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1 | |||
2 | RealNetworks Public Source License Version 1.0 | ||
3 | |||
4 | (Rev. Date October 28, 2002) | ||
5 | |||
6 | Also available in text format. | ||
7 | |||
8 | 1. General Definitions. This License applies to any program or other work which | ||
9 | RealNetworks, Inc., or any other entity that elects to use this license, | ||
10 | ("Licensor") makes publicly available and which contains a notice | ||
11 | placed by Licensor identifying such program or work as "Original | ||
12 | Code" and stating that it is subject to the terms of this RealNetworks | ||
13 | Public Source License version 1.0 (or subsequent version thereof) | ||
14 | ("License"). You are not required to accept this License. However, | ||
15 | nothing else grants You permission to use, copy, modify or distribute the | ||
16 | software or its derivative works. These actions are prohibited by law if You do | ||
17 | not accept this License. Therefore, by modifying, copying or distributing the | ||
18 | software (or any work based on the software), You indicate your acceptance of | ||
19 | this License to do so, and all its terms and conditions. In addition, you agree | ||
20 | to the terms of this License by clicking the Accept button or downloading the | ||
21 | software. As used in this License: | ||
22 | |||
23 | 1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor | ||
24 | is the grantor of rights, claims of patents that (i) are now or hereafter | ||
25 | acquired, owned by or assigned to Licensor and (ii) are necessarily infringed | ||
26 | by using or making the Original Code alone and not in combination with other | ||
27 | software or hardware; and (b) in the case where You are the grantor of rights, | ||
28 | claims of patents that (i) are now or hereafter acquired, owned by or assigned | ||
29 | to You and (ii) are infringed (directly or indirectly) by using or making Your | ||
30 | Modifications, taken alone or in combination with Original Code. | ||
31 | |||
32 | 1.2 "Compatible Source License" means any one of the licenses listed | ||
33 | on Exhibit B or at https://www.helixcommunity.org/content/complicense or other | ||
34 | licenses specifically identified by Licensor in writing. Notwithstanding any | ||
35 | term to the contrary in any Compatible Source License, any code covered by any | ||
36 | Compatible Source License that is used with Covered Code must be made readily | ||
37 | available in Source Code format for royalty-free use under the terms of the | ||
38 | Compatible Source License or this License. | ||
39 | |||
40 | 1.3 "Contributor" means any person or entity that creates or | ||
41 | contributes to the creation of Modifications. | ||
42 | |||
43 | 1.4 "Covered Code" means the Original Code, Modifications, the | ||
44 | combination of Original Code and any Modifications, and/or any respective | ||
45 | portions thereof. | ||
46 | |||
47 | 1.5 "Deploy" means to use, sublicense or distribute Covered Code | ||
48 | other than for Your internal research and development (R&D) and/or Personal | ||
49 | Use, and includes without limitation, any and all internal use or distribution | ||
50 | of Covered Code within Your business or organization except for R&D use | ||
51 | and/or Personal Use, as well as direct or indirect sublicensing or distribution | ||
52 | of Covered Code by You to any third party in any form or manner. | ||
53 | |||
54 | 1.6 "Derivative Work" means either the Covered Code or any derivative | ||
55 | work under United States copyright law, and including any work containing or | ||
56 | including any portion of the Covered Code or Modifications, either verbatim or | ||
57 | with modifications and/or translated into another language. Derivative Work | ||
58 | also includes any work which combines any portion of Covered Code or | ||
59 | Modifications with code not otherwise governed by the terms of this License. | ||
60 | |||
61 | 1.7 "Externally Deploy" means to Deploy the Covered Code in any way | ||
62 | that may be accessed or used by anyone other than You, used to provide any | ||
63 | services to anyone other than You, or used in any way to deliver any content to | ||
64 | anyone other than You, whether the Covered Code is distributed to those | ||
65 | parties, made available as an application intended for use over a computer | ||
