REALNETWORKS COMMUNITY SOURCE LICENSE (RCSL) Version 1.0 (Rev. Date October 28, 2002). RECITALS Original Contributor has developed Specifications, Source Code implementations and Executables of certain Technology; and Original Contributor desires to license the Technology to a large community to facilitate research, innovation and product development while maintaining compatibility of such products with the Technology as delivered by Original Contributor; and Original Contributor desires to license certain Trademarks for the purpose of branding products that are compatible with the relevant Technology delivered by Original Contributor; and You desire to license the Technology and possibly certain Trademarks from Original Contributor on the terms and conditions specified in this License. In consideration for the mutual covenants contained herein, You and Original Contributor agree as follows: AGREEMENT *1. Introduction.* The RealNetworks Community Source License ("RCSL") and effective attachments ("License") may include six distinct licenses: i. Research Use license - License plus Attachments A, B and C only. ii. Commercial Use License, which may be for Internal Deployment Use or external distribution, or both -- License plus Attachments A, B, C, D and E. iii. Technology Compatibility Kit (TCK) license - Attachment C. iv. Trademark license - Attachment E. v. RealAudio/RealVideo Technology License (Executable) Client Distribution License -Attachment F. vi) RealAudio/RealVideo Technology Source Code Porting License -Attachment G. The Research Use license is effective when You click and accept this License. The TCK is effective when You click and accept this License, unless otherwise specified in the TCK attachments. The Commercial Use, Trademark, RealAudio/RealVideo Technology Licenses, and the RealAudio/RealVideo Source Code Porting licenses must each be signed by You and Original Contributor to become effective. Once effective, these licenses and the associated requirements and responsibilities are cumulative. Capitalized terms used in this License are defined in the Glossary. *2. License Grants.* 2.1 Original Contributor Grant. Subject to Your compliance with Sections 3, 8.10 and Attachment A of this License, Original Contributor grants to You a worldwide, royalty-free, non-exclusive license, to the extent of Original Contributor's Intellectual Property Rights covering the Original Code, Upgraded Code and Specifications, to do the following: (a) Research Use License: (i) use, reproduce and modify the Original Code, Upgraded Code and Specifications to create Modifications and Reformatted Specifications for Research Use by You; (ii) publish and display Original Code, Upgraded Code and Specifications with, or as part of Modifications, as permitted under Section 3.1(b) below; (iii) reproduce and distribute copies of Original Code and Upgraded Code to Licensees and students for Research Use by You; (iv) compile, reproduce and distribute Original Code and Upgraded Code in Executable form, and Reformatted Specifications to anyone for Research Use by You. (b) Other than the licenses expressly granted in this License, Original Contributor retains all right, title, and interest in Original Code and Upgraded Code and Specifications. 2.2 Your Grants. (a) To Other Licensees. You hereby grant to each Licensee a license to Your Error Corrections and Shared Modifications, of the same scope and extent as Original Contributor's licenses under Section 2.1 a) above relative to Research Use and Attachment D relative to Commercial Use. (b) To Original Contributor. You hereby grant to Original Contributor a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, to the extent of Your Intellectual Property Rights covering Your Error Corrections, Shared Modifications and Reformatted Specifications, to use, reproduce, modify, display and distribute Your Error Corrections, Shared Modifications and Reformatted Specifications, in any form, including the right to sublicense such rights through multiple tiers of distribution. (c) Other than the licenses expressly granted in Sections 2.2(a) and (b) above, and the restrictions set forth in Section 3.1(d)(iv) below, You retain all right, title, and interest in Your Error Corrections, Shared Modifications and Reformatted Specifications. 2.3 Contributor Modifications. You may use, reproduce, modify, display and distribute Contributor Error Corrections, Shared Modifications and Reformatted Specifications, obtained by You under this License, to the same scope and extent as with Original Code, Upgraded Code and Specifications. 2.4 Subcontracting. You may deliver the Source Code of Covered Code to other Licensees having at least a Research Use license, for the sole purpose of furnishing development services to You in connection with Your rights granted in this License. All such Licensees must execute appropriate documents with respect to such work consistent with the terms of this License, and acknowledging their work-made-for-hire status or assigning exclusive right to the work product and associated Intellectual Property Rights to You. *3. Requirements and Responsibilities.