RCSL.txt 43 KB

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  1. The RCSL is made up of a base agreement and a few Attachments.
  2. For Research and Development use, you agree to the terms of the
  3. RCSL R&D License (base RCSL and Attachments A, B, and C)
  4. For Commercial Use (either distribution or internal commercial
  5. deployment) of the Helix DNA with or without support for RealNetworks'
  6. RealAudio and RealVideo Add-on Technology, you agree to the
  7. terms of the same RCSL R&D license
  8. and execute one or more additional Commercial Use License attachments
  9. <see http://www.helixcommunity.org/content/rcsl-attachments>.
  10. ------------------------------------------------------------------------
  11. REALNETWORKS COMMUNITY SOURCE LICENSE
  12. Version 1.2 (Rev. Date: January 22, 2003).
  13. RECITALS
  14. Original Contributor has developed Specifications, Source Code
  15. implementations and Executables of certain Technology; and
  16. Original Contributor desires to license the Technology to a large
  17. community to facilitate research, innovation and product development
  18. while maintaining compatibility of such products with the Technology as
  19. delivered by Original Contributor; and
  20. Original Contributor desires to license certain Trademarks for the
  21. purpose of branding products that are compatible with the relevant
  22. Technology delivered by Original Contributor; and
  23. You desire to license the Technology and possibly certain Trademarks
  24. from Original Contributor on the terms and conditions specified in this
  25. License.
  26. In consideration for the mutual covenants contained herein, You and
  27. Original Contributor agree as follows:
  28. AGREEMENT
  29. *1. Introduction.*
  30. The RealNetworks Community Source License ("RCSL") and effective
  31. attachments ("License") may include five distinct licenses:
  32. i) Research Use license -- License plus Attachments A, B and C only.
  33. ii) Commercial Use and Trademark License, which may be for Internal
  34. Deployment Use or external distribution, or both -- License plus
  35. Attachments A, B, C, and D.
  36. iii) Technology Compatibility Kit (TCK) license -- Attachment C.
  37. iv) Add-On Technology License (Executable) Commercial Use License
  38. -Attachment F.
  39. v) Add-On Technology Source Code Porting and Optimization
  40. License-Attachment G.
  41. The Research Use license is effective when You click and accept this
  42. License. The TCK is effective when You click and accept this License,
  43. unless otherwise specified in the TCK attachments. The Commercial Use
  44. and Trademark, Add-On Technology License, and the Add-On Technology
  45. Source Code Porting and Optimization licenses must each be signed by You
  46. and Original Contributor to become effective. Once effective, these
  47. licenses and the associated requirements and responsibilities are
  48. cumulative. Capitalized terms used in this License are defined in the
  49. Glossary.
  50. *2. License Grants.*
  51. 2.1 Original Contributor Grant.
  52. Subject to Your compliance with Sections 3, 8.10 and Attachment A of
  53. this License, Original Contributor grants to You a worldwide,
  54. royalty-free, non-exclusive license, to the extent of Original
  55. Contributor's Intellectual Property Rights covering the Original Code,
  56. Upgraded Code and Specifications, to do the following:
  57. (a) Research Use License:
  58. (i) use, reproduce and modify the Original Code, Upgraded Code and
  59. Specifications to create Modifications and Reformatted Specifications
  60. for Research Use by You;
  61. (ii) publish and display Original Code, Upgraded Code and Specifications
  62. with, or as part of Modifications, as permitted under Section 3.1(b) below;
  63. (iii) reproduce and distribute copies of Original Code and Upgraded Code
  64. to Licensees and students for Research Use by You;
  65. (iv) compile, reproduce and distribute Original Code and Upgraded Code
  66. in Executable form, and Reformatted Specifications to anyone for
  67. Research Use by You.
  68. (b) Other than the licenses expressly granted in this License, Original
  69. Contributor retains all right, title, and interest in Original Code and
  70. Upgraded Code and Specifications.
  71. 2.2 Your Grants.
  72. (a) To Other Licensees. You hereby grant to each Licensee a license to
  73. Your Error Corrections and Shared Modifications, of the same scope and
  74. extent as Original Contributor's licenses under Section 2.1 a) above
  75. relative to Research Use and Attachment D relative to Commercial Use.
  76. (b) To Original Contributor. You hereby grant to Original Contributor a
  77. worldwide, royalty-free, non-exclusive, perpetual and irrevocable
  78. license, to the extent of Your Intellectual Property Rights covering
  79. Your Error Corrections, Shared Modifications and Reformatted
  80. Specifications, to use, reproduce, modify, display and distribute Your
  81. Error Corrections, Shared Modifications and Reformatted Specifications,
  82. in any form, including the right to sublicense such rights through
  83. multiple tiers of distribution.
  84. (c) Other than the licenses expressly granted in Sections 2.2(a) and (b)
  85. above, and the restrictions set forth in Section 3.1(d)(iv) below, You
  86. retain all right, title, and interest in Your Error Corrections, Shared
  87. Modifications and Reformatted Specifications.
  88. 2.3 Contributor Modifications.