66 | network, or used to provide services or otherwise deliver content to anyone | ||
67 | other than You. | ||
68 | |||
69 | 1.8. "Interface" means interfaces, functions, properties, class | ||
70 | definitions, APIs, header files, GUIDs, V-Tables, and/or protocols allowing one | ||
71 | piece of software, firmware or hardware to communicate or interoperate with | ||
72 | another piece of software, firmware or hardware. | ||
73 | |||
74 | 1.9 "Modifications" mean any addition to, deletion from, and/or | ||
75 | change to, the substance and/or structure of the Original Code, any previous | ||
76 | Modifications, the combination of Original Code and any previous Modifications, | ||
77 | and/or any respective portions thereof. When code is released as a series of | ||
78 | files, a Modification is: (a) any addition to or deletion from the contents of | ||
79 | a file containing Covered Code; and/or (b) any new file or other representation | ||
80 | of computer program statements that contains any part of Covered Code. | ||
81 | |||
82 | 1.10 "Original Code" means (a) the Source Code of a program or other | ||
83 | work as originally made available by Licensor under this License, including the | ||
84 | Source Code of any updates or upgrades to such programs or works made available | ||
85 | by Licensor under this License, and that has been expressly identified by | ||
86 | Licensor as such in the header file(s) of such work; and (b) the object code | ||
87 | compiled from such Source Code and originally made available by Licensor under | ||
88 | this License. | ||
89 | |||
90 | 1.11 "Personal Use" means use of Covered Code by an individual solely | ||
91 | for his or her personal, private and non-commercial purposes. An individual's | ||
92 | use of Covered Code in his or her capacity as an officer, employee, member, | ||
93 | independent contractor or agent of a corporation, business or organization | ||
94 | (commercial or non-commercial) does not qualify as Personal Use. | ||
95 | |||
96 | 1.12 "Source Code" means the human readable form of a program or | ||
97 | other work that is suitable for making modifications to it, including all | ||
98 | modules it contains, plus any associated interface definition files, scripts | ||
99 | used to control compilation and installation of an executable (object code). | ||
100 | |||
101 | 1.13 "You" or "Your" means an individual or a legal entity | ||
102 | exercising rights under this License. For legal entities, "You" or | ||
103 | "Your" includes any entity which controls, is controlled by, or is | ||
104 | under common control with, You, where "control" means (a) the power, | ||
105 | direct or indirect, to cause the direction or management of such entity, | ||
106 | whether by contract or otherwise, or (b) ownership of fifty percent (50%) or | ||
107 | more of the outstanding shares or beneficial ownership of such entity. | ||
108 | |||
109 | 2. Permitted Uses; Conditions & Restrictions. Subject to the terms and | ||
110 | conditions of this License, Licensor hereby grants You, effective on the date | ||
111 | You accept this License (via downloading or using Covered Code or otherwise | ||
112 | indicating your acceptance of this License), a worldwide, royalty-free, non- | ||
113 | exclusive copyright license, to the extent of Licensor's copyrights cover the | ||
114 | Original Code, to do the following: | ||
115 | |||
116 | 2.1 You may reproduce, display, perform, modify and Deploy Covered Code, | ||
117 | provided that in each instance: | ||
118 | |||
119 | (a) You must retain and reproduce in all copies of Original Code the copyright | ||
120 | and other proprietary notices and disclaimers of Licensor as they appear in the | ||
121 | Original Code, and keep intact all notices in the Original Code that refer to | ||
122 | this License; | ||
123 | |||
124 | (b) You must include a copy of this License with every copy of Source Code of | ||
125 | Covered Code and documentation You distribute, and You may not offer or impose | ||
126 | any terms on such Source Code that alter or restrict this License or the | ||
127 | recipients' rights hereunder, except as permitted under Section 6; | ||
128 | |||
129 | (c) You must duplicate, to the extent it does not already exist, the notice in | ||
130 | Exhibit A in each file of the Source Code of all Your Modifications, and cause | ||
131 | the modified files to carry prominent notices stating that You changed the | ||
