949 lines
43 KiB
Plaintext
949 lines
43 KiB
Plaintext
The RCSL is made up of a base agreement and a few Attachments.
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For Research and Development use, you agree to the terms of the
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RCSL R&D License (base RCSL and Attachments A, B, and C)
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For Commercial Use (either distribution or internal commercial
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deployment) of the Helix DNA with or without support for RealNetworks'
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RealAudio and RealVideo Add-on Technology, you agree to the
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terms of the same RCSL R&D license
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and execute one or more additional Commercial Use License attachments
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<see http://www.helixcommunity.org/content/rcsl-attachments>.
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------------------------------------------------------------------------
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REALNETWORKS COMMUNITY SOURCE LICENSE
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Version 1.2 (Rev. Date: January 22, 2003).
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RECITALS
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Original Contributor has developed Specifications, Source Code
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implementations and Executables of certain Technology; and
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Original Contributor desires to license the Technology to a large
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community to facilitate research, innovation and product development
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while maintaining compatibility of such products with the Technology as
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delivered by Original Contributor; and
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Original Contributor desires to license certain Trademarks for the
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purpose of branding products that are compatible with the relevant
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Technology delivered by Original Contributor; and
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You desire to license the Technology and possibly certain Trademarks
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from Original Contributor on the terms and conditions specified in this
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||
License.
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In consideration for the mutual covenants contained herein, You and
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Original Contributor agree as follows:
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AGREEMENT
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*1. Introduction.*
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The RealNetworks Community Source License ("RCSL") and effective
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attachments ("License") may include five distinct licenses:
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i) Research Use license -- License plus Attachments A, B and C only.
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ii) Commercial Use and Trademark License, which may be for Internal
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Deployment Use or external distribution, or both -- License plus
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Attachments A, B, C, and D.
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iii) Technology Compatibility Kit (TCK) license -- Attachment C.
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iv) Add-On Technology License (Executable) Commercial Use License
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-Attachment F.
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v) Add-On Technology Source Code Porting and Optimization
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License-Attachment G.
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The Research Use license is effective when You click and accept this
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License. The TCK is effective when You click and accept this License,
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unless otherwise specified in the TCK attachments. The Commercial Use
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and Trademark, Add-On Technology License, and the Add-On Technology
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Source Code Porting and Optimization licenses must each be signed by You
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and Original Contributor to become effective. Once effective, these
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licenses and the associated requirements and responsibilities are
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cumulative. Capitalized terms used in this License are defined in the
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Glossary.
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*2. License Grants.*
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2.1 Original Contributor Grant.
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Subject to Your compliance with Sections 3, 8.10 and Attachment A of
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this License, Original Contributor grants to You a worldwide,
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royalty-free, non-exclusive license, to the extent of Original
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Contributor's Intellectual Property Rights covering the Original Code,
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Upgraded Code and Specifications, to do the following:
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(a) Research Use License:
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(i) use, reproduce and modify the Original Code, Upgraded Code and
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Specifications to create Modifications and Reformatted Specifications
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for Research Use by You;
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(ii) publish and display Original Code, Upgraded Code and Specifications
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with, or as part of Modifications, as permitted under Section 3.1(b) below;
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(iii) reproduce and distribute copies of Original Code and Upgraded Code
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to Licensees and students for Research Use by You;
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(iv) compile, reproduce and distribute Original Code and Upgraded Code
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in Executable form, and Reformatted Specifications to anyone for
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Research Use by You.
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(b) Other than the licenses expressly granted in this License, Original
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Contributor retains all right, title, and interest in Original Code and
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Upgraded Code and Specifications.
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2.2 Your Grants.
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(a) To Other Licensees. You hereby grant to each Licensee a license to
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Your Error Corrections and Shared Modifications, of the same scope and
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extent as Original Contributor's licenses under Section 2.1 a) above
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relative to Research Use and Attachment D relative to Commercial Use.