  89. You may use, reproduce, modify, display and distribute Contributor Error
  90. Corrections, Shared Modifications and Reformatted Specifications,
  91. obtained by You under this License, to the same scope and extent as with
  92. Original Code, Upgraded Code and Specifications.
  93. 2.4 Subcontracting.
  94. You may deliver the Source Code of Covered Code to other Licensees
  95. having at least a Research Use license, for the sole purpose of
  96. furnishing development services to You in connection with Your rights
  97. granted in this License. All such Licensees must execute appropriate
  98. documents with respect to such work consistent with the terms of this
  99. License, and acknowledging their work-made-for-hire status or assigning
  100. exclusive right to the work product and associated Intellectual Property
  101. Rights to You.
  102. *3. Requirements and Responsibilities*.
  103. 3.1 Research Use License.
  104. As a condition of exercising the rights granted under Section 2.1(a)
  105. above, You agree to comply with the following:
  106. (a) Your Contribution to the Community. All Error Corrections and Shared
  107. Modifications which You create or contribute to are automatically
  108. subject to the licenses granted under Section 2.2 above. You are
  109. encouraged to license all of Your other Modifications under Section 2.2
  110. as Shared Modifications, but are not required to do so. You agree to
  111. notify Original Contributor of any errors in the Specification.
  112. (b) Source Code Availability. You agree to provide all Your Error
  113. Corrections to Original Contributor as soon as reasonably practicable
  114. and, in any event, prior to Internal Deployment Use or Commercial Use,
  115. if applicable. Original Contributor may, at its discretion, post Source
  116. Code for Your Error Corrections and Shared Modifications on the
  117. Community Webserver. You may also post Error Corrections and Shared
  118. Modifications on a web-server of Your choice; provided, that You must
  119. take reasonable precautions to ensure that only Licensees have access to
  120. such Error Corrections and Shared Modifications. Such precautions shall
  121. include, without limitation, a password protection scheme limited to
  122. Licensees and a click-on, download certification of Licensee status
  123. required of those attempting to download from the server. An example of
  124. an acceptable certification is attached as Attachment A-2.
  125. (c) Notices. All Error Corrections and Shared Modifications You create
  126. or contribute to must include a file documenting the additions and
  127. changes You made and the date of such additions and changes. You must
  128. also include the notice set forth in Attachment A-1 in the file header.
  129. If it is not possible to put the notice in a particular Source Code file
  130. due to its structure, then You must include the notice in a location
  131. (such as a relevant directory file), where a recipient would be most
  132. likely to look for such a notice.
  133. (d) Redistribution.
  134. (i) Source. Covered Code may be distributed in Source Code form only to
  135. another Licensee (except for students as provided below). You may not
  136. offer or impose any terms on any Covered Code that alter the rights,
  137. requirements, or responsibilities of such Licensee. You may distribute
  138. Covered Code to students for use in connection with their course work
  139. and research projects undertaken at accredited educational institutions.
  140. Such students need not be Licensees, but must be given a copy of the
  141. notice set forth in Attachment A-3 and such notice must also be included
  142. in a file header or prominent location in the Source Code made available
  143. to such students.
  144. (ii) Executable. You may distribute Executable version(s) of Covered
  145. Code to Licensees and other third parties only for the purpose of
  146. evaluation and comment in connection with Research Use by You and under
  147. a license of Your choice, but which limits use of such Executable
  148. version(s) of Covered Code only to that purpose.
  149. (iii) Modified Class, Interface and Package Naming. In connection with
  150. Research Use by You only, You may use Original Contributor's class,
  151. Interface and package names only to accurately reference or invoke the
  152. Source Code files You modify. Original Contributor grants to You a
  153. limited license to the extent necessary for such purposes.
  154. (iv) You expressly agree that any distribution, in whole or in part, of
  155. Modifications developed by You shall only be done pursuant to the terms
  156. and conditions of this License.
  157. (e) Extensions.
  158. (i) Covered Code. You may not include any Source Code of Community Code
  159. in any Extensions. You may include the compiled Header Files of
  160. Community Code in an Extension provided that Your use of the Covered
  161. Code, including Heading Files, complies with the Commercial Use License,
  162. the TCK and all other terms of this License.
  163. (ii) Publication. No later than the date on which You first distribute
  164. such Extension for Commercial Use, You must publish to the industry, on
  165. a non-confidential basis and free of all copyright restrictions with
  166. respect to reproduction and use, an accurate and current specification
  167. for any Extension. In addition, You must make available an appropriate
  168. test suite, pursuant to the same rights as the specification,
  169. sufficiently detailed to allow any third party reasonably skilled in the
  170. technology to produce implementations of the Extension compatible with
  171. the specification. Such test suites must be made available as soon as
  172. reasonably practicable but, in no event, later than ninety (90) days
  173. after Your first Commercial Use of the Extension. You must use
  174. reasonable efforts to promptly clarify and correct the specification and
  175. the test suite upon written request by Original Contributor.
