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