132 | files and the date of any change; | ||
133 | |||
134 | (d) You must make Source Code of all Your Externally Deployed Modifications | ||
135 | publicly available under the terms of this License, including the license | ||
136 | grants set forth in Section 3 below, for as long as you Deploy the Covered Code | ||
137 | or twelve (12) months from the date of initial Deployment, whichever is longer. | ||
138 | You should preferably distribute the Source Code of Your Deployed Modifications | ||
139 | electronically (e.g. download from a web site); and | ||
140 | |||
141 | (e) if You Deploy Covered Code in object code, executable form only, You must | ||
142 | include a prominent notice, in the code itself as well as in related | ||
143 | documentation, stating that Source Code of the Covered Code is available under | ||
144 | the terms of this License with information on how and where to obtain such | ||
145 | Source Code. You must also include the Object Code Notice set forth in Exhibit | ||
146 | A in the "about" box or other appropriate place where other copyright | ||
147 | notices are placed, including any packaging materials. | ||
148 | |||
149 | 2.2 You expressly acknowledge and agree that although Licensor and each | ||
150 | Contributor grants the licenses to their respective portions of the Covered | ||
151 | Code set forth herein, no assurances are provided by Licensor or any | ||
152 | Contributor that the Covered Code does not infringe the patent or other | ||
153 | intellectual property rights of any other entity. Licensor and each Contributor | ||
154 | disclaim any liability to You for claims brought by any other entity based on | ||
155 | infringement of intellectual property rights or otherwise. As a condition to | ||
156 | exercising the rights and licenses granted hereunder, You hereby assume sole | ||
157 | responsibility to secure any other intellectual property rights needed, if any. | ||
158 | For example, if a third party patent license is required to allow You to make, | ||
159 | use, sell, import or offer for sale the Covered Code, it is Your responsibility | ||
160 | to acquire such license(s). | ||
161 | |||
162 | 2.3 Subject to the terms and conditions of this License, Licensor hereby grants | ||
163 | You, effective on the date You accept this License (via downloading or using | ||
164 | Covered Code or otherwise indicating your acceptance of this License), a | ||
165 | worldwide, royalty-free, perpetual, non-exclusive patent license under | ||
166 | Licensor's Applicable Patent Rights to make, use, sell, offer for sale and | ||
167 | import the Covered Code, provided that in each instance you comply with the | ||
168 | terms of this License. | ||
169 | |||
170 | 3. Your Grants. In consideration of, and as a condition to, the licenses | ||
171 | granted to You under this License: | ||
172 | |||
173 | (a) You grant to Licensor and all third parties a non-exclusive, perpetual, | ||
174 | irrevocable, royalty free license under Your Applicable Patent Rights and other | ||
175 | intellectual property rights owned or controlled by You, to make, sell, offer | ||
176 | for sale, use, import, reproduce, display, perform, modify, distribute and | ||
177 | Deploy Your Modifications of the same scope and extent as Licensor's licenses | ||
178 | under Sections 2.1 and 2.2; and | ||
179 | |||
180 | (b) You grant to Licensor and its subsidiaries a non-exclusive, worldwide, | ||
181 | royalty-free, perpetual and irrevocable license, under Your Applicable Patent | ||
182 | Rights and other intellectual property rights owned or controlled by You, to | ||
183 | make, use, sell, offer for sale, import, reproduce, display, perform, | ||
184 | distribute, modify or have modified (for Licensor and/or its subsidiaries), | ||
185 | sublicense and distribute Your Modifications, in any form and for any purpose, | ||
186 | through multiple tiers of distribution. | ||
187 | |||
188 | (c) You agree not use any information derived from Your use and review of the | ||
189 | Covered Code, including but not limited to any algorithms or inventions that | ||
190 | may be contained in the Covered Code, for the purpose of asserting any of Your | ||
191 | patent rights, or assisting a third party to assert any of its patent rights, | ||
192 | against Licensor or any Contributor. | ||
193 | |||