  176. (iii) Open. You agree to refrain from enforcing any Intellectual
  177. Property Rights You may have covering any interface(s) of Your
  178. Extension, which would prevent the implementation of such interface(s)
  179. by Original Contributor or any Licensee. This obligation does not
  180. prevent You from enforcing any Intellectual Property Right You have that
  181. would otherwise be infringed by an implementation of Your Extension.
  182. (iv) Interface Modifications and Naming. You may not modify or add to
  183. the GUID space * * "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other
  184. GUID space designated by Original Contributor. You may not modify any
  185. Interface prefix provided with the Covered Code or any other prefix
  186. designated by Original Contributor.* *
  187. * *
  188. (f) You agree that any Specifications provided to You by Original
  189. Contributor are confidential and proprietary information of Original
  190. Contributor. You must maintain the confidentiality of the Specifications
  191. and may not disclose them to any third party without Original
  192. Contributor's prior written consent. You may only use the Specifications
  193. under the terms of this License and only for the purpose of implementing
  194. the terms of this License with respect to Covered Code. You agree not
  195. use, copy or distribute any such Specifications except as provided in
  196. writing by Original Contributor.
  197. 3.2 Commercial Use License.
  198. You may not make Commercial Use of any Covered Code unless You and
  199. Original Contributor have executed a copy of the Commercial Use and
  200. Trademark License attached as Attachment D.
  201. *4. Versions of the License.*
  202. 4.1 License Versions.
  203. Original Contributor may publish revised versions of the License from
  204. time to time. Each version will be given a distinguishing version number.
  205. 4.2 Effect.
  206. Once a particular version of Covered Code has been provided under a
  207. version of the License, You may always continue to use such Covered Code
  208. under the terms of that version of the License. You may also choose to
  209. use such Covered Code under the terms of any subsequent version of the
  210. License. No one other than Original Contributor has the right to
  211. promulgate License versions.
  212. 4.3 Multiple-Licensed Code.
  213. Original Contributor may designate portions of the Covered Code as
  214. "Multiple-Licensed." "Multiple-Licensed" means that the Original
  215. Contributor permits You to utilize those designated portions of the
  216. Covered Code under Your choice of this License or the alternative
  217. license(s), if any, specified by the Original Contributor in an
  218. Attachment to this License.
  219. *5. Disclaimer of Warranty.*
  220. 5.1 COVERED CODE PROVIDED AS IS.
  221. COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF
  222. ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
  223. WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
  224. FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE
  225. RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER
  226. THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
  227. OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
  228. EXCEPT SUBJECT TO THIS DISCLAIMER.
  229. 5.2 Not Designed for High Risk Activities.
  230. You acknowledge that Original Code, Upgraded Code and Specifications are
  231. not designed or intended for use in high risk activities including, but
  232. not limited to: (i) on-line control of aircraft, air traffic, aircraft
  233. navigation or aircraft communications; or (ii) in the design,
  234. construction, operation or maintenance of any nuclear facility. Original
  235. Contributor disclaims any express or implied warranty of fitness for
  236. such uses.
  237. *6. Termination.*
  238. 6.1 By You.
  239. You may terminate this Research Use license at anytime by providing
  240. written notice to Original Contributor.
  241. 6.2 By Original Contributor.
  242. This License and the rights granted hereunder will terminate:
  243. (i) automatically if You fail to comply with the terms of this License
  244. and fail to cure such breach within 30 days of receipt of written notice
  245. of the breach;
  246. (ii) immediately in the event of circumstances specified in Sections 7.1
  247. and 8.4; or
  248. (iii) at Original Contributor's discretion upon any action initiated by
  249. You (including by cross-claim or counter claim) alleging that use or
  250. distribution by Original Contributor or any Licensee, of Original Code,
  251. Upgraded Code, Error Corrections, Shared Modifications or Specifications
  252. infringe a patent owned or controlled by You.
  253. 6.3 Effective of Termination.
  254. Upon termination, You agree to discontinue use of and destroy all copies
  255. of Covered Code in Your possession. All sublicenses to the Covered Code
  256. which You have properly granted shall survive any termination of this
  257. License. Provisions that, by their nature, should remain in effect
  258. beyond the termination of this License shall survive including, without
  259. limitation, Sections 2.2, 3, 5, 7 and 8.
  260. 6.4 No Compensation.
  261. Each party waives and releases the other from any claim to compensation
  262. or indemnity for permitted or lawful termination of the business
  263. relationship established by this License.
  264. *7. Liability.*
  265. 7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or
  266. Specifications ("Materials") become the subject of a claim of
  267. infringement, Original Contributor may, at its sole option, (i) attempt
  268. to procure the rights necessary for You to continue using the Materials,
  269. (ii) modify the Materials so that they are no longer infringing, or
  270. (iii) terminate Your right to use the Materials, immediately upon
  271. written notice, and refund to You the amount, if any, having then
  272. actually been paid by You to Original Contributor for the Original Code,
  273. Upgraded Code and TCK, depreciated on a straight line, five year basis.
  274. 7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE
  275. LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS
  276. LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED
  277. PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO
  278. ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR
  279. ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS
  280. PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL YOU (RELATIVE TO YOUR
  281. SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE
  282. LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
  283. DAMAGES IN CONNECTION WITH OR RISING OUT OF THIS LICENSE (INCLUDING,
  284. WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC
  285. ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN
  286. AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE)
  287. OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN
  288. ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
  289. FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
  290. *8. Miscellaneous.*
  291. 8.1 Trademark.
