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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 | |||
