path: root/licenses/RCSL-1.2

The RCSL is made up of a base agreement and a few Attachments.

For Research and Development use, you agree to the terms of the
RCSL R&D License (base RCSL and Attachments A, B, and C) 

For Commercial Use (either distribution or internal commercial
deployment) of the Helix DNA with or without support for RealNetworks'
RealAudio and RealVideo Add-on Technology, you agree to the
terms of the same RCSL R&D license
and execute one or more additional Commercial Use License attachments
<see http://www.helixcommunity.org/content/rcsl-attachments>.

------------------------------------------------------------------------


    REALNETWORKS COMMUNITY SOURCE LICENSE

Version 1.2 (Rev. Date: January 22, 2003).


  RECITALS

Original Contributor has developed Specifications, Source Code
implementations and Executables of certain Technology; and

Original Contributor desires to license the Technology to a large
community to facilitate research, innovation and product development
while maintaining compatibility of such products with the Technology as
delivered by Original Contributor; and

Original Contributor desires to license certain Trademarks for the
purpose of branding products that are compatible with the relevant
Technology delivered by Original Contributor; and

You desire to license the Technology and possibly certain Trademarks
from Original Contributor on the terms and conditions specified in this
License.

In consideration for the mutual covenants contained herein, You and
Original Contributor agree as follows:


  AGREEMENT

*1. Introduction.*

The RealNetworks Community Source License ("RCSL") and effective
attachments ("License") may include five distinct licenses:

i) Research Use license -- License plus Attachments A, B and C only.

ii) Commercial Use and Trademark License, which may be for Internal
Deployment Use or external distribution, or both -- License plus
Attachments A, B, C, and D.

iii) Technology Compatibility Kit (TCK) license -- Attachment C.

iv) Add-On Technology License (Executable) Commercial Use License
-Attachment F.

v) Add-On Technology Source Code Porting and Optimization
License-Attachment G.

The Research Use license is effective when You click and accept this
License. The TCK is effective when You click and accept this License,
unless otherwise specified in the TCK attachments. The Commercial Use
and Trademark, Add-On Technology License, and the Add-On Technology
Source Code Porting and Optimization licenses must each be signed by You
and Original Contributor to become effective. Once effective, these
licenses and the associated requirements and responsibilities are
cumulative. Capitalized terms used in this License are defined in the
Glossary.

*2. License Grants.*

2.1 Original Contributor Grant.

Subject to Your compliance with Sections 3, 8.10 and Attachment A of
this License, Original Contributor grants to You a worldwide,
royalty-free, non-exclusive license, to the extent of Original
Contributor's Intellectual Property Rights covering the Original Code,
Upgraded Code and Specifications, to do the following:

(a) Research Use License:

(i) use, reproduce and modify the Original Code, Upgraded Code and
Specifications to create Modifications and Reformatted Specifications
for Research Use by You;

(ii) publish and display Original Code, Upgraded Code and Specifications
with, or as part of Modifications, as permitted under Section 3.1(b) below;

(iii) reproduce and distribute copies of Original Code and Upgraded Code
to Licensees and students for Research Use by You;

(iv) compile, reproduce and distribute Original Code and Upgraded Code
in Executable form, and Reformatted Specifications to anyone for
Research Use by You.

(b) Other than the licenses expressly granted in this License, Original
Contributor retains all right, title, and interest in Original Code and
Upgraded Code and Specifications.

2.2 Your Grants.

(a) To Other Licensees. You hereby grant to each Licensee a license to
Your Error Corrections and Shared Modifications, of the same scope and
extent as Original Contributor's licenses under Section 2.1 a) above
relative to Research Use and Attachment D relative to Commercial Use.

(b) To Original Contributor. You hereby grant to Original Contributor a
worldwide, royalty-free, non-exclusive, perpetual and irrevocable
license, to the extent of Your Intellectual Property Rights covering
Your Error Corrections, Shared Modifications and Reformatted
Specifications, to use, reproduce, modify, display and distribute Your
Error Corrections, Shared Modifications and Reformatted Specifications,
in any form, including the right to sublicense such rights through
multiple tiers of distribution.