194 | 4. Derivative Works. You may create a Derivative Work by combining Covered Code | ||
195 | with other code not otherwise governed by the terms of this License and | ||
196 | distribute the Derivative Work as an integrated product. In each such instance, | ||
197 | You must make sure the requirements of this License are fulfilled for the | ||
198 | Covered Code or any portion thereof, including all Modifications. | ||
199 | |||
200 | 4.1 You must cause any Derivative Work that you distribute, publish or | ||
201 | Externally Deploy, that in whole or in part contains or is derived from the | ||
202 | Covered Code or any part thereof, to be licensed as a whole at no charge to all | ||
203 | third parties under the terms of this License and no other license except as | ||
204 | provided in Section 4.2. You also must make Source Code available for the | ||
205 | Derivative Work under the same terms as Modifications, described in Sections 2 | ||
206 | and 3, above. | ||
207 | |||
208 | 4.2 Compatible Source Licenses. Software modules that have been independently | ||
209 | developed without any use of Covered Code and which contain no portion of the | ||
210 | Covered Code, Modifications or other Derivative Works, but are used or combined | ||
211 | in any way with the Covered Code or any Derivative Work to form a larger | ||
212 | Derivative Work, are exempt from the conditions described in Section 4.1 but | ||
213 | only to the extent that: the software module, including any software that is | ||
214 | linked to, integrated with, or part of the same applications as, the software | ||
215 | module by any method must be wholly subject to one of the Compatible Source | ||
216 | Licenses. Notwithstanding the foregoing, all Covered Code must be subject to | ||
217 | the terms of this License. Thus, the entire Derivative Work must be licensed | ||
218 | under a combination of the RPSL (for Covered Code) and a Compatible Source | ||
219 | License for any independently developed software modules within the Derivative | ||
220 | Work. The foregoing requirement applies even if the Compatible Source License | ||
221 | would ordinarily allow the software module to link with, or form larger works | ||
222 | with, other software that is not subject to the Compatible Source License. For | ||
223 | example, although the Mozilla Public License v1.1 allows Mozilla code to be | ||
224 | combined with proprietary software that is not subject to the MPL, if MPL- | ||
225 | licensed code is used with Covered Code the MPL-licensed code could not be | ||
226 | combined or linked with any code not governed by the MPL. The general intent of | ||
227 | this section 4.2 is to enable use of Covered Code with applications that are | ||
228 | wholly subject to an acceptable open source license. You are responsible for | ||
229 | determining whether your use of software with Covered Code is allowed under | ||
230 | Your license to such software. | ||
231 | |||
232 | 4.3 Mere aggregation of another work not based on the Covered Code with the | ||
233 | Covered Code (or with a work based on the Covered Code) on a volume of a | ||
234 | storage or distribution medium does not bring the other work under the scope of | ||
235 | this License. If You deliver the Covered Code for combination and/or | ||
236 | integration with an application previously provided by You (for example, via | ||
237 | automatic updating technology), such combination and/or integration constitutes | ||
238 | a Derivative Work subject to the terms of this License. | ||
239 | |||
240 | 5. Exclusions From License Grant. Nothing in this License shall be deemed to | ||
241 | grant any rights to trademarks, copyrights, patents, trade secrets or any other | ||
242 | intellectual property of Licensor or any Contributor except as expressly stated | ||
243 | herein. No right is granted to the trademarks of Licensor or any Contributor | ||
244 | even if such marks are included in the Covered Code. Nothing in this License | ||
245 | shall be interpreted to prohibit Licensor from licensing under different terms | ||
246 | from this License any code that Licensor otherwise would have a right to | ||
247 | license. Modifications, Derivative Works and/or any use or combination of | ||
248 | Covered Code with other technology provided by Licensor or third parties may | ||
249 | require additional patent licenses from Licensor which Licensor may grant in | ||