  292. You shall not use any Trademark unless You and Original Contributor
  293. execute a copy of the Commercial Use and Trademark License Agreement
  294. attached hereto as Attachment D. Except as expressly provided in the
  295. License, You are granted no right, title or license to, or interest in,
  296. any Trademarks. Whether or not You and Original Contributor enter into
  297. the Trademark License, You agree not to (i) challenge Original
  298. Contributor's ownership or use of Trademarks; (ii) attempt to register
  299. any Trademarks, or any mark or logo substantially similar thereto; or
  300. (iii) incorporate any Trademarks into Your own trademarks, product
  301. names, service marks, company names, or domain names.
  302. 8.2 Integration.
  303. This License represents the complete agreement concerning the subject
  304. matter hereof.
  305. 8.3 Assignment.
  306. Original Contributor may assign this License, and its rights and
  307. obligations hereunder, in its sole discretion. You may assign the
  308. Research Use portions of this License and the TCK license to a third
  309. party upon prior written notice to Original Contributor (which may be
  310. provided electronically via the Community Web-Server). You may not
  311. assign the Commercial Use and Trademark license, the Add-On Technology
  312. License, or the Add-On Technology Source Code Porting License, including
  313. by way of merger (regardless of whether You are the surviving entity) or
  314. acquisition, without Original Contributor's prior written consent.
  315. 8.4 Severability.
  316. If any provision of this License is held to be unenforceable, such
  317. provision shall be reformed only to the extent necessary to make it
  318. enforceable. Notwithstanding the foregoing, if You are prohibited by law
  319. from fully and specifically complying with Sections 2.2 or 3, this
  320. License will immediately terminate and You must immediately discontinue
  321. any use of Covered Code.
  322. 8.5 Governing Law.
  323. This License shall be governed by the laws of the United States and the
  324. State of Washington, as applied to contracts entered into and to be
  325. performed in Washington between Washington residents. The application of
  326. the United Nations Convention on Contracts for the International Sale of
  327. Goods is expressly excluded. You agree that the state and federal courts
  328. located in Seattle, Washington have exclusive jurisdiction over any
  329. claim relating to the License, including contract and tort claims.
  330. 8.6 Dispute Resolution.
  331. a) Arbitration. Any dispute arising out of or relating to this License
  332. shall be finally settled by arbitration as set out herein, except that
  333. either party may bring any action, in a court of competent jurisdiction
  334. (which jurisdiction shall be exclusive), with respect to any dispute
  335. relating to such party's Intellectual Property Rights or with respect to
  336. Your compliance with the TCK license. Arbitration shall be administered:
  337. (i) by the American Arbitration Association (AAA), (ii) in accordance
  338. with the rules of the United Nations Commission on International Trade
  339. Law (UNCITRAL) (the "Rules") in effect at the time of arbitration as
  340. modified herein; and (iii) the arbitrator will apply the substantive
  341. laws of Washington and the United States. Judgment upon the award
  342. rendered by the arbitrator may be entered in any court having
  343. jurisdiction to enforce such award.
  344. b) Arbitration language, venue and damages. All arbitration proceedings
  345. shall be conducted in English by a single arbitrator selected in
  346. accordance with the Rules, who must be fluent in English and be either a
  347. retired judge or practicing attorney having at least ten (10) years
  348. litigation experience and be reasonably familiar with the technology
  349. matters relative to the dispute. Unless otherwise agreed, arbitration
  350. venue shall be in Seattle, Washington. The arbitrator may award monetary
  351. damages only and nothing shall preclude either party from seeking
  352. provisional or emergency relief from a court of competent jurisdiction.
  353. The arbitrator shall have no authority to award damages in excess of
  354. those permitted in this License and any such award in excess is void.
  355. All awards will be payable in U.S. dollars and may include, for the
  356. prevailing party (i) pre-judgment award interest, (ii) reasonable
  357. attorneys' fees incurred in connection with the arbitration, and (iii)
  358. reasonable costs and expenses incurred in enforcing the award. The
  359. arbitrator will order each party to produce identified documents and
  360. respond to no more than twenty-five single question interrogatories.
  361. 8.7 Construction.
  362. Any law or regulation, which provides that the language of a contract
  363. shall be construed against the drafter, shall not apply to this License.
  364. 8.8 U.S. Government End Users.
  365. The Covered Code is a "commercial item," as that term is defined in 48
  366. C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
  367. and "commercial computer software documentation," as such terms are used
  368. in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
  369. 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
  370. End Users acquire Covered Code with only those rights set forth herein.
  371. You agree to pass this notice to our licensees.
  372. 8.9 Marketing Activities.