(c) Other than the licenses expressly granted in Sections 2.2(a) and (b)
above, and the restrictions set forth in Section 3.1(d)(iv) below, You
retain all right, title, and interest in Your Error Corrections, Shared
Modifications and Reformatted Specifications.

2.3 Contributor Modifications.

You may use, reproduce, modify, display and distribute Contributor Error
Corrections, Shared Modifications and Reformatted Specifications,
obtained by You under this License, to the same scope and extent as with
Original Code, Upgraded Code and Specifications.

2.4 Subcontracting.

You may deliver the Source Code of Covered Code to other Licensees
having at least a Research Use license, for the sole purpose of
furnishing development services to You in connection with Your rights
granted in this License. All such Licensees must execute appropriate
documents with respect to such work consistent with the terms of this
License, and acknowledging their work-made-for-hire status or assigning
exclusive right to the work product and associated Intellectual Property
Rights to You.

*3. Requirements and Responsibilities*.

3.1 Research Use License.

As a condition of exercising the rights granted under Section 2.1(a)
above, You agree to comply with the following:

(a) Your Contribution to the Community. All Error Corrections and Shared
Modifications which You create or contribute to are automatically
subject to the licenses granted under Section 2.2 above. You are
encouraged to license all of Your other Modifications under Section 2.2
as Shared Modifications, but are not required to do so. You agree to
notify Original Contributor of any errors in the Specification.

(b) Source Code Availability. You agree to provide all Your Error
Corrections to Original Contributor as soon as reasonably practicable
and, in any event, prior to Internal Deployment Use or Commercial Use,
if applicable. Original Contributor may, at its discretion, post Source
Code for Your Error Corrections and Shared Modifications on the
Community Webserver. You may also post Error Corrections and Shared
Modifications on a web-server of Your choice; provided, that You must
take reasonable precautions to ensure that only Licensees have access to
such Error Corrections and Shared Modifications. Such precautions shall
include, without limitation, a password protection scheme limited to
Licensees and a click-on, download certification of Licensee status
required of those attempting to download from the server. An example of
an acceptable certification is attached as Attachment A-2.

(c) Notices. All Error Corrections and Shared Modifications You create
or contribute to must include a file documenting the additions and
changes You made and the date of such additions and changes. You must
also include the notice set forth in Attachment A-1 in the file header.
If it is not possible to put the notice in a particular Source Code file
due to its structure, then You must include the notice in a location
(such as a relevant directory file), where a recipient would be most
likely to look for such a notice.

(d) Redistribution.

(i) Source. Covered Code may be distributed in Source Code form only to
another Licensee (except for students as provided below). You may not
offer or impose any terms on any Covered Code that alter the rights,
requirements, or responsibilities of such Licensee. You may distribute
Covered Code to students for use in connection with their course work
and research projects undertaken at accredited educational institutions.
Such students need not be Licensees, but must be given a copy of the
notice set forth in Attachment A-3 and such notice must also be included
in a file header or prominent location in the Source Code made available
to such students.

(ii) Executable. You may distribute Executable version(s) of Covered
Code to Licensees and other third parties only for the purpose of
evaluation and comment in connection with Research Use by You and under
a license of Your choice, but which limits use of such Executable
version(s) of Covered Code only to that purpose.

(iii) Modified Class, Interface and Package Naming. In connection with
Research Use by You only, You may use Original Contributor's class,
Interface and package names only to accurately reference or invoke the
Source Code files You modify. Original Contributor grants to You a
limited license to the extent necessary for such purposes.

(iv) You expressly agree that any distribution, in whole or in part, of
Modifications developed by You shall only be done pursuant to the terms
and conditions of this License.

(e) Extensions.

(i) Covered Code. You may not include any Source Code of Community Code
in any Extensions. You may include the compiled Header Files of
Community Code in an Extension provided that Your use of the Covered
Code, including Heading Files, complies with the Commercial Use License,
the TCK and all other terms of this License.

(ii) Publication. No later than the date on which You first distribute
such Extension for Commercial Use, You must publish to the industry, on
a non-confidential basis and free of all copyright restrictions with
respect to reproduction and use, an accurate and current specification
for any Extension. In addition, You must make available an appropriate
test suite, pursuant to the same rights as the specification,
sufficiently detailed to allow any third party reasonably skilled in the
technology to produce implementations of the Extension compatible with
the specification. Such test suites must be made available as soon as
reasonably practicable but, in no event, later than ninety (90) days
after Your first Commercial Use of the Extension. You must use
reasonable efforts to promptly clarify and correct the specification and
the test suite upon written request by Original Contributor.