* 3.1 Research Use License. As a condition of exercising the rights granted under Section 2.1(a) above, You agree to comply with the following: (a) Your Contribution to the Community. All Error Corrections and Shared Modifications which You create or contribute to are automatically subject to the licenses granted under Section 2.2 above. You are encouraged to license all of Your other Modifications under Section 2.2 as Shared Modifications, but are not required to do so. You agree to notify Original Contributor of any errors in the Specification. (b) Source Code Availability. You agree to provide all Your Error Corrections to Original Contributor as soon as reasonably practicable and, in any event, prior to Internal Deployment Use or Commercial Use, if applicable. Original Contributor may, at its discretion, post Source Code for Your Error Corrections and Shared Modifications on the Community Webserver. You may also post Error Corrections and Shared Modifications on a web-server of Your choice; provided, that You must take reasonable precautions to ensure that only Licensees have access to such Error Corrections and Shared Modifications. Such precautions shall include, without limitation, a password protection scheme limited to Licensees and a click-on, download certification of Licensee status required of those attempting to download from the server. An example of an acceptable certification is attached as Attachment A-2. (c) Notices. All Error Corrections and Shared Modifications You create or contribute to must include a file documenting the additions and changes You made and the date of such additions and changes. You must also include the notice set forth in Attachment A-1 in the file header. If it is not possible to put the notice in a particular Source Code file due to its structure, then You must include the notice in a location (such as a relevant directory file), where a recipient would be most likely to look for such a notice. (d) Redistribution. (i) Source. Covered Code may be distributed in Source Code form only to another Licensee (except for students as provided below). You may not offer or impose any terms on any Covered Code that alter the rights, requirements, or responsibilities of such Licensee. You may distribute Covered Code to students for use in connection with their course work and research projects undertaken at accredited educational institutions. Such students need not be Licensees, but must be given a copy of the notice set forth in Attachment A-3 and such notice must also be included in a file header or prominent location in the Source Code made available to such students. (ii) Executable. You may distribute Executable version(s) of Covered Code to Licensees and other third parties only for the purpose of evaluation and comment in connection with Research Use by You and under a license of Your choice, but which limits use of such Executable version(s) of Covered Code only to that purpose. (iii) Modified Class, Interface and Package Naming. In connection with Research Use by You only, You may use Original Contributor's class, Interface and package names only to accurately reference or invoke the Source Code files You modify. Original Contributor grants to You a limited license to the extent necessary for such purposes. (iv) You expressly agree that any distribution, in whole or in part, of Modifications developed by You shall only be done pursuant to the terms and conditions of this License. (e) Extensions. (i) Covered Code. You may not include any Source Code of Community Code in any Extensions. You may include the compiled Header Files of Community Code in an Extension provided that your use of the Covered Code, including Heading Files, complies with the Commercial Use License, the TCK and all other terms of this License. (ii) Publication. No later than the date on which You first distribute such Extension for Commercial Use, You must publish to the industry, on a non-confidential basis and free of all copyright restrictions with respect to reproduction and use, an accurate and current specification for any Extension. In addition, You must make available an appropriate test suite, pursuant to the same rights as the specification, sufficiently detailed to allow any third party reasonably skilled in the technology to produce implementations of the Extension compatible with the specification. Such test suites must be made available as soon as reasonably practicable but, in no event, later than ninety (90) days after Your first Commercial Use of the Extension. You must use reasonable efforts to promptly clarify and correct the specification and the test suite upon written request by Original Contributor. (iii) Open. You agree to refrain from enforcing any Intellectual Property Rights You may have covering any interface(s) of Your Extension, which would prevent the implementation of such interface(s) by Original Contributor or any Licensee. This obligation does not prevent You from enforcing any Intellectual Property Right You have that would otherwise be infringed by an implementation of Your Extension. (iv) Interface Modifications and Naming. You may not modify or add to the GUID space "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other GUID space designated by Original Contributor. You may not modify any Interface prefix provided with the Covered Code or any other prefix designated by Original Contributor. (f) You agree that any Specifications provided to You by Original Contributor are confidential and proprietary information of Original Contributor. You must maintain the confidentiality of the Specifications and may not disclose them to any third party without Original Contributor's prior written consent. You may only use the Specifications under the terms of this License and only for the purpose of implementing the terms of this License with respect to Covered Code. You agree not use, copy or distribute any such Specifications except as provided in writing by Original Contributor. *4. Versions of the License.