  373. Licensee hereby grants Original Contributor a non-exclusive,
  374. non-transferable, limited license to use the Licensee's company name and
  375. logo ("Licensee Marks") in any presentations, press releases, or
  376. marketing materials solely for the purpose of identifying Licensee as a
  377. member of the Helix Community. Licensee shall provide samples of
  378. Licensee Marks to Original Contributor upon request by Original
  379. Contributor. Original Contributor acknowledges that the Licensee Marks
  380. are the trademarks of Licensee. Original Contributor shall not use the
  381. Licensee Marks in a way that may imply that Original Contributor is an
  382. agency or branch of Licensee. Original Contributor understands and
  383. agrees that the use of any Licensee Marks in connection with this
  384. Agreement shall not create any right, title or interest, in, or to the
  385. Licensee Marks or any Licensee trademarks and that all such use and
  386. goodwill associated with any such trademarks will inure to the benefit
  387. of Licensee. Further the Original Contributor will stop usage of the
  388. Licensee Marks upon Licensee's request.
  389. 8.10 Press Announcements.
  390. You may make press announcements or other public statements regarding
  391. this License without the prior written consent of the Original
  392. Contributor, if Your statement is limited to announcing the licensing of
  393. the Covered Code or the availability of Your Product and its
  394. compatibility with the Covered Code. All other public announcements
  395. regarding this license require the prior written consent of the Original
  396. Contributor. Consent requests are welcome at press@helixcommunity.org.
  397. 8.11 International Use.
  398. a) Export/Import laws. Covered Code is subject to U.S. export control
  399. laws and may be subject to export or import regulations in other
  400. countries. Each party agrees to comply strictly with all such laws and
  401. regulations and acknowledges their responsibility to obtain such
  402. licenses to export, re-export, or import as may be required. You agree
  403. to pass these obligations to Your licensees.
  404. b) Intellectual Property Protection. Due to limited intellectual
  405. property protection and enforcement in certain countries, You agree not
  406. to redistribute the Original Code, Upgraded Code, TCK and Specifications
  407. to any country on the list of restricted countries on the Community Web
  408. Server.
  409. 8.12 Language.
  410. This License is in the English language only, which language shall be
  411. controlling in all respects, and all versions of this License in any
  412. other language shall be for accommodation only and shall not be binding
  413. on the parties to this License. All communications and notices made or
  414. given pursuant to this License, and all documentation and support to be
  415. provided, unless otherwise noted, shall be in the English language.
  416. PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE
  417. "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND
  418. CONDITIONS OF THIS LICENSE WITH REALNETWORKS, INC. IF YOU ARE AGREEING
  419. TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE
  420. AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER YOU ARE ACTING
  421. ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY, YOU MUST BE OF MAJORITY
  422. AGE AND BE OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT
  423. MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND
  424. CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT.
  425. GLOSSARY
  426. 1. *"Added Value"* means code which:
  427. (i) has a principal purpose which is substantially different from that
  428. of the stand-alone Technology;
  429. (ii) represents a significant functional and value enhancement to the
  430. Technology;
  431. (iii) operates in conjunction with the Technology; and
  432. (iv) is not marketed as a technology which replaces or substitutes for
  433. the Technology
  434. 2. "*Applicable Patent Rights*" mean: (a) in the case where Original
  435. Contributor is the grantor of rights, claims of patents that (i) are now
  436. or hereafter acquired, owned by or assigned to Original Contributor and
  437. (ii) are necessarily infringed by using or making the Original Code or
  438. Upgraded Code, including Modifications provided by Original Contributor,
  439. alone and not in combination with other software or hardware; and (b) in
  440. the case where Licensee is the grantor of rights, claims of patents that
  441. (i) are now or hereafter acquired, owned by or assigned to Licensee and
  442. (ii) are infringed (directly or indirectly) by using or making
  443. Licensee's Modifications or Error Corrections, taken alone or in
  444. combination with Covered Code.
  445. 3. "*Application Programming Interfaces (APIs)"* means the interfaces,
  446. associated header files, service provider interfaces, and protocols that
  447. enable a device, application, Operating System, or other program to
  448. obtain services from or make requests of (or provide services in
  449. response to requests from) other programs, and to use, benefit from, or
  450. rely on the resources, facilities, and capabilities of the relevant
  451. programs using the APIs. APIs includes the technical documentation
  452. describing the APIs, the Source Code constituting the API, and any
  453. Header Files used with the APIs.
  454. 4. "*Commercial Use*" means any use (internal or external), copying,
  455. sublicensing or distribution (internal or external), directly or
  456. indirectly of Covered Code by You other than Your Research Use of
  457. Covered Code within Your business or organization or in conjunction with
  458. other Licensees with equivalent Research Use rights. Commercial Use
  459. includes any use of the Covered Code for direct or indirect commercial
  460. or strategic gain, advantage or other business purpose. Any Commercial
  461. Use requires execution of Attachment D by You and Original Contributor.
  462. 5. "*Community Code*" means the Original Code, Upgraded Code, Error
  463. Corrections, Shared Modifications, or any combination thereof.
  464. 6. "*Community Webserver(s)"* means the webservers designated by
  465. Original Contributor for access to the Original Code, Upgraded Code, TCK
  466. and Specifications and for posting Error Corrections and Shared
  467. Modifications.
  468. 7. "*Compliant Covered Code*" means Covered Code that complies with the
  469. requirements of the TCK.