(iii) Open. You agree to refrain from enforcing any Intellectual
Property Rights You may have covering any interface(s) of Your
Extension, which would prevent the implementation of such interface(s)
by Original Contributor or any Licensee. This obligation does not
prevent You from enforcing any Intellectual Property Right You have that
would otherwise be infringed by an implementation of Your Extension.

(iv) Interface Modifications and Naming. You may not modify or add to
the GUID space * * "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other
GUID space designated by Original Contributor. You may not modify any
Interface prefix provided with the Covered Code or any other prefix
designated by Original Contributor.* *

* *

(f) You agree that any Specifications provided to You by Original
Contributor are confidential and proprietary information of Original
Contributor. You must maintain the confidentiality of the Specifications
and may not disclose them to any third party without Original
Contributor's prior written consent. You may only use the Specifications
under the terms of this License and only for the purpose of implementing
the terms of this License with respect to Covered Code. You agree not
use, copy or distribute any such Specifications except as provided in
writing by Original Contributor.

3.2 Commercial Use License.

You may not make Commercial Use of any Covered Code unless You and
Original Contributor have executed a copy of the Commercial Use and
Trademark License attached as Attachment D.

*4. Versions of the License.*

4.1 License Versions.

Original Contributor may publish revised versions of the License from
time to time. Each version will be given a distinguishing version number.

4.2 Effect.

Once a particular version of Covered Code has been provided under a
version of the License, You may always continue to use such Covered Code
under the terms of that version of the License. You may also choose to
use such Covered Code under the terms of any subsequent version of the
License. No one other than Original Contributor has the right to
promulgate License versions.

4.3 Multiple-Licensed Code.

Original Contributor may designate portions of the Covered Code as
"Multiple-Licensed." "Multiple-Licensed" means that the Original
Contributor permits You to utilize those designated portions of the
Covered Code under Your choice of this License or the alternative
license(s), if any, specified by the Original Contributor in an
Attachment to this License.

*5. Disclaimer of Warranty.*

5.1 COVERED CODE PROVIDED AS IS.

COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE
RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER
THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT SUBJECT TO THIS DISCLAIMER.

5.2 Not Designed for High Risk Activities.

You acknowledge that Original Code, Upgraded Code and Specifications are
not designed or intended for use in high risk activities including, but
not limited to: (i) on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or (ii) in the design,
construction, operation or maintenance of any nuclear facility. Original
Contributor disclaims any express or implied warranty of fitness for
such uses.

*6. Termination.*

6.1 By You.

You may terminate this Research Use license at anytime by providing
written notice to Original Contributor.

6.2 By Original Contributor.

This License and the rights granted hereunder will terminate:

(i) automatically if You fail to comply with the terms of this License
and fail to cure such breach within 30 days of receipt of written notice
of the breach;

(ii) immediately in the event of circumstances specified in Sections 7.1
and 8.4; or

(iii) at Original Contributor's discretion upon any action initiated by
You (including by cross-claim or counter claim) alleging that use or
distribution by Original Contributor or any Licensee, of Original Code,
Upgraded Code, Error Corrections, Shared Modifications or Specifications
infringe a patent owned or controlled by You.

6.3 Effective of Termination.

Upon termination, You agree to discontinue use of and destroy all copies
of Covered Code in Your possession. All sublicenses to the Covered Code
which You have properly granted shall survive any termination of this
License. Provisions that, by their nature, should remain in effect
beyond the termination of this License shall survive including, without
limitation, Sections 2.2, 3, 5, 7 and 8.

6.4 No Compensation.

Each party waives and releases the other from any claim to compensation
or indemnity for permitted or lawful termination of the business
relationship established by this License.

*7. Liability.*

7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or
Specifications ("Materials") become the subject of a claim of
infringement, Original Contributor may, at its sole option, (i) attempt
to procure the rights necessary for You to continue using the Materials,
(ii) modify the Materials so that they are no longer infringing, or
(iii) terminate Your right to use the Materials, immediately upon
written notice, and refund to You the amount, if any, having then
actually been paid by You to Original Contributor for the Original Code,
Upgraded Code and TCK, depreciated on a straight line, five year basis.