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(b) To Original Contributor. You hereby grant to Original Contributor a
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worldwide, royalty-free, non-exclusive, perpetual and irrevocable
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license, to the extent of Your Intellectual Property Rights covering
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Your Error Corrections, Shared Modifications and Reformatted
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Specifications, to use, reproduce, modify, display and distribute Your
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Error Corrections, Shared Modifications and Reformatted Specifications,
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in any form, including the right to sublicense such rights through
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multiple tiers of distribution.
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(c) Other than the licenses expressly granted in Sections 2.2(a) and (b)
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above, and the restrictions set forth in Section 3.1(d)(iv) below, You
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retain all right, title, and interest in Your Error Corrections, Shared
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Modifications and Reformatted Specifications.
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2.3 Contributor Modifications.
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You may use, reproduce, modify, display and distribute Contributor Error
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Corrections, Shared Modifications and Reformatted Specifications,
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obtained by You under this License, to the same scope and extent as with
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Original Code, Upgraded Code and Specifications.
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2.4 Subcontracting.
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You may deliver the Source Code of Covered Code to other Licensees
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having at least a Research Use license, for the sole purpose of
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furnishing development services to You in connection with Your rights
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||
granted in this License. All such Licensees must execute appropriate
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||
documents with respect to such work consistent with the terms of this
|
||
License, and acknowledging their work-made-for-hire status or assigning
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exclusive right to the work product and associated Intellectual Property
|
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Rights to You.
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*3. Requirements and Responsibilities*.
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3.1 Research Use License.
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As a condition of exercising the rights granted under Section 2.1(a)
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above, You agree to comply with the following:
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(a) Your Contribution to the Community. All Error Corrections and Shared
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Modifications which You create or contribute to are automatically
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subject to the licenses granted under Section 2.2 above. You are
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encouraged to license all of Your other Modifications under Section 2.2
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as Shared Modifications, but are not required to do so. You agree to
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notify Original Contributor of any errors in the Specification.
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(b) Source Code Availability. You agree to provide all Your Error
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Corrections to Original Contributor as soon as reasonably practicable
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||
and, in any event, prior to Internal Deployment Use or Commercial Use,
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||
if applicable. Original Contributor may, at its discretion, post Source
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Code for Your Error Corrections and Shared Modifications on the
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Community Webserver. You may also post Error Corrections and Shared
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Modifications on a web-server of Your choice; provided, that You must
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take reasonable precautions to ensure that only Licensees have access to
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such Error Corrections and Shared Modifications. Such precautions shall
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include, without limitation, a password protection scheme limited to
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||
Licensees and a click-on, download certification of Licensee status
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required of those attempting to download from the server. An example of
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an acceptable certification is attached as Attachment A-2.
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(c) Notices. All Error Corrections and Shared Modifications You create
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or contribute to must include a file documenting the additions and
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changes You made and the date of such additions and changes. You must
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also include the notice set forth in Attachment A-1 in the file header.
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If it is not possible to put the notice in a particular Source Code file
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due to its structure, then You must include the notice in a location
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(such as a relevant directory file), where a recipient would be most
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likely to look for such a notice.
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(d) Redistribution.
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(i) Source. Covered Code may be distributed in Source Code form only to
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another Licensee (except for students as provided below). You may not
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offer or impose any terms on any Covered Code that alter the rights,
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requirements, or responsibilities of such Licensee. You may distribute
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Covered Code to students for use in connection with their course work
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and research projects undertaken at accredited educational institutions.
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Such students need not be Licensees, but must be given a copy of the
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notice set forth in Attachment A-3 and such notice must also be included
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in a file header or prominent location in the Source Code made available
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to such students.
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(ii) Executable. You may distribute Executable version(s) of Covered
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Code to Licensees and other third parties only for the purpose of
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evaluation and comment in connection with Research Use by You and under
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a license of Your choice, but which limits use of such Executable
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version(s) of Covered Code only to that purpose.
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(iii) Modified Class, Interface and Package Naming. In connection with
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Research Use by You only, You may use Original Contributor's class,
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Interface and package names only to accurately reference or invoke the
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Source Code files You modify. Original Contributor grants to You a
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||
limited license to the extent necessary for such purposes.