  470. 8. "*Contributor*" means each Licensee that creates or contributes to
  471. the creation of any Error Correction or Shared Modification.
  472. 9. "*Covered Code*" means the Original Code, Upgraded Code,
  473. Modifications, or any combination thereof.
  474. 10. "*Error Correction*" means any change made to Community Code which
  475. conforms to the Specification and corrects the adverse effect of a
  476. failure of Community Code to perform any function set forth in or
  477. required by the Specifications.
  478. 11. "*Executable*" means Covered Code that has been converted from
  479. Source Code to the preferred form for execution by a computer or digital
  480. processor (e.g. binary form).
  481. 12. "*Extension(s)"* means any additional Interfaces developed by or for
  482. You which: (i) are designed for use with the Technology; (ii) constitute
  483. an API for a library of computing functions or services; and (iii) are
  484. disclosed or otherwise made available to third party software developers
  485. for the purpose of developing software which invokes such additional
  486. Interfaces. The foregoing shall not apply to software developed by Your
  487. subcontractors to be exclusively used by You.
  488. 13. "*Header File(s)"* means that portion of the Source Code that
  489. provides the names and types of member functions, data members, class
  490. definitions, and interface definitions necessary to implement the APIs
  491. for the Covered Code. Header Files include, files specifically
  492. designated by Original Contributor as Header Files. Header Files do not
  493. include the code necessary to implement the functionality underlying the
  494. Interface.
  495. 14. *"Helix DNA Server Technology"* means the program(s) that implement
  496. the Helix Universal Server streaming engine for the Technology as
  497. defined in the Specification.
  498. 15. *"Helix DNA Client Technology"* means the Covered Code that
  499. implements the RealOne Player engine as defined in the Specification.
  500. 16. *"Helix DNA Producer Technology"* means the Covered Code that
  501. implements the Helix Producer engine as defined in the Specification.
  502. 17. *"Helix DNA Technology"* means the Helix DNA Server Technology, the
  503. Helix DNA Client Technology, the Helix DNA Producer Technology and other
  504. Helix technologies designated by Original Contributor.
  505. 18. "*Intellectual Property Rights*" means worldwide statutory and
  506. common law rights associated solely with (i) Applicable Patent Rights;
  507. (ii) works of authorship including copyrights, copyright applications,
  508. copyright registrations and "moral rights"; (iii) the protection of
  509. trade and industrial secrets and confidential information; and (iv)
  510. divisions, continuations, renewals, and re-issuances of the foregoing
  511. now existing or acquired in the future.
  512. 19. *"Interface*" means interfaces, functions, properties, class
  513. definitions, APIs, Header Files, GUIDs, V-Tables, and/or protocols
  514. allowing one piece of software, firmware or hardware to communicate or
  515. interoperate with another piece of software, firmware or hardware.
  516. 20. "*Internal Deployment Use*" means use of Compliant Covered Code
  517. (excluding Research Use) within Your business or organization only by
  518. Your employees and/or agents on behalf of Your business or organization,
  519. but not to provide services, including content distribution, to third
  520. parties, subject to execution of Attachment D by You and Original
  521. Contributor, if required.
  522. 21. "*Licensee*" means any party that has entered into and has in effect
  523. a version of this License with Original Contributor.
  524. 22. "*MIME type*" means a description of what type of media or other
  525. content is in a file, including by way of example but not limited to
  526. 'audio/x-pn-realaudio-plugin.'
  527. 23. "*Modification(s)"* means (i) any addition to, deletion from and/or
  528. change to the substance and/or structure of the Covered Code, including
  529. Interfaces; (ii) the combination of any Covered Code and any previous
  530. Modifications; (iii) any new file or other representation of computer
  531. program statements that contains any portion of Covered Code; and/or
  532. (iv) any new Source Code implementing any portion of the Specifications.
  533. 24. "*MP3 Patents*" means any patents necessary to make, use or sell
  534. technology implementing any portion of the specification developed by
  535. the Moving Picture Experts Group known as MPEG-1 Audio Layer-3 or MP3,
  536. including but not limited to all past and future versions, profiles,
  537. extensions, parts and amendments relating to the MP3 specification.
  538. 25. "*MPEG-4 Patents*" means any patents necessary to make, use or sell
  539. technology implementing any portion of the specification developed by
  540. the Moving Pictures Experts Group known as MPEG-4, including but not
  541. limited to all past and future versions, profiles, extensions, parts and
  542. amendments relating to the MPEG-4 specification.
  543. 26. "*Original Code*" means the initial Source Code for the Technology
  544. as described on the Community Web Server.
  545. 27. "*Original Contributor*" means RealNetworks, Inc., its affiliates
  546. and its successors and assigns.