7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE
LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS
LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED
PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO
ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR
ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS
PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL YOU (RELATIVE TO YOUR
SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR RISING OUT OF THIS LICENSE (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC
ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN
AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

*8. Miscellaneous.*

8.1 Trademark.

You shall not use any Trademark unless You and Original Contributor
execute a copy of the Commercial Use and Trademark License Agreement
attached hereto as Attachment D. Except as expressly provided in the
License, You are granted no right, title or license to, or interest in,
any Trademarks. Whether or not You and Original Contributor enter into
the Trademark License, You agree not to (i) challenge Original
Contributor's ownership or use of Trademarks; (ii) attempt to register
any Trademarks, or any mark or logo substantially similar thereto; or
(iii) incorporate any Trademarks into Your own trademarks, product
names, service marks, company names, or domain names.

8.2 Integration.

This License represents the complete agreement concerning the subject
matter hereof.

8.3 Assignment.

Original Contributor may assign this License, and its rights and
obligations hereunder, in its sole discretion. You may assign the
Research Use portions of this License and the TCK license to a third
party upon prior written notice to Original Contributor (which may be
provided electronically via the Community Web-Server). You may not
assign the Commercial Use and Trademark license, the Add-On Technology
License, or the Add-On Technology Source Code Porting License, including
by way of merger (regardless of whether You are the surviving entity) or
acquisition, without Original Contributor's prior written consent.

8.4 Severability.

If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. Notwithstanding the foregoing, if You are prohibited by law
from fully and specifically complying with Sections 2.2 or 3, this
License will immediately terminate and You must immediately discontinue
any use of Covered Code.

8.5 Governing Law.

This License shall be governed by the laws of the United States and the
State of Washington, as applied to contracts entered into and to be
performed in Washington between Washington residents. The application of
the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. You agree that the state and federal courts
located in Seattle, Washington have exclusive jurisdiction over any
claim relating to the License, including contract and tort claims.

8.6 Dispute Resolution.

a) Arbitration. Any dispute arising out of or relating to this License
shall be finally settled by arbitration as set out herein, except that
either party may bring any action, in a court of competent jurisdiction
(which jurisdiction shall be exclusive), with respect to any dispute
relating to such party's Intellectual Property Rights or with respect to
Your compliance with the TCK license. Arbitration shall be administered:
(i) by the American Arbitration Association (AAA), (ii) in accordance
with the rules of the United Nations Commission on International Trade
Law (UNCITRAL) (the "Rules") in effect at the time of arbitration as
modified herein; and (iii) the arbitrator will apply the substantive
laws of Washington and the United States. Judgment upon the award
rendered by the arbitrator may be entered in any court having
jurisdiction to enforce such award.

b) Arbitration language, venue and damages. All arbitration proceedings
shall be conducted in English by a single arbitrator selected in
accordance with the Rules, who must be fluent in English and be either a
retired judge or practicing attorney having at least ten (10) years
litigation experience and be reasonably familiar with the technology
matters relative to the dispute. Unless otherwise agreed, arbitration
venue shall be in Seattle, Washington. The arbitrator may award monetary
damages only and nothing shall preclude either party from seeking
provisional or emergency relief from a court of competent jurisdiction.
The arbitrator shall have no authority to award damages in excess of
those permitted in this License and any such award in excess is void.
All awards will be payable in U.S. dollars and may include, for the
prevailing party (i) pre-judgment award interest, (ii) reasonable
attorneys' fees incurred in connection with the arbitration, and (iii)
reasonable costs and expenses incurred in enforcing the award. The
arbitrator will order each party to produce identified documents and
respond to no more than twenty-five single question interrogatories.

8.7 Construction.

Any law or regulation, which provides that the language of a contract
shall be construed against the drafter, shall not apply to this License.

8.8 U.S. Government End Users.

The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
You agree to pass this notice to our licensees.

