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authorBlackNoxis <steven.darklight@gmail.com>2015-01-14 02:36:29 +0200
committerBlackNoxis <steven.darklight@gmail.com>2015-01-14 02:36:29 +0200
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tree2c38914304a09a485d2faf953bd5eddd269ca3f6 /licenses/RCSL-1.2
parentaa643a9c90fd5b26791a987784ba0209bdbd3fb7 (diff)
Been drunk these days, I think. Forgot about the LICENSES
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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>*
+
+
+