possession or control. All sublicenses to the Covered Code which have been
properly granted prior to termination shall survive any termination of this
License. Provisions which, by their nature, should remain in effect beyond the
termination of this License shall survive, including but not limited to Sections
3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for
compensation, indemnity or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this License will
be without prejudice to any other right or remedy of any party.
12. Miscellaneous.
12.1 Government End Users. The Covered Code is a "commercial item" as defined in
FAR 2.101. Government software and technical data rights in the Covered Code
include only those rights customarily provided to the public as defined in this
License. This customary commercial license in technical data and software is
provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
or Computer Software Documentation). Accordingly, all U.S. Government End Users
acquire Covered Code with only those rights set forth herein.
12.2 Relationship of Parties. This License will not be construed as creating an
agency, partnership, joint venture or any other form of legal association
between or among You, Licensor or any Contributor, and You will not represent to
the contrary, whether expressly, by implication, appearance or otherwise.
12.3 Independent Development. Nothing in this License will impair Licensor's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions as,
or otherwise compete with, Modifications, Derivative Works, technology or
products that You may develop, produce, market or distribute.
12.4 Waiver; Construction. Failure by Licensor or any Contributor to enforce any
provision of this License will not be deemed a waiver of future enforcement of
that or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not apply to
this License.
12.5 Severability. (a) If for any reason a court of competent jurisdiction finds
any provision of this License, or portion thereof, to be unenforceable, that
provision of the License will be enforced to the maximum extent permissible so
as to effect the economic benefits and intent of the parties, and the remainder
of this License will continue in full force and effect. (b) Notwithstanding the
foregoing, if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the enforceability
of either of those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and destroy all copies
of it that are in your possession or control.
12.6 Dispute Resolution. Any litigation or other dispute resolution between You
and Licensor relating to this License shall take place in the Seattle,
Washington, and You and Licensor hereby consent to the personal jurisdiction of,
and venue in, the state and federal courts within that District with respect to
this License. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded.
12.7 Export/Import Laws. This software is subject to all export and import laws
and restrictions and regulations of the country in which you receive the Covered
Code and You are solely responsible for ensuring that You do not export,
re-export or import the Covered Code or any direct product thereof in violation
of any such restrictions, laws or regulations, or without all necessary
authorizations.
12.8 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof. This
License shall be governed by the laws of the United States and the State of
Washington.
Where You are located in the province of Quebec, Canada, the following clause
applies: The parties hereby confirm that they have requested that this License
and all related documents be drafted in English. Les parties ont exig&eacute;
que le pr&eacute;sent contrat et tous les documents connexes soient
r&eacute;dig&eacute;s en anglais.
EXHIBIT A.
"Copyright &copy; 1995-2002
RealNetworks, Inc. and/or its licensors. All Rights Reserved.
The contents of this file, and the files included with this file, are subject to
the current version of the RealNetworks Public Source License Version 1.0 (the
"RPSL") available at https://www.helixcommunity.org/content/rpsl unless you have
licensed the file under the RealNetworks Community Source License Version 1.0
(the "RCSL") available at https://www.helixcommunity.org/content/rcsl, in which
case the RCSL will apply. You may also obtain the license terms directly from
RealNetworks. You may not use this file except in compliance with the RPSL or,
if you have a valid RCSL with RealNetworks applicable to this file, the RCSL.
Please see the applicable RPSL or RCSL for the rights, obligations and
limitations governing use of the contents of the file.
This file is part of the Helix DNA Technology. RealNetworks is the developer of
the Original code and owns the copyrights in the portions it created.
This file, and the files included with this file, is distributed and made
available on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Contributor(s): ____________________________________
Technology Compatibility Kit Test
Suite(s) Location (if licensed under the RCSL): ______________________________
Object Code Notice: Helix DNA Client technology included. Copyright (c)
RealNetworks, Inc., 1995-2002. All rights reserved.
EXHIBIT B
Compatible Source Licenses for the RealNetworks Public Source License. The
following list applies to the most recent version of the license as of October
25, 2002, unless otherwise indicated.
* Academic Free License
* Apache Software License
* Apple Public Source License
* Artistic license
* Attribution Assurance Licenses
* BSD license
* Common Public License (1)
* Eiffel Forum License
* GNU General Public License (GPL) (1)
* GNU Library or "Lesser" General Public License (LGPL) (1)
* IBM Public License
* Intel Open Source License
* Jabber Open Source License
* MIT license
* MITRE Collaborative Virtual Workspace License (CVW License)
* Motosoto License
* Mozilla Public License 1.0 (MPL)
* Mozilla Public License 1.1 (MPL)
* Nokia Open Source License
* Open Group Test Suite License
* Python Software Foundation License
* Ricoh Source Code Public License
* Sun Industry Standards Source License (SISSL)
* Sun Public License
* University of Illinois/NCSA Open Source License
* Vovida Software License v. 1.0
* W3C License
* X.Net License
* Zope Public License
* zlib/libpng license
(1) Note: because this license contains certain reciprocal licensing terms that
purport to extend to independently developed code, You may be prohibited under
the terms of this otherwise compatible license from using code licensed under
its terms with Covered Code because Covered Code may only be licensed under the
RealNetworks Public Source License. Any attempt to apply non RPSL license terms,
including without limitation the GPL, to Covered Code is expressly forbidden.
You are responsible for ensuring that Your use of Compatible Source Licensed
code does not violate either the RPSL or the Compatible Source License.
The latest version of this list can be found at:
https://www.helixcommunity.org/content/complicense
EXHIBIT C
RealNetworks' Trademark policy.
RealNetworks defines the following trademarks collectively as "Licensor
Trademarks": "RealNetworks", "RealPlayer", "RealJukebox", "RealSystem",
"RealAudio", "RealVideo", "RealOne Player", "RealMedia", "Helix" or any other
trademarks or trade names belonging to RealNetworks.
RealNetworks "Licensor Trademark Policy" forbids any use of Licensor Trademarks
except as permitted by and in strict compliance at all times with RealNetworks'
third party trademark usage guidelines which are posted at
http://www.realnetworks.com/info/helixlogo.html.

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