8.9 Marketing Activities.

Licensee hereby grants Original Contributor a non-exclusive,
non-transferable, limited license to use the Licensee's company name and
logo ("Licensee Marks") in any presentations, press releases, or
marketing materials solely for the purpose of identifying Licensee as a
member of the Helix Community. Licensee shall provide samples of
Licensee Marks to Original Contributor upon request by Original
Contributor. Original Contributor acknowledges that the Licensee Marks
are the trademarks of Licensee. Original Contributor shall not use the
Licensee Marks in a way that may imply that Original Contributor is an
agency or branch of Licensee. Original Contributor understands and
agrees that the use of any Licensee Marks in connection with this
Agreement shall not create any right, title or interest, in, or to the
Licensee Marks or any Licensee trademarks and that all such use and
goodwill associated with any such trademarks will inure to the benefit
of Licensee. Further the Original Contributor will stop usage of the
Licensee Marks upon Licensee's request.

8.10 Press Announcements.

You may make press announcements or other public statements regarding
this License without the prior written consent of the Original
Contributor, if Your statement is limited to announcing the licensing of
the Covered Code or the availability of Your Product and its
compatibility with the Covered Code. All other public announcements
regarding this license require the prior written consent of the Original
Contributor. Consent requests are welcome at press@helixcommunity.org.

8.11 International Use.

a) Export/Import laws. Covered Code is subject to U.S. export control
laws and may be subject to export or import regulations in other
countries. Each party agrees to comply strictly with all such laws and
regulations and acknowledges their responsibility to obtain such
licenses to export, re-export, or import as may be required. You agree
to pass these obligations to Your licensees.

b) Intellectual Property Protection. Due to limited intellectual
property protection and enforcement in certain countries, You agree not
to redistribute the Original Code, Upgraded Code, TCK and Specifications
to any country on the list of restricted countries on the Community Web
Server.

8.12 Language.

This License is in the English language only, which language shall be
controlling in all respects, and all versions of this License in any
other language shall be for accommodation only and shall not be binding
on the parties to this License. All communications and notices made or
given pursuant to this License, and all documentation and support to be
provided, unless otherwise noted, shall be in the English language.

PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE
"ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND
CONDITIONS OF THIS LICENSE WITH REALNETWORKS, INC. IF YOU ARE AGREEING
TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE
AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER YOU ARE ACTING
ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY, YOU MUST BE OF MAJORITY
AGE AND BE OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT
MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND
CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT.


    GLOSSARY

1. *"Added Value"* means code which:

(i) has a principal purpose which is substantially different from that
of the stand-alone Technology;

(ii) represents a significant functional and value enhancement to the
Technology;

(iii) operates in conjunction with the Technology; and

(iv) is not marketed as a technology which replaces or substitutes for
the Technology

2. "*Applicable Patent Rights*" mean: (a) in the case where Original
Contributor is the grantor of rights, claims of patents that (i) are now
or hereafter acquired, owned by or assigned to Original Contributor and
(ii) are necessarily infringed by using or making the Original Code or
Upgraded Code, including Modifications provided by Original Contributor,
alone and not in combination with other software or hardware; and (b) in
the case where Licensee is the grantor of rights, claims of patents that
(i) are now or hereafter acquired, owned by or assigned to Licensee and
(ii) are infringed (directly or indirectly) by using or making
Licensee's Modifications or Error Corrections, taken alone or in
combination with Covered Code.

3. "*Application Programming Interfaces (APIs)"* means the interfaces,
associated header files, service provider interfaces, and protocols that
enable a device, application, Operating System, or other program to
obtain services from or make requests of (or provide services in
response to requests from) other programs, and to use, benefit from, or
rely on the resources, facilities, and capabilities of the relevant
programs using the APIs. APIs includes the technical documentation
describing the APIs, the Source Code constituting the API, and any
Header Files used with the APIs.

4. "*Commercial Use*" means any use (internal or external), copying,
sublicensing or distribution (internal or external), directly or
indirectly of Covered Code by You other than Your Research Use of
Covered Code within Your business or organization or in conjunction with
other Licensees with equivalent Research Use rights. Commercial Use
includes any use of the Covered Code for direct or indirect commercial
or strategic gain, advantage or other business purpose. Any Commercial
Use requires execution of Attachment D by You and Original Contributor.

5. "*Community Code*" means the Original Code, Upgraded Code, Error
Corrections, Shared Modifications, or any combination thereof.