250 | its sole discretion. No patent license is granted separate from the Original | ||
251 | Code or combinations of the Original Code with other software or hardware. | ||
252 | |||
253 | 5.1. Trademarks. This License does not grant any rights to use the trademarks | ||
254 | or trade names owned by Licensor ("Licensor Marks" defined in Exhibit | ||
255 | C) or to any trademark or trade name belonging to any Contributor. No Licensor | ||
256 | Marks may be used to endorse or promote products derived from the Original Code | ||
257 | other than as permitted by the Licensor Trademark Policy defined in Exhibit C. | ||
258 | |||
259 | 6. Additional Terms. You may choose to offer, and to charge a fee for, | ||
260 | warranty, support, indemnity or liability obligations and/or other rights | ||
261 | consistent with the scope of the license granted herein ("Additional | ||
262 | Terms") to one or more recipients of Covered Code. However, You may do so | ||
263 | only on Your own behalf and as Your sole responsibility, and not on behalf of | ||
264 | Licensor or any Contributor. You must obtain the recipient's agreement that any | ||
265 | such Additional Terms are offered by You alone, and You hereby agree to | ||
266 | indemnify, defend and hold Licensor and every Contributor harmless for any | ||
267 | liability incurred by or claims asserted against Licensor or such Contributor | ||
268 | by reason of any such Additional Terms. | ||
269 | |||
270 | 7. Versions of the License. Licensor may publish revised and/or new versions of | ||
271 | this License from time to time. Each version will be given a distinguishing | ||
272 | version number. Once Original Code has been published under a particular | ||
273 | version of this License, You may continue to use it under the terms of that | ||
274 | version. You may also choose to use such Original Code under the terms of any | ||
275 | subsequent version of this License published by Licensor. No one other than | ||
276 | Licensor has the right to modify the terms applicable to Covered Code created | ||
277 | under this License. | ||
278 | |||
279 | 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part | ||
280 | pre-release, untested, or not fully tested works. The Covered Code may contain | ||
281 | errors that could cause failures or loss of data, and may be incomplete or | ||
282 | contain inaccuracies. You expressly acknowledge and agree that use of the | ||
283 | Covered Code, or any portion thereof, is at Your sole and entire risk. THE | ||
284 | COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR | ||
285 | SUPPORT OF ANY KIND AND LICENSOR AND LICENSOR'S LICENSOR(S) (COLLECTIVELY | ||
286 | REFERRED TO AS "LICENSOR" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND | ||
287 | ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS | ||
288 | OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR | ||
289 | CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A | ||
290 | PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF | ||
291 | THIRD PARTY RIGHTS. LICENSOR AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST | ||
292 | INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS | ||
293 | CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION | ||
294 | OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE | ||
295 | COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN DOCUMENTATION, INFORMATION | ||
296 | OR ADVICE GIVEN BY LICENSOR, A LICENSOR AUTHORIZED REPRESENTATIVE OR ANY | ||
297 | CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is | ||
298 | not intended for use in high risk activities, including, but not limited to, | ||
299 | the design, construction, operation or maintenance of nuclear facilities, | ||
300 | aircraft navigation, aircraft communication systems, or air traffic control | ||
301 | machines in which case the failure of the Covered Code could lead to death, | ||
302 | personal injury, or severe physical or environmental damage. Licensor disclaims | ||
303 | any express or implied warranty of fitness for such uses. | ||
304 | |||
305 | 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT | ||
306 | SHALL LICENSOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, | ||
307 | INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR | ||
308 | YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER | ||