* 4.1 License Versions. Original Contributor may publish revised versions of the License from time to time. Each version will be given a distinguishing version number. 4.2 Effect. Once a particular version of Covered Code has been provided under a version of the License, You may always continue to use such Covered Code under the terms of that version of the License. You may also choose to use such Covered Code under the terms of any subsequent version of the License. No one other than Original Contributor has the right to promulgate License versions. 4.3 Multiple-Licensed Code. Original Contributor may designate portions of the Covered Code as .Multiple-Licensed.. .Multiple-Licensed. means that the Original Contributor permits you to utilize those designated portions of the Covered Code under Your choice of this License or the alternative license(s), if any, specified by the Original Contributor in an Attachment to this License. *5. Disclaimer of Warranty.* 5.1 COVERED CODE PROVIDED AS IS. COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. 5.2 Not Designed for High Risk Activities. You acknowledge that Original Code, Upgraded Code and Specifications are not designed or intended for use in high risk activities including, but not limited to: (i) on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or (ii) in the design, construction, operation or maintenance of any nuclear facility. Original Contributor disclaims any express or implied warranty of fitness for such uses. *6. Termination.* 6.1 By You. You may terminate this Research Use license at anytime by providing written notice to Original Contributor. 6.2 By Original Contributor. This License and the rights granted hereunder will terminate: (i) automatically if You fail to comply with the terms of this License and fail to cure such breach within 30 days of receipt of written notice of the breach; (ii) immediately in the event of circumstances specified in Sections 7.1 and 8.4; or (iii) at Original Contributor's discretion upon any action initiated by You (including by cross-claim or counter claim) alleging that use or distribution by Original Contributor or any Licensee, of Original Code, Upgraded Code, Error Corrections, Shared Modifications or Specifications infringe a patent owned or controlled by You. 6.3 Effective of Termination. Upon termination, You agree to discontinue use of and destroy all copies of Covered Code in your possession. All sublicenses to the Covered Code which you have properly granted shall survive any termination of this License. Provisions that, by their nature, should remain in effect beyond the termination of this License shall survive including, without limitation, Sections 2.2, 3, 5, 7 and 8. 6.4 No Compensation. Each party waives and releases the other from any claim to compensation or indemnity for permitted or lawful termination of the business relationship established by this License. *7. Liability.* 7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or Specifications ("Materials") become the subject of a claim of infringement, Original Contributor may, at its sole option, (i) attempt to procure the rights necessary for You to continue using the Materials, (ii) modify the Materials so that they are no longer infringing, or (iii) terminate Your right to use the Materials, immediately upon written notice, and refund to You the amount, if any, having then actually been paid by You to Original Contributor for the Original Code, Upgraded Code and TCK, depreciated on a straight line, five year basis. 7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR RISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. *8. Miscellaneous.* 8.1 Trademark. You shall not use any Trademark unless You and Original Contributor execute a copy of the Trademark License Agreement attached hereto as Attachment F. Except as expressly provided in the License, You are granted no right, title or license to, or interest in, any Trademarks. Whether or not You and Original Contributor enter into the Trademark License, You agree not to (i) challenge Original Contributor's ownership or use of Trademarks; (ii) attempt to register any Trademarks, or any mark or logo substantially similar thereto; or (iii) incorporate any Trademarks into your own trademarks, product names, service marks, company names, or domain names. 8.2 Integration. This License represents the complete agreement concerning the subject matter hereof. 8.3 Assignment. Original Contributor may assign this License, and its rights and obligations hereunder, in its sole discretion. You may assign the Research Use portions of this License to a third party upon prior written notice to Original Contributor (which may be provided electronically via the Community Web-Server). You may not assign the Commercial Use license or TCK license, including by way of merger (regardless of whether You are the surviving entity) or acquisition, without Original Contributor's prior written consent. 8.4 Severability. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Notwithstanding the foregoing, if You are prohibited by law from fully and specifically complying with Sections 2.2 or 3, this License will immediately terminate and You must immediately discontinue any use of Covered Code. 8.5 Governing Law. This License shall be governed by the laws of the United States and the State of Washington, as applied to contracts entered into and to be performed in Washington between Washington residents. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that the state and federal courts located in Seattle, Washington have exclusive jurisdiction over any claim relating to the License, including contract and tort claims. 8.6 Dispute Resolution. a) Arbitration. Any dispute arising out of or relating to this License shall be finally settled by arbitration as set out herein, except that either party may bring any action, in a court of competent jurisdiction (which jurisdiction shall be exclusive), with respect to any dispute relating to such party's Intellectual Property Rights or with respect to Your compliance with the TCK license. Arbitration shall be administered: (i) by the American Arbitration Association (AAA), (ii) in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL) (the "Rules") in effect at the time of arbitration as modified herein; and (iii) the arbitrator will apply the substantive laws of Washington and the United States. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such award. b) Arbitration language, venue and damages. All arbitration proceedings shall be conducted in English by a single arbitrator selected in accordance with the Rules, who must be fluent in English and be either a retired judge or practicing attorney having at least ten (10) years litigation experience and be reasonably familiar with the technology matters relative to the dispute. Unless otherwise agreed, arbitration venue shall be in Seattle, Washington. The arbitrator may award monetary damages only and nothing shall preclude either party from seeking provisional or emergency relief from a court of competent jurisdiction. The arbitrator shall have no authority to award damages in excess of those permitted in this License and any such award in excess is void. All awards will be payable in U.S. dollars and may include, for the prevailing party (i) pre-judgment award interest, (ii) reasonable attorneys' fees incurred in connection with the arbitration, and (iii) reasonable costs and expenses incurred in enforcing the award. The arbitrator will order each party to produce identified documents and respond to no more than twenty-five single question interrogatories. 8.7 Construction. Any law or regulation, which provides that the language of a contract shall be construed against the drafter, shall not apply to this License. 8.8 U.S. Government End Users. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. You agree to pass this notice to our licensees. 8.9 Marketing Activities. Licensee hereby grants Original Contributor a non-exclusive, non-transferable, limited license to use the Licensee's company name and logo ("Licensee Marks") in any presentations, press releases, or marketing materials solely for the purpose of identifying Licensee as a member of the Helix Community. Licensee shall provide samples of Licensee Marks to Original Contributor upon request by Original Contributor. Original Contributor acknowledges that the Licensee Marks are the trademarks of Licensee. Original Contributor shall not use the Licensee Marks in a way that may imply that Original Contributor is an agency or branch of Licensee. Original Contributor understands and agrees that the use of any Licensee Marks in connection with this Agreement shall not create any right, title or interest, in, or to the Licensee Marks or any Licensee trademarks and that all such use and goodwill associated with any such trademarks will inure to the benefit of Licensee. Further the Original Contributor will stop usage of the Licensee Marks upon Licensee's request. 1. Press Announcements. You agree not to make any press announcement or other public statement regarding this License without the prior written consent of the Original Contributor. 8.11 International Use. a) Export/Import laws. Covered Code is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Each party agrees to comply strictly with all such laws and regulations and acknowledges their responsibility to obtain such licenses to export, re-export, or import as may be required. You agree to pass these obligations to Your licensees. b) Intellectual Property Protection. Due to limited intellectual property protection and enforcement in certain countries, You agree not to redistribute the Original Code, Upgraded Code, TCK and Specifications to any country on the list of restricted countries on the Community Web Server. 8.12 Language. This License is in the English language only, which language shall be controlling in all respects, and all versions of this License in any other language shall be for accommodation only and shall not be binding on the parties to this License. All communications and notices made or given pursuant to this License, and all documentation and support to be provided, unless otherwise noted, shall be in the English language. PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE WITH REALNETWORKS, INC. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY, YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT. GLOSSARY 1. "Applicable Patent Rights" mean: (a) in the case where Original Contributor is the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to Original Contributor and (ii) are necessarily infringed by using or making the Original Code or Upgraded Code, including Modifications provided by Original Contributor, alone and not in combination with other software or hardware; and (b) in the case where Licensee is the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to Licensee and (ii) are infringed (directly or indirectly) by using or making Licensee's Modifications or Error Corrections, taken alone or in combination with Covered Code. 2. "Application Programming Interfaces (APIs)" means the interfaces, associated header files, service provider interfaces, and protocols that enable a device, application, Operating System, or other program to obtain services from or make requests of (or provide services in response to requests from) other programs, and to use, benefit from, or rely on the resources, facilities, and capabilities of the relevant programs using the APIs. APIs includes the technical documentation describing the APIs, the Source Code constituting the API, and any Header Files used with the APIs. 3. "Commercial Use" means any use (internal or external), copying, sublicensing or distribution (internal or external), directly or indirectly of Covered Code by You other than Your Research Use of Covered Code within your business or organization or in conjunction with other Licensees with equivalent Research Use rights. Commercial Use includes any use of the Covered Code for direct or indirect commercial or strategic gain, advantage or other business purpose. Any Commercial Use requires execution of both Attachment D and Attachment E by You and Original Contributor. 4. "Community Code" means the Original Code, Upgraded Code, Error Corrections, Shared Modifications, or any combination thereof. 5. "Community Webserver(s)" means the webservers designated by Original Contributor for access to the Original Code, Upgraded Code, TCK and Specifications and for posting Error Corrections and Shared Modifications. 6. "Compliant Covered Code" means Covered Code that complies with the requirements of the TCK. 7. "Contributor" means each Licensee that creates or contributes to the creation of any Error Correction or Shared Modification. 8. "Covered Code" means the Original Code, Upgraded Code, Modifications, or any combination thereof. 9. "Error Correction" means any change made to Community Code which conforms to the Specification and corrects the adverse effect of a failure of Community Code to perform any function set forth in or required by the Specifications. 10. "Executable" means Covered Code that has been converted from Source Code to the preferred form for execution by a computer or digital processor (e.g. binary form). 11. "Extension(s)" means any additional Interfaces developed by or for You which: (i) are designed for use with the Technology; (ii) constitute an API for a library of computing functions or services; and (iii) are disclosed or otherwise made available to third party software developers for the purpose of developing software which invokes such additional Interfaces. The foregoing shall not apply to software developed by Your subcontractors to be exclusively used by You. 12. "Header File(s)" means that portion of the Source Code that provides the names and types of member functions, data members, class definitions, and interface definitions necessary to implement the APIs for the Covered Code. Header Files include, files specifically designated by Original Contributor as Header Files. Header Files do not include the code necessary to implement the functionality underlying the Interface. 13. "Intellectual Property Rights" means worldwide statutory and common law rights associated solely with (i) Applicable Patent Rights; (ii) works of authorship including copyrights, copyright applications, copyright registrations and "moral rights"; (iii) the protection of trade and industrial secrets and confidential information; and (iv) divisions, continuations, renewals, and re-issuances of the foregoing now existing or acquired in the future. 14. "Interface" means interfaces, functions, properties, class definitions, APIs, Header Files, GUIDs, V-Tables, and/or protocols allowing one piece of software, firmware or hardware to communicate or interoperate with another piece of software, firmware or hardware. 15. "Internal Deployment Use" means use of Compliant Covered Code (excluding Research Use) within Your business or organization only by Your employees and/or agents on behalf of Your business or organization, but not to provide services, including content distribution, to third parties, subject to execution of Attachment D by You and Original Contributor, if required. 16. "Licensee" means any party that has entered into and has in effect a version of this License with Original Contributor. 17. "Modification(s)" means (i) any addition to, deletion from and/or change to the substance and/or structure of the Covered Code; (ii) the combination of any Covered Code and any previous Modifications; (iii) any new file or other representation of computer program statements that contains any portion of Covered Code; and/or (iv) any new Source Code implementing any portion of the Specifications. 18. "MPEG-4 Patents" means any patents necessary to make, use or sell technology implementing any portion of the specification developed by the Moving Pictures Experts Group known as MPEG-4, including but not limited to all past and future versions, profiles, extensions, parts and amendments relating to the MPEG-4 specification. 19. "Original Code" means the initial Source Code for the Technology as described on the Community Web Server. 20. "Original Contributor" means RealNetworks, Inc., its affiliates and its successors and assigns. 21. "Personal Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use. 22. "RCSL Webpage" means the RealNetworks Community Source License webpage located at https://www.helixcommunity.org/content/rcsl or such other URL that Original Contributor may designate from time to time. 23. "Reformatted Specifications" means any revision to the Specifications which translates or reformats the Specifications (as for example in connection with Your documentation) but which does not alter, subset or superset the functional or operational aspects of the Specifications. 