  547. 28. "*Original Contributor MIME Type*" means the MIME registry, browser
  548. preferences, or local file/protocol associations invoking any Helix DNA
  549. Client-based application, including the RealOne Player, for playback of
  550. RealAudio, RealVideo, other RealMedia MIME types or datatypes (e.g.,
  551. .ram, .rnx, .rpm, .ra, .rm, .rp, .rt, .rf, .prx, .mpe, .rmp, .rmj, .rav,
  552. .rjs, .rmx, .rjt, .rms), and any other Original Contributor-specific or
  553. proprietary MIME types that Original Contributor may introduce in the
  554. future.
  555. 29. "*Personal Use*" means use of Covered Code by an individual solely
  556. for his or her personal, private and non-commercial purposes. An
  557. individual's use of Covered Code in his or her capacity as an officer,
  558. employee, member, independent contractor or agent of a corporation,
  559. business or organization (commercial or non-commercial) does not qualify
  560. as Personal Use.
  561. 30. "*RealMedia File Format*" means the file format designed and
  562. developed by RealNetworks for storing multimedia data and used to store
  563. RealAudio and RealVideo encoded streams. Valid RealMedia File Format
  564. extensions include: .rm, .rmj, .rmc, .rmvb, .rms.
  565. 31. "*RCSL Webpage*" means the RealNetworks Community Source License
  566. webpage located at https://www.helixcommunity.org/content/rcsl or such
  567. other URL that Original Contributor may designate from time to time.
  568. 32. "*Reformatted Specifications*" means any revision to the
  569. Specifications which translates or reformats the Specifications (as for
  570. example in connection with Your documentation) but which does not alter,
  571. subset or superset * *the functional or operational aspects of the
  572. Specifications.
  573. 33. "*Research Use*" means use and distribution of Covered Code only for
  574. Your Personal Use, research or development use and expressly excludes
  575. Internal Deployment Use and Commercial Use. Research Use also includes
  576. use of Covered Code to teach individuals how to use Covered Code.
  577. 34. "*Shared Modifications*" means Modifications that You distribute or
  578. use for a Commercial Use, in addition to any Modifications provided by
  579. You, at Your option, pursuant to Section 2.2, or received by You from a
  580. Contributor pursuant to Section 2.3.
  581. 35. "*Source Code*" means the preferred form of the Covered Code for
  582. making modifications to it, including all modules it contains, plus any
  583. associated interface definition files, scripts used to control
  584. compilation and installation of an Executable, or source code
  585. differential comparisons against either the Original Code or another
  586. well known, available Covered Code of the Contributor's choice. The
  587. Source Code can be in a compressed or archival form, provided the
  588. appropriate decompression or de-archiving software is widely available
  589. for no charge.
  590. 36. "*Specifications*" means the specifications for the Technology and
  591. other documentation, as designated on the Community Web Server, as may
  592. be revised by Original Contributor from time to time.
  593. 37. "*Trademarks*" means Original Contributor's trademarks and logos,
  594. including, but not limited to, RealNetworks, RealAudio, RealVideo,
  595. RealOne, RealSystem, SureStream, Helix, Helix DNA and other trademarks
  596. whether now used or adopted in the future.
  597. 38. "*Technology*" means the technology described in Attachment B, and
  598. Upgrades.
  599. 39. "*Technology Compatibility Kit"* or *"TCK*" means the test programs,
  600. procedures, acceptance criteria and/or other requirements, designated by
  601. Original Contributor for use in verifying compliance of Covered Code
  602. with the Specifications, in conjunction with the Original Code and
  603. Upgraded Code. Original Contributor may, in its sole discretion and from
  604. time to time, revise a TCK to correct errors and/or omissions and in
  605. connection with Upgrades.
  606. 40. "*Upgrade(s)"* means new versions of Technology designated
  607. exclusively by Original Contributor as an "Upgrade" and released by
  608. Original Contributor from time to time under the terms of the License.
  609. 41. "*Upgraded Code*" means the Source Code and/or Executables for
  610. Upgrades, possibly including Modifications made by Contributors.
  611. 42. *"User's Guide"* means the users guide for the TCK which Original
  612. Contributor makes available to You to provide direction in how to run
  613. the TCK and properly interpret the results, as may be revised by
  614. Original Contributor from time to time.
  615. 43. "*You(r)*" means an individual, or a legal entity acting by and
  616. through an individual or individuals, exercising rights either under
  617. this License or under a future version of this License issued pursuant
  618. to Section 4.1. For legal entities, "You(r)" includes any entity that by
  619. majority voting interest controls, is controlled by, or is under common
  620. control with You.
  621. 44. "*Your Products*" means any (i) hardware products You distribute
  622. integrating the Covered Code; (ii) any software products You distribute
  623. with the Covered Code that utilize the APIs of the Covered Code; or
  624. (iii) any services You provide using the Covered Code.
