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diff --git a/licenses/RCSL-1.0 b/licenses/RCSL-1.0 new file mode 100644 index 00000000..2dd95590 --- /dev/null +++ b/licenses/RCSL-1.0 @@ -0,0 +1,944 @@ + REALNETWORKS COMMUNITY SOURCE LICENSE + + (RCSL) + +Version 1.0 (Rev. Date October 28, 2002). + + + 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 six distinct licenses: + +i. Research Use license - License plus Attachments A, B and C only. + +ii. Commercial Use License, which may be for Internal Deployment Use or +external distribution, or both -- License plus Attachments A, B, C, D and E. + +iii. Technology Compatibility Kit (TCK) license - Attachment C. + +iv. Trademark license - Attachment E. + +v. RealAudio/RealVideo Technology License (Executable) Client +Distribution License -Attachment F. + +vi) RealAudio/RealVideo Technology Source Code Porting +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, +Trademark, RealAudio/RealVideo Technology Licenses, and the +RealAudio/RealVideo Source Code Porting 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. + +*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 Trademark License Agreement attached hereto as +Attachment F. 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 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 license or TCK 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. + + 1. Press Announcements. + +You agree not to make any press announcement or other public statement +regarding this License without the prior written consent of the Original +Contributor. + +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. "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. + +2. "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. + +3. "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 both Attachment D and Attachment E by You and +Original Contributor. + +4. "Community Code" means the Original Code, Upgraded Code, Error +Corrections, Shared Modifications, or any combination thereof. + +5. "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. + +6. "Compliant Covered Code" means Covered Code that complies with the +requirements of the TCK. + +7. "Contributor" means each Licensee that creates or contributes to the +creation of any Error Correction or Shared Modification. + +8. "Covered Code" means the Original Code, Upgraded Code, Modifications, +or any combination thereof. + +9. "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. + +10. "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). + +11. "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. + +12. "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. + +13. "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. + +14. "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. + +15. "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. + +16. "Licensee" means any party that has entered into and has in effect a +version of this License with Original Contributor. + +17. "Modification(s)" means (i) any addition to, deletion from and/or +change to the substance and/or structure of the Covered Code; (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. + +18. "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. + +19. "Original Code" means the initial Source Code for the Technology as +described on the Community Web Server. + +20. "Original Contributor" means RealNetworks, Inc., its affiliates and +its successors and assigns. + +21. "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. + +22. "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. + +23. "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. + +24. "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. + +25. "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. + +26. "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. + +27. "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. + +28. "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. + +29. "Technology" means the technology described in Attachment B, and +Upgrades. + +30. "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. + +31. "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. + +32. "Upgraded Code" means the Source Code and/or Executables for +Upgrades, possibly including Modifications made by Contributors. + +33. "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. + +34. "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 1994-2002 © 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 1.0 (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, the Research Use license, and the +Commercial 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. Requirements for Determining Compliance. + +2.1 Definitions. + +a) "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. + +b) "Helix DNA Server Technology" means the program(s) that implement the +Helix Universal Server streaming engine for the Technology as defined in +the Specification. + +c) .Helix DNA Client Technology. means the Covered Code that implements +the Helix DNA Client engine as defined in the Specification. + +d) .Helix DNA Producer Technology. means the Covered Code that +implements the Helix Producer engine as defined in the Specification. + +e) .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. + +f) "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. + +2.2 Development Restrictions. + +Compliant Covered Code: + +a) must include Added Value for any Extensions or Shared Modifications + +b) must fully comply with the Specifications for the Technology +specified in Attachment B; + +c) may not modify or remove the Interfaces or underlying functionality +of the Covered Code except where explicitly allowed under the terms of +the TCK and Commercial Use License. + +d) must expose all APIs to developers and enable developers to directly +access those APIs concurrently with any other APIs that you expose to +developers. All such APIs must be fully functional for concurrent +access. You must provide developers with the same level and quality of +information regarding access to APIs for the Covered Code that You +provide for other APIs You expose to developers. + +e) may not modify the GUIDs identifying Interfaces, the definition of +Interfaces or the names identifying Interfaces in the Covered Code. + +f) for Helix DNA Client Technology, implement Ask, Tell, Help Compliance +in accordance with this paragraph and the policy set forth on +https://www.helixcommunity.org/2002/intro/ask-tell-help. For any +application that uses the Helix DNA Client Technology, You agree that +for all file extensions and MIME types proprietary to Original +Contributor or otherwise supported by a Helix DNA Client, You will not +change MIME registry, browser preferences or local file associations +invoking any other party media player without first presenting the user +with a dialog box or sequence of dialog boxes informing them of the fact +that they already have such player as the default player for such files +and of the consequences of making a change and asking the user whether +the user wants to change the default player. Such dialog box shall +conform to the .Ask, Tell, Help. policy set forth on +https://www.helixcommunity.org/2002/intro/ask-tell-help. When asking for +permission to become the default program you shall provide to the user +an explanation of any limitations on your program's ability to read +and/or write the type(s) of files that your are proposing to take by +default. + +2.3 Compatibility Testing. + +Successful compatibility testing must be completed by You, or at +Original Contributor's option, a third party designated by Original +Contributor, to conduct such tests, in accordance with the User's Guide, +and using the most current version of the applicable TCK available from +Original Contributor thirty (30) days (ninety [90] days in the case of +silicon implementations) prior to: (i) Your Internal Deployment Use; and +(ii) each release of Compliant Covered Code by You for Commercial Use, +together with Your Products, if any. In the event that You elect to use +a version of Upgraded Code that is newer than that which is required +under this Section 2.3, then You agree to pass the version of the TCK +that corresponds to such newer version of Upgraded Code + +2.4 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. + +RCSL v1.0 rev. date 10-28-02 + |