6. "*Community Webserver(s)"* means the webservers designated by
Original Contributor for access to the Original Code, Upgraded Code, TCK
and Specifications and for posting Error Corrections and Shared
Modifications.

7. "*Compliant Covered Code*" means Covered Code that complies with the
requirements of the TCK.

8. "*Contributor*" means each Licensee that creates or contributes to
the creation of any Error Correction or Shared Modification.

9. "*Covered Code*" means the Original Code, Upgraded Code,
Modifications, or any combination thereof.

10. "*Error Correction*" means any change made to Community Code which
conforms to the Specification and corrects the adverse effect of a
failure of Community Code to perform any function set forth in or
required by the Specifications.

11. "*Executable*" means Covered Code that has been converted from
Source Code to the preferred form for execution by a computer or digital
processor (e.g. binary form).

12. "*Extension(s)"* means any additional Interfaces developed by or for
You which: (i) are designed for use with the Technology; (ii) constitute
an API for a library of computing functions or services; and (iii) are
disclosed or otherwise made available to third party software developers
for the purpose of developing software which invokes such additional
Interfaces. The foregoing shall not apply to software developed by Your
subcontractors to be exclusively used by You.

13. "*Header File(s)"* means that portion of the Source Code that
provides the names and types of member functions, data members, class
definitions, and interface definitions necessary to implement the APIs
for the Covered Code. Header Files include, files specifically
designated by Original Contributor as Header Files. Header Files do not
include the code necessary to implement the functionality underlying the
Interface.

14. *"Helix DNA Server Technology"* means the program(s) that implement
the Helix Universal Server streaming engine for the Technology as
defined in the Specification.

15. *"Helix DNA Client Technology"* means the Covered Code that
implements the RealOne Player engine as defined in the Specification.

16. *"Helix DNA Producer Technology"* means the Covered Code that
implements the Helix Producer engine as defined in the Specification.

17. *"Helix DNA Technology"* means the Helix DNA Server Technology, the
Helix DNA Client Technology, the Helix DNA Producer Technology and other
Helix technologies designated by Original Contributor.

18. "*Intellectual Property Rights*" means worldwide statutory and
common law rights associated solely with (i) Applicable Patent Rights;
(ii) works of authorship including copyrights, copyright applications,
copyright registrations and "moral rights"; (iii) the protection of
trade and industrial secrets and confidential information; and (iv)
divisions, continuations, renewals, and re-issuances of the foregoing
now existing or acquired in the future.

19. *"Interface*" means interfaces, functions, properties, class
definitions, APIs, Header Files, GUIDs, V-Tables, and/or protocols
allowing one piece of software, firmware or hardware to communicate or
interoperate with another piece of software, firmware or hardware.

20. "*Internal Deployment Use*" means use of Compliant Covered Code
(excluding Research Use) within Your business or organization only by
Your employees and/or agents on behalf of Your business or organization,
but not to provide services, including content distribution, to third
parties, subject to execution of Attachment D by You and Original
Contributor, if required.

21. "*Licensee*" means any party that has entered into and has in effect
a version of this License with Original Contributor.

22. "*MIME type*" means a description of what type of media or other
content is in a file, including by way of example but not limited to
'audio/x-pn-realaudio-plugin.'

23. "*Modification(s)"* means (i) any addition to, deletion from and/or
change to the substance and/or structure of the Covered Code, including
Interfaces; (ii) the combination of any Covered Code and any previous
Modifications; (iii) any new file or other representation of computer
program statements that contains any portion of Covered Code; and/or
(iv) any new Source Code implementing any portion of the Specifications.

24. "*MP3 Patents*" means any patents necessary to make, use or sell
technology implementing any portion of the specification developed by
the Moving Picture Experts Group known as MPEG-1 Audio Layer-3 or MP3,
including but not limited to all past and future versions, profiles,
extensions, parts and amendments relating to the MP3 specification.

25. "*MPEG-4 Patents*" means any patents necessary to make, use or sell
technology implementing any portion of the specification developed by
the Moving Pictures Experts Group known as MPEG-4, including but not
limited to all past and future versions, profiles, extensions, parts and
amendments relating to the MPEG-4 specification.

26. "*Original Code*" means the initial Source Code for the Technology
as described on the Community Web Server.