  625. ATTACHMENT A
  626. REQUIRED NOTICES
  627. ATTACHMENT A-1
  628. REQUIRED IN ALL CASES
  629. Notice to be included in header file of all Error Corrections and Shared
  630. Modifications:
  631. Portions Copyright 1994-2003 © RealNetworks, Inc. All rights reserved.
  632. The contents of this file, and the files included with this file, are
  633. subject to the current version of RealNetworks Community Source License
  634. Version 1.1 (the "License"). You may not use this file except in
  635. compliance with the License executed by both You and RealNetworks. You
  636. may obtain a copy of the License at *
  637. https://www.helixcommunity.org/content/rcsl.* You may also obtain a copy
  638. of the License by contacting RealNetworks directly. Please see the
  639. License for the rights, obligations and limitations governing use of the
  640. contents of the file.
  641. This file is part of the Helix DNA technology. RealNetworks, Inc., is
  642. the developer of the Original code and owns the copyrights in the
  643. portions it created.
  644. This file, and the files included with this file, are distributed on an
  645. 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
  646. AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
  647. LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
  648. PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
  649. Contributor(s):
  650. _______________________________________________
  651. Technology Compatibility Kit Test Suite(s) Location:
  652. ________________________________
  653. ATTACHMENT A-2
  654. SAMPLE LICENSEE CERTIFICATION
  655. "By clicking the `Agree' button below, You certify that You are a
  656. Licensee in good standing under the RealNetworks Community Source
  657. License, ("License") and that Your access, use and distribution of code
  658. and information You may obtain at this site is subject to the License.
  659. If You are not a Licensee under the RealNetworks Community Source
  660. License You agree not to download, copy or use the Helix DNA technology.
  661. ATTACHMENT A-3
  662. REQUIRED STUDENT NOTIFICATION
  663. "This software and related documentation has been obtained by Your
  664. educational institution subject to the RealNetworks Community Source
  665. License. You have been provided access to the software and related
  666. documentation for use only in connection with your course work and
  667. research activities as a matriculated student of Your educational
  668. institution. Any other use is expressly prohibited.
  669. THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF
  670. REALNETWORKS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY
  671. RIGHTS.
  672. You may not use this file except in compliance with the License. You may
  673. obtain a copy of the License on the web at
  674. https://www.helixcommunity.org/content/rcsl.
  675. *
  676. *
  677. ATTACHMENT B
  678. Description of Technology
  679. Helix DNA, which consists of Helix DNA Client, Helix DNA Server and
  680. Helix DNA Producer.
  681. Description of "Technology"
  682. Helix DNA Technology v1.0 as described on the Community Web Server.
  683. ATTACHMENT C
  684. TECHNOLOGY COMPATIBILITY KIT LICENSE
  685. The following license is effective for the *Helix DNA* Technology
  686. Compatibility Kit - as described on the Community Web Server. The
  687. Technology Compatibility Kit(s) for the Technology specified in
  688. Attachment B may be accessed at the Community Web Server.
  689. 1. TCK License.
  690. 1.1 Grants to use TCK
  691. Subject to the terms and restrictions set forth below and the
  692. RealNetworks Community Source License, and the Research Use license,
  693. Original Contributor grants to You a worldwide, non-exclusive,
  694. non-transferable license, to the extent of Original Contributor's
  695. Intellectual Property Rights in the TCK (without the right to
  696. sublicense), to use the TCK to develop and test Covered Code.
  697. 1.2 TCK Use Restrictions.
  698. You are not authorized to create derivative works of the TCK or use the
  699. TCK to test any implementation of the Specification that is not Covered
  700. Code. You may not publish Your test results or make claims of
  701. comparative compatibility with respect to other implementations of the
  702. Specification. In consideration for the license grant in Section 1.1
  703. above You agree not to develop Your own tests that are intended to
  704. validate conformation with the Specification.
  705. 2. Test Results.
  706. You agree to provide to Original Contributor or the third party test
  707. facility if applicable, Your test results that demonstrate that Covered
  708. Code is Compliant Covered Code and that Original Contributor may publish
  709. or otherwise distribute such test results.
  710. PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE
  711. "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND
  712. CONDITIONS OF THIS LICENSE WITH THE ORIGINAL CONTRIBUTOR, REALNETWORKS,
  713. INC. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU
  714. REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE.
  715. WHETHER YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY,
  716. YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE COMPETENT TO ENTER INTO
  717. CONTRACTS. IF YOU DO NOT MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY
  718. OF THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON
  719. TO EXIT.
  720. *ACCEPT / REJECT
  721. *
  722. *
  723. *
  724. *To agree to the R&D/academic terms of this license, please register
  725. <https://www.helixcommunity.org/2002/intro/why-register> on the site --
  726. you will then be given a chance to agree to the clickwrap RCSL
  727. <https://reguseronly.helixcommunity.org/2002/clickwrap/rcsl-clickwrap>
  728. R&D License
  729. <https://reguseronly.helixcommunity.org/2002/clickwrap/rcsl-clickwrap>
  730. and gain access to the RCSL-licensed source code. To build or deploy
  731. commercial applications based on the RCSL, you will need to agree to the
  732. Commercial Use license attachments
  733. <https://www.helixcommunity.org/content/rcsl-attachments>*