24. "Research Use" means use and distribution of Covered Code only for Your Personal Use, research or development use and expressly excludes Internal Deployment Use and Commercial Use. Research Use also includes use of Covered Code to teach individuals how to use Covered Code. 25. "Shared Modifications" means Modifications that you distribute or use for a Commercial Use, in addition to any Modifications provided by You, at Your option, pursuant to Section 2.2, or received by You from a Contributor pursuant to Section 2.3. 26. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. 27. "Specifications" means the specifications for the Technology and other documentation, as designated on the Community Web Server, as may be revised by Original Contributor from time to time. 28. "Trademarks" means Original Contributor's trademarks and logos, including, but not limited to, RealNetworks, RealAudio, RealVideo, RealOne, RealSystem, SureStream, Helix, Helix DNA and other trademarks whether now used or adopted in the future. 29. "Technology" means the technology described in Attachment B, and Upgrades. 30. "Technology Compatibility Kit" or "TCK" means the test programs, procedures, acceptance criteria and/or other requirements, designated by Original Contributor for use in verifying compliance of Covered Code with the Specifications, in conjunction with the Original Code and Upgraded Code. Original Contributor may, in its sole discretion and from time to time, revise a TCK to correct errors and/or omissions and in connection with Upgrades. 31. "Upgrade(s)" means new versions of Technology designated exclusively by Original Contributor as an "Upgrade" and released by Original Contributor from time to time under the terms of the License. 32. "Upgraded Code" means the Source Code and/or Executables for Upgrades, possibly including Modifications made by Contributors. 33. "You(r)" means an individual, or a legal entity acting by and through an individual or individuals, exercising rights either under this License or under a future version of this License issued pursuant to Section 4.1. For legal entities, "You(r)" includes any entity that by majority voting interest controls, is controlled by, or is under common control with You. 34. "Your Products" means any (i) hardware products you distribute integrating the Covered Code; (ii) any software products you distribute with the Covered Code that utilize the APIs of the Covered Code; or (iii) any services you provide using the Covered Code. ATTACHMENT A REQUIRED NOTICES ATTACHMENT A-1 REQUIRED IN ALL CASES Notice to be included in header file of all Error Corrections and Shared Modifications: Portions Copyright 1994-2002 © RealNetworks, Inc. All rights reserved. The contents of this file, and the files included with this file, are subject to the current version of RealNetworks Community Source License Version 1.0 (the "License"). You may not use this file except in compliance with the License executed by both you and RealNetworks. You may obtain a copy of the License at https://www.helixcommunity.org/content/rcsl. You may also obtain a copy of the License by contacting RealNetworks directly. Please see the License for the rights, obligations and limitations governing use of the contents of the file. This file is part of the Helix DNA technology. RealNetworks, Inc., is the developer of the Original code and owns the copyrights in the portions it created. This file, and the files included with this file, are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Contributor(s): _______________________________________________ Technology Compatibility Kit Test Suite(s) Location: ________________________________ ATTACHMENT A-2 SAMPLE LICENSEE CERTIFICATION "By clicking the `Agree' button below, You certify that You are a Licensee in good standing under the RealNetworks Community Source License, ("License") and that Your access, use and distribution of code and information You may obtain at this site is subject to the License. If you are not a Licensee under the RealNetworks Community Source License you agree not to download, copy or use the Helix DNA technology. ATTACHMENT A-3 REQUIRED STUDENT NOTIFICATION "This software and related documentation has been obtained by your educational institution subject to the RealNetworks Community Source License. You have been provided access to the software and related documentation for use only in connection with your course work and research activities as a matriculated student of your educational institution. Any other use is expressly prohibited. THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF REALNETWORKS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS. You may not use this file except in compliance with the License. You may obtain a copy of the License on the web at https://www.helixcommunity.org/content/rcsl. ATTACHMENT B Description of Technology Helix DNA, which consists of Helix DNA Client, Helix DNA Server and Helix DNA Producer. Description of "Technology" Helix DNA Technology v1.0 as described on the Community Web Server. ATTACHMENT C TECHNOLOGY COMPATIBILITY KIT LICENSE The following license is effective for the Helix DNA Technology Compatibility Kit - as described on the Community Web Server. The Technology Compatibility Kit(s) for the Technology specified in Attachment B may be accessed at the Community Web Server. 1. TCK License. 