309 | UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT | ||
310 | LIABILITY), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR SUCH | ||
311 | CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND | ||
312 | NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME | ||
313 | JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR | ||
314 | CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event | ||
315 | shall Licensor's total liability to You for all damages (other than as may be | ||
316 | required by applicable law) under this License exceed the amount of ten dollars | ||
317 | ($10.00). | ||
318 | |||
319 | 10. Ownership. Subject to the licenses granted under this License, each | ||
320 | Contributor retains all rights, title and interest in and to any Modifications | ||
321 | made by such Contributor. Licensor retains all rights, title and interest in | ||
322 | and to the Original Code and any Modifications made by or on behalf of Licensor | ||
323 | ("Licensor Modifications"), and such Licensor Modifications will not | ||
324 | be automatically subject to this License. Licensor may, at its sole discretion, | ||
325 | choose to license such Licensor Modifications under this License, or on | ||
326 | different terms from those contained in this License or may choose not to | ||
327 | license them at all. | ||
328 | |||
329 | 11. Termination. | ||
330 | |||
331 | 11.1 Term and Termination. The term of this License is perpetual unless | ||
332 | terminated as provided below. This License and the rights granted hereunder | ||
333 | will terminate: | ||
334 | |||
335 | (a) automatically without notice from Licensor if You fail to comply with any | ||
336 | term(s) of this License and fail to cure such breach within 30 days of becoming | ||
337 | aware of such breach; | ||
338 | |||
339 | (b) immediately in the event of the circumstances described in Section 12.5(b); | ||
340 | or | ||
341 | |||
342 | (c) automatically without notice from Licensor if You, at any time during the | ||
343 | term of this License, commence an action for patent infringement against | ||
344 | Licensor (including by cross-claim or counter claim in a lawsuit); | ||
345 | |||
346 | (d) upon written notice from Licensor if You, at any time during the term of | ||
347 | this License, commence an action for patent infringement against any third | ||
348 | party alleging that the Covered Code itself (excluding combinations with other | ||
349 | software or hardware) infringes any patent (including by cross-claim or counter | ||
350 | claim in a lawsuit). | ||
351 | |||
352 | 11.2 Effect of Termination. Upon termination, You agree to immediately stop any | ||
353 | further use, reproduction, modification, sublicensing and distribution of the | ||
354 | Covered Code and to destroy all copies of the Covered Code that are in your | ||
355 | possession or control. All sublicenses to the Covered Code which have been | ||
356 | properly granted prior to termination shall survive any termination of this | ||
357 | License. Provisions which, by their nature, should remain in effect beyond the | ||
358 | termination of this License shall survive, including but not limited to | ||
359 | Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other | ||
360 | for compensation, indemnity or damages of any sort solely as a result of | ||
361 | terminating this License in accordance with its terms, and termination of this | ||
362 | License will be without prejudice to any other right or remedy of any party. | ||
363 | |||
364 | 12. Miscellaneous. | ||
365 | |||
366 | 12.1 Government End Users. The Covered Code is a "commercial item" as | ||
367 | defined in FAR 2.101. Government software and technical data rights in the | ||
368 | Covered Code include only those rights customarily provided to the public as | ||
369 | defined in this License. This customary commercial license in technical data | ||
370 | and software is provided in accordance with FAR 12.211 (Technical Data) and | ||
371 | 12.212 (Computer Software) and, for Department of Defense purchases, DFAR | ||
372 | 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in | ||
373 | Commercial Computer Software or Computer Software Documentation). Accordingly, | ||
374 | all U.S. Government End Users acquire Covered Code with only those rights set | ||
375 | forth herein. | ||
