From 7d8836245f887de09fab41a1198649480da03c91 Mon Sep 17 00:00:00 2001 From: Chris White Date: Thu, 20 Jan 2005 21:18:14 +0000 Subject: Commiting Helix DNA Technology Binary Research Use License (say that three times fast...). --- licenses/HBRL | 276 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 276 insertions(+) create mode 100644 licenses/HBRL (limited to 'licenses') diff --git a/licenses/HBRL b/licenses/HBRL new file mode 100644 index 000000000000..158baf349e4c --- /dev/null +++ b/licenses/HBRL @@ -0,0 +1,276 @@ +Helix DNA Technology Binary Research Use License + +REDISTRIBUTION NOT PERMITTED + +This Helix DNA Technology Binary Research +Use License ("License") is a legal agreement +between You and RealNetworks, Inc. and +its suppliers and licensors (collectively, +"RealNetworks") for the binary versions of +the Helix DNA Compiled Binaries distributed +under this License ("Software"), which are +made available from the "Helix DNA Compiled +Binaries" section of the www.helixcommunity.org + Web site. "You" +means an individual, or a legal entity acting +by and through an individual or individuals, +exercising rights either under this License. +For legal entities, "You" includes any entity +that by majority voting interest controls, is +controlled by, or is under common control with +You. The terms and conditions for this License +are as follows: + +By clicking on or accepting the "ACCEPT" option +below, or by installing, copying or otherwise +using the Software, you agree to be bound by the +terms of this License Agreement. IF YOU DO NOT +AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, +CLICK THE "ACCEPT" BUTTON AND/OR DO NOT INSTALL +THE SOFTWARE. + +YOU AGREE THAT YOUR USE OF THE SOFTWARE +ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, +UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS +TERMS AND CONDITIONS. + +1. GRANT OF LICENSE FOR INTERNAL RESEARCH AND +DEVELOPMENT WORK. Subject to the restrictions +set forth herein, RealNetworks hereby grants +to You a non-exclusive, non-sublicensable, +personal license to use the Software in +object code and any accompanying documentation +("Documentation") solely for Your internal, +non-commercial evaluation and research use, +provided that You may only install and use a +reasonable number of copies of the Software on +computers owned or controlled by You and located +on Your premises. As part of such use You may +combine the Software with other Helix software +properly licensed to You under the terms of +the RealNetworks Community Source License +Agreement or the RealNetworks Public Source +License Agreement, but You may not otherwise +create derivative works of the Software or +Documentation. + +2. LICENSE RESTRICTIONS. + +a) You may not: (i) permit other individuals to +use the Software except under the terms listed +above; (ii) modify, translate, reverse engineer, +decompile, disassemble or use any other method +(including "clean room" development) to learn the +source code of the Software (except to the extent +that this restriction is expressly prohibited by +law); (iii) rent, lease, transfer, or otherwise +transfer rights to the Software or Documentation; +(iv) remove any proprietary notices or labels +on the Software or Documentation; (v) use +the Software to encode, reproduce or copy any +material or intellectual property You do not have +the right to encode, reproduce, or copy; (vi) +use the Software to develop any application that +has the capability of transcoding or converting +RealAudio or RealVideo Files into any other +file format ("Transcode" means to alter the +current encoding or form of media files that was +decoded from its original form, including by way +of example but not limited to by way of example +but not limited to: decompression of an audio or +video stream and recompression using a different +compression algorithm); or (vii) make available +to any third party the results of any evaluation +or testing of the Software by You under this +License. Any such forbidden use shall immediately +terminate Your license to the Software. + +b) You agree that You shall only use the Software +and Documentation in a manner that complies with +all applicable laws in the jurisdictions in +which You use the Software and Documentation, +including, but not limited to, applicable +restrictions concerning copyright and other +intellectual property rights. + +c) You may not use the Software in an attempt to, +or in conjunction with, any device, program or +service designed to circumvent technological +measures employed to control access to, or +the rights in, a digital media content file or +other work protected by the copyright laws of +any jurisdiction. + +d) Certain components of the Software may embody +a serial copying management system required +by the laws of the United States. You may not +circumvent or attempt to circumvent this system +by any means. + +3. COPIES OF SOFTWARE AND ENHANCEMENTS. This +license does not grant You any right to any +enhancement or update. + +4. TITLE. Title, ownership, rights, and +intellectual property rights in and to the +Software and Documentation shall remain +in RealNetworks. The Software is protected +by the copyright laws of the United States +and international copyright treaties. Title, +ownership rights and intellectual property +rights in and to the content accessed through +the Software including the content contained in +the Software media demonstration files shall +be retained by the applicable content owner +and may be protected by applicable copyright or +other law. This license gives You no rights to +such content. + +5. DISCLAIMER OF WARRANTY & LIMIT OF +LIABILITY. THE SOFTWARE AND DOCUMENTATION +ARE PROVIDED "AS IS" WITHOUT WARRANTY