1.1) Grants to use TCK Subject to the terms and restrictions set forth below and the RealNetworks Community Source License, the Research Use license, and the Commercial Use License, Original Contributor grants to You a worldwide, non-exclusive, non-transferable license, to the extent of Original Contributor's Intellectual Property Rights in the TCK (without the right to sublicense), to use the TCK to develop and test Covered Code. 1.2) TCK Use Restrictions. You are not authorized to create derivative works of the TCK or use the TCK to test any implementation of the Specification that is not Covered Code. You may not publish your test results or make claims of comparative compatibility with respect to other implementations of the Specification. In consideration for the license grant in Section 1.1 above you agree not to develop your own tests that are intended to validate conformation with the Specification. 2. Requirements for Determining Compliance. 2.1 Definitions. a) "Added Value" means code which: (i) has a principal purpose which is substantially different from that of the stand-alone Technology; (ii) represents a significant functional and value enhancement to the Technology; (iii) operates in conjunction with the Technology; and (iv) is not marketed as a technology which replaces or substitutes for the Technology. b) "Helix DNA Server Technology" means the program(s) that implement the Helix Universal Server streaming engine for the Technology as defined in the Specification. c) .Helix DNA Client Technology. means the Covered Code that implements the Helix DNA Client engine as defined in the Specification. d) .Helix DNA Producer Technology. means the Covered Code that implements the Helix Producer engine as defined in the Specification. e) .Helix DNA Technology. means the Helix DNA Server Technology, the Helix DNA Client Technology, the Helix DNA Producer Technology and other Helix technologies designated by Original Contributor. f) "User's Guide" means the users guide for the TCK which Original Contributor makes available to You to provide direction in how to run the TCK and properly interpret the results, as may be revised by Original Contributor from time to time. 2.2 Development Restrictions. Compliant Covered Code: a) must include Added Value for any Extensions or Shared Modifications b) must fully comply with the Specifications for the Technology specified in Attachment B; c) may not modify or remove the Interfaces or underlying functionality of the Covered Code except where explicitly allowed under the terms of the TCK and Commercial Use License. d) must expose all APIs to developers and enable developers to directly access those APIs concurrently with any other APIs that you expose to developers. All such APIs must be fully functional for concurrent access. You must provide developers with the same level and quality of information regarding access to APIs for the Covered Code that You provide for other APIs You expose to developers. e) may not modify the GUIDs identifying Interfaces, the definition of Interfaces or the names identifying Interfaces in the Covered Code. f) for Helix DNA Client Technology, implement Ask, Tell, Help Compliance in accordance with this paragraph and the policy set forth on https://www.helixcommunity.org/2002/intro/ask-tell-help. For any application that uses the Helix DNA Client Technology, You agree that for all file extensions and MIME types proprietary to Original Contributor or otherwise supported by a Helix DNA Client, You will not change MIME registry, browser preferences or local file associations invoking any other party media player without first presenting the user with a dialog box or sequence of dialog boxes informing them of the fact that they already have such player as the default player for such files and of the consequences of making a change and asking the user whether the user wants to change the default player. Such dialog box shall conform to the .Ask, Tell, Help. policy set forth on https://www.helixcommunity.org/2002/intro/ask-tell-help. When asking for permission to become the default program you shall provide to the user an explanation of any limitations on your program's ability to read and/or write the type(s) of files that your are proposing to take by default. 2.3 Compatibility Testing. Successful compatibility testing must be completed by You, or at Original Contributor's option, a third party designated by Original Contributor, to conduct such tests, in accordance with the User's Guide, and using the most current version of the applicable TCK available from Original Contributor thirty (30) days (ninety [90] days in the case of silicon implementations) prior to: (i) Your Internal Deployment Use; and (ii) each release of Compliant Covered Code by You for Commercial Use, together with Your Products, if any. In the event that You elect to use a version of Upgraded Code that is newer than that which is required under this Section 2.3, then You agree to pass the version of the TCK that corresponds to such newer version of Upgraded Code 2.4 Test Results. You agree to provide to Original Contributor or the third party test facility if applicable, Your test results that demonstrate that Covered Code is Compliant Covered Code and that Original Contributor may publish or otherwise distribute such test results. PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE WITH THE ORIGINAL CONTRIBUTOR, REALNETWORKS, INC. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY, YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT. RCSL v1.0 rev. date 10-28-02