376 | |||
377 | 12.2 Relationship of Parties. This License will not be construed as creating an | ||
378 | agency, partnership, joint venture or any other form of legal association | ||
379 | between or among You, Licensor or any Contributor, and You will not represent | ||
380 | to the contrary, whether expressly, by implication, appearance or otherwise. | ||
381 | |||
382 | 12.3 Independent Development. Nothing in this License will impair Licensor's | ||
383 | right to acquire, license, develop, have others develop for it, market and/or | ||
384 | distribute technology or products that perform the same or similar functions | ||
385 | as, or otherwise compete with, Modifications, Derivative Works, technology or | ||
386 | products that You may develop, produce, market or distribute. | ||
387 | |||
388 | 12.4 Waiver; Construction. Failure by Licensor or any Contributor to enforce | ||
389 | any provision of this License will not be deemed a waiver of future enforcement | ||
390 | of that or any other provision. Any law or regulation which provides that the | ||
391 | language of a contract shall be construed against the drafter will not apply to | ||
392 | this License. | ||
393 | |||
394 | 12.5 Severability. (a) If for any reason a court of competent jurisdiction | ||
395 | finds any provision of this License, or portion thereof, to be unenforceable, | ||
396 | that provision of the License will be enforced to the maximum extent | ||
397 | permissible so as to effect the economic benefits and intent of the parties, | ||
398 | and the remainder of this License will continue in full force and effect. (b) | ||
399 | Notwithstanding the foregoing, if applicable law prohibits or restricts You | ||
400 | from fully and/or specifically complying with Sections 2 and/or 3 or prevents | ||
401 | the enforceability of either of those Sections, this License will immediately | ||
402 | terminate and You must immediately discontinue any use of the Covered Code and | ||
403 | destroy all copies of it that are in your possession or control. | ||
404 | |||
405 | 12.6 Dispute Resolution. Any litigation or other dispute resolution between You | ||
406 | and Licensor relating to this License shall take place in the Seattle, | ||
407 | Washington, and You and Licensor hereby consent to the personal jurisdiction | ||
408 | of, and venue in, the state and federal courts within that District with | ||
409 | respect to this License. The application of the United Nations Convention on | ||
410 | Contracts for the International Sale of Goods is expressly excluded. | ||
411 | |||
412 | 12.7 Export/Import Laws. This software is subject to all export and import laws | ||
413 | and restrictions and regulations of the country in which you receive the | ||
414 | Covered Code and You are solely responsible for ensuring that You do not | ||
415 | export, re-export or import the Covered Code or any direct product thereof in | ||
416 | violation of any such restrictions, laws or regulations, or without all | ||
417 | necessary authorizations. | ||
418 | |||
419 | 12.8 Entire Agreement; Governing Law. This License constitutes the entire | ||
420 | agreement between the parties with respect to the subject matter hereof. This | ||
421 | License shall be governed by the laws of the United States and the State of | ||
422 | Washington. | ||
423 | |||
424 | Where You are located in the province of Quebec, Canada, the following clause | ||
425 | applies: The parties hereby confirm that they have requested that this License | ||
426 | and all related documents be drafted in English. Les parties ont exigé que le | ||
427 | présent contrat et tous les documents connexes soient rédigés en anglais. | ||
428 | |||
429 | |||
430 | EXHIBIT A. | ||
431 | |||
432 | "Copyright © 1995-2002 RealNetworks, Inc. and/or its licensors. All Rights | ||
433 | Reserved. | ||
434 | |||
435 | The contents of this file, and the files included with this file, are subject | ||
436 | to the current version of the RealNetworks Public Source License Version 1.0 | ||
437 | (the "RPSL") available at https://www.helixcommunity.org/content/rpsl | ||
438 | unless you have licensed the file under the RealNetworks Community Source | ||
439 | License Version 1.0 (the "RCSL") available at https:// | ||
440 | www.helixcommunity.org/content/rcsl, in which case the RCSL will apply. You may | ||