27. "*Original Contributor*" means RealNetworks, Inc., its affiliates
and its successors and assigns.

28. "*Original Contributor MIME Type*" means the MIME registry, browser
preferences, or local file/protocol associations invoking any Helix DNA
Client-based application, including the RealOne Player, for playback of
RealAudio, RealVideo, other RealMedia MIME types or datatypes (e.g.,
.ram, .rnx, .rpm, .ra, .rm, .rp, .rt, .rf, .prx, .mpe, .rmp, .rmj, .rav,
.rjs, .rmx, .rjt, .rms), and any other Original Contributor-specific or
proprietary MIME types that Original Contributor may introduce in the
future.

29. "*Personal Use*" means use of Covered Code by an individual solely
for his or her personal, private and non-commercial purposes. An
individual's use of Covered Code in his or her capacity as an officer,
employee, member, independent contractor or agent of a corporation,
business or organization (commercial or non-commercial) does not qualify
as Personal Use.

30. "*RealMedia File Format*" means the file format designed and
developed by RealNetworks for storing multimedia data and used to store
RealAudio and RealVideo encoded streams. Valid RealMedia File Format
extensions include: .rm, .rmj, .rmc, .rmvb, .rms.

31. "*RCSL Webpage*" means the RealNetworks Community Source License
webpage located at https://www.helixcommunity.org/content/rcsl or such
other URL that Original Contributor may designate from time to time.

32. "*Reformatted Specifications*" means any revision to the
Specifications which translates or reformats the Specifications (as for
example in connection with Your documentation) but which does not alter,
subset or superset * *the functional or operational aspects of the
Specifications.

33. "*Research Use*" means use and distribution of Covered Code only for
Your Personal Use, research or development use and expressly excludes
Internal Deployment Use and Commercial Use. Research Use also includes
use of Covered Code to teach individuals how to use Covered Code.

34. "*Shared Modifications*" means Modifications that You distribute or
use for a Commercial Use, in addition to any Modifications provided by
You, at Your option, pursuant to Section 2.2, or received by You from a
Contributor pursuant to Section 2.3.

35. "*Source Code*" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.

36. "*Specifications*" means the specifications for the Technology and
other documentation, as designated on the Community Web Server, as may
be revised by Original Contributor from time to time.

37. "*Trademarks*" means Original Contributor's trademarks and logos,
including, but not limited to, RealNetworks, RealAudio, RealVideo,
RealOne, RealSystem, SureStream, Helix, Helix DNA and other trademarks
whether now used or adopted in the future.

38. "*Technology*" means the technology described in Attachment B, and
Upgrades.

39. "*Technology Compatibility Kit"* or *"TCK*" means the test programs,
procedures, acceptance criteria and/or other requirements, designated by
Original Contributor for use in verifying compliance of Covered Code
with the Specifications, in conjunction with the Original Code and
Upgraded Code. Original Contributor may, in its sole discretion and from
time to time, revise a TCK to correct errors and/or omissions and in
connection with Upgrades.

40. "*Upgrade(s)"* means new versions of Technology designated
exclusively by Original Contributor as an "Upgrade" and released by
Original Contributor from time to time under the terms of the License.

41. "*Upgraded Code*" means the Source Code and/or Executables for
Upgrades, possibly including Modifications made by Contributors.

42. *"User's Guide"* means the users guide for the TCK which Original
Contributor makes available to You to provide direction in how to run
the TCK and properly interpret the results, as may be revised by
Original Contributor from time to time.

43. "*You(r)*" means an individual, or a legal entity acting by and
through an individual or individuals, exercising rights either under
this License or under a future version of this License issued pursuant
to Section 4.1. For legal entities, "You(r)" includes any entity that by
majority voting interest controls, is controlled by, or is under common
control with You.

44. "*Your Products*" means any (i) hardware products You distribute
integrating the Covered Code; (ii) any software products You distribute
with the Covered Code that utilize the APIs of the Covered Code; or
(iii) any services You provide using the Covered Code.


  ATTACHMENT A

REQUIRED NOTICES


    ATTACHMENT A-1

REQUIRED IN ALL CASES

Notice to be included in header file of all Error Corrections and Shared
Modifications:

Portions Copyright 1994-2003 © RealNetworks, Inc. All rights reserved.