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(iv) You expressly agree that any distribution, in whole or in part, of
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Modifications developed by You shall only be done pursuant to the terms
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||
and conditions of this License.
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||
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(e) Extensions.
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(i) Covered Code. You may not include any Source Code of Community Code
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in any Extensions. You may include the compiled Header Files of
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Community Code in an Extension provided that Your use of the Covered
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Code, including Heading Files, complies with the Commercial Use License,
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the TCK and all other terms of this License.
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(ii) Publication. No later than the date on which You first distribute
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such Extension for Commercial Use, You must publish to the industry, on
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a non-confidential basis and free of all copyright restrictions with
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respect to reproduction and use, an accurate and current specification
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for any Extension. In addition, You must make available an appropriate
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test suite, pursuant to the same rights as the specification,
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sufficiently detailed to allow any third party reasonably skilled in the
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technology to produce implementations of the Extension compatible with
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the specification. Such test suites must be made available as soon as
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reasonably practicable but, in no event, later than ninety (90) days
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after Your first Commercial Use of the Extension. You must use
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reasonable efforts to promptly clarify and correct the specification and
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the test suite upon written request by Original Contributor.
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(iii) Open. You agree to refrain from enforcing any Intellectual
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Property Rights You may have covering any interface(s) of Your
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Extension, which would prevent the implementation of such interface(s)
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by Original Contributor or any Licensee. This obligation does not
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prevent You from enforcing any Intellectual Property Right You have that
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would otherwise be infringed by an implementation of Your Extension.
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||
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(iv) Interface Modifications and Naming. You may not modify or add to
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the GUID space * * "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other
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GUID space designated by Original Contributor. You may not modify any
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Interface prefix provided with the Covered Code or any other prefix
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designated by Original Contributor.* *
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* *
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(f) You agree that any Specifications provided to You by Original
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Contributor are confidential and proprietary information of Original
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Contributor. You must maintain the confidentiality of the Specifications
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||
and may not disclose them to any third party without Original
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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
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use, copy or distribute any such Specifications except as provided in
|
||
writing by Original Contributor.
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||
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3.2 Commercial Use License.
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||
You may not make Commercial Use of any Covered Code unless You and
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Original Contributor have executed a copy of the Commercial Use and
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Trademark License attached as Attachment D.
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*4. Versions of the License.*
|
||
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4.1 License Versions.
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||
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Original Contributor may publish revised versions of the License from
|
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time to time. Each version will be given a distinguishing version number.
|
||
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||
4.2 Effect.
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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
|
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promulgate License versions.
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4.3 Multiple-Licensed Code.
|
||
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Original Contributor may designate portions of the Covered Code as
|
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"Multiple-Licensed." "Multiple-Licensed" means that the Original
|
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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.
|
||
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||
*5. Disclaimer of Warranty.*
|
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5.1 COVERED CODE PROVIDED AS IS.
|
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COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF
|
||
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
|
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WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
|
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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
|
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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.
|
||
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5.2 Not Designed for High Risk Activities.
|
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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
|
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navigation or aircraft communications; or (ii) in the design,
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construction, operation or maintenance of any nuclear facility. Original
|
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Contributor disclaims any express or implied warranty of fitness for
|
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such uses.
|
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*6. Termination.*
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6.1 By You.
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You may terminate this Research Use license at anytime by providing
|
||
written notice to Original Contributor.
|
||
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6.2 By Original Contributor.
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||
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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;
|
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|
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(ii) immediately in the event of circumstances specified in Sections 7.1
|
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and 8.4; or
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|
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(iii) at Original Contributor's discretion upon any action initiated by
|
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You (including by cross-claim or counter claim) alleging that use or
|
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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.
|
||
|
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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.
|
||
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6.4 No Compensation.
|
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||
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.
|
||
|
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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 <20> 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>*
|
||
|
||
|
||
|