441 | also obtain the license terms directly from RealNetworks. You may not use this | ||
442 | file except in compliance with the RPSL or, if you have a valid RCSL with | ||
443 | RealNetworks applicable to this file, the RCSL. Please see the applicable RPSL | ||
444 | or RCSL for the rights, obligations and limitations governing use of the | ||
445 | contents of the file. | ||
446 | |||
447 | This file is part of the Helix DNA Technology. RealNetworks is the developer of | ||
448 | the Original code and owns the copyrights in the portions it created. | ||
449 | |||
450 | This file, and the files included with this file, is distributed and made | ||
451 | available on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR | ||
452 | IMPLIED, AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING | ||
453 | WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | ||
454 | PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. | ||
455 | |||
456 | Contributor(s): ____________________________________ | ||
457 | |||
458 | Technology Compatibility Kit Test Suite(s) Location (if licensed under the | ||
459 | RCSL): | ||
460 | |||
461 | ________________________________" | ||
462 | |||
463 | Object Code Notice: Helix DNA Client technology included. Copyright © | ||
464 | RealNetworks, Inc., 1995-2002. All rights reserved. | ||
465 | |||
466 | EXHIBIT B | ||
467 | |||
468 | Compatible Source Licenses for the RealNetworks Public Source License. The | ||
469 | following list applies to the most recent version of the license as of October | ||
470 | 25, 2002, unless otherwise indicated. | ||
471 | |||
472 | Academic Free License | ||
473 | Apache Software License | ||
474 | Apple Public Source License | ||
475 | Artistic license | ||
476 | Attribution Assurance Licenses | ||
477 | BSD license | ||
478 | Common Public License1 | ||
479 | Eiffel Forum License | ||
480 | GNU General Public License (GPL)1 | ||
481 | GNU Library or "Lesser" General Public License (LGPL)1 | ||
482 | IBM Public License | ||
483 | Intel Open Source License | ||
484 | Jabber Open Source License | ||
485 | MIT license | ||
486 | MITRE Collaborative Virtual Workspace License (CVW License) | ||
487 | Motosoto License | ||
488 | Mozilla Public License 1.0 (MPL) | ||
489 | Mozilla Public License 1.1 (MPL) | ||
490 | Nokia Open Source License | ||
491 | Open Group Test Suite License | ||
492 | Python Software Foundation License | ||
493 | Ricoh Source Code Public License | ||
494 | Sun Industry Standards Source License (SISSL) | ||
495 | Sun Public License | ||
496 | University of Illinois/NCSA Open Source License | ||
497 | Vovida Software License v. 1.0 | ||
498 | W3C License | ||
499 | X.Net License | ||
500 | Zope Public License | ||
501 | zlib/libpng license | ||
502 | 1Note: because this license contains certain reciprocal licensing terms that | ||
503 | purport to extend to independently developed code, You may be prohibited under | ||
504 | the terms of this otherwise compatible license from using code licensed under | ||
505 | its terms with Covered Code because Covered Code may only be licensed under the | ||
506 | RealNetworks Public Source License. Any attempt to apply non RPSL license | ||
507 | terms, including without limitation the GPL, to Covered Code is expressly | ||
508 | forbidden. You are responsible for ensuring that Your use of Compatible Source | ||
509 | Licensed code does not violate either the RPSL or the Compatible Source | ||
510 | License. | ||
511 | |||
512 | The latest version of this list can be found at: https:// | ||
513 | www.helixcommunity.org/content/complicense | ||
514 | |||
515 | EXHIBIT C | ||
516 | |||
517 | RealNetworks' Trademark policy. | ||
518 | |||
519 | RealNetworks defines the following trademarks collectively as "Licensor | ||
520 | Trademarks": "RealNetworks", "RealPlayer", | ||
521 | "RealJukebox", "RealSystem", "RealAudio", | ||
522 | "RealVideo", "RealOne Player", "RealMedia", | ||
523 | "Helix" or any other trademarks or trade names belonging to | ||
524 | RealNetworks. | ||
525 | |||
526 | RealNetworks "Licensor Trademark Policy" forbids any use of Licensor | ||
527 | Trademarks except as permitted by and in strict compliance at all times with | ||
528 | RealNetworks' third party trademark usage guidelines which are posted at | ||
529 | www.realnetworks.com/info/helixlogo.html. | ||
530 | |||
531 | |||
532 | |||
533 | |||
534 | |||
535 | |||