The contents of this file, and the files included with this file, are
subject to the current version of RealNetworks Community Source License
Version 1.1 (the "License"). You may not use this file except in
compliance with the License executed by both You and RealNetworks. You
may obtain a copy of the License at *
https://www.helixcommunity.org/content/rcsl.* You may also obtain a copy
of the License by contacting RealNetworks directly. Please see the
License for the rights, obligations and limitations governing use of the
contents of the file.

This file is part of the Helix DNA technology. RealNetworks, Inc., is
the developer of the Original code and owns the copyrights in the
portions it created.

This file, and the files included with this file, are distributed on an
'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

Contributor(s):

_______________________________________________

Technology Compatibility Kit Test Suite(s) Location:

________________________________


    ATTACHMENT A-2

SAMPLE LICENSEE CERTIFICATION

"By clicking the `Agree' button below, You certify that You are a
Licensee in good standing under the RealNetworks Community Source
License, ("License") and that Your access, use and distribution of code
and information You may obtain at this site is subject to the License.
If You are not a Licensee under the RealNetworks Community Source
License You agree not to download, copy or use the Helix DNA technology.


    ATTACHMENT A-3

REQUIRED STUDENT NOTIFICATION

"This software and related documentation has been obtained by Your
educational institution subject to the RealNetworks Community Source
License. You have been provided access to the software and related
documentation for use only in connection with your course work and
research activities as a matriculated student of Your educational
institution. Any other use is expressly prohibited.

THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF
REALNETWORKS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY
RIGHTS.

You may not use this file except in compliance with the License. You may
obtain a copy of the License on the web at
https://www.helixcommunity.org/content/rcsl.

*
*


  ATTACHMENT B

Description of Technology

Helix DNA, which consists of Helix DNA Client, Helix DNA Server and
Helix DNA Producer.

Description of "Technology"

Helix DNA Technology v1.0 as described on the Community Web Server.


  ATTACHMENT C

TECHNOLOGY COMPATIBILITY KIT LICENSE

The following license is effective for the *Helix DNA* Technology
Compatibility Kit - as described on the Community Web Server. The
Technology Compatibility Kit(s) for the Technology specified in
Attachment B may be accessed at the Community Web Server.

1. TCK License.

1.1 Grants to use TCK

Subject to the terms and restrictions set forth below and the
RealNetworks Community Source License, and the Research Use license,
Original Contributor grants to You a worldwide, non-exclusive,
non-transferable license, to the extent of Original Contributor's
Intellectual Property Rights in the TCK (without the right to
sublicense), to use the TCK to develop and test Covered Code.

1.2 TCK Use Restrictions.

You are not authorized to create derivative works of the TCK or use the
TCK to test any implementation of the Specification that is not Covered
Code. You may not publish Your test results or make claims of
comparative compatibility with respect to other implementations of the
Specification. In consideration for the license grant in Section 1.1
above You agree not to develop Your own tests that are intended to
validate conformation with the Specification.

2. Test Results.

You agree to provide to Original Contributor or the third party test
facility if applicable, Your test results that demonstrate that Covered
Code is Compliant Covered Code and that Original Contributor may publish
or otherwise distribute such test results.

PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE
"ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND
CONDITIONS OF THIS LICENSE WITH THE ORIGINAL CONTRIBUTOR, REALNETWORKS,
INC. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU
REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE.
WHETHER YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY,
YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE COMPETENT TO ENTER INTO
CONTRACTS. IF YOU DO NOT MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY
OF THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON
TO EXIT.

*ACCEPT / REJECT
*

*
*

*To agree to the R&D/academic terms of this license, please register
<https://www.helixcommunity.org/2002/intro/why-register> on the site --
you will then be given a chance to agree to the clickwrap RCSL
<https://reguseronly.helixcommunity.org/2002/clickwrap/rcsl-clickwrap>
R&D License
<https://reguseronly.helixcommunity.org/2002/clickwrap/rcsl-clickwrap>
and gain access to the RCSL-licensed source code.  To build or deploy
commercial applications based on the RCSL, you will need to agree to the
Commercial Use license attachments
<https://www.helixcommunity.org/content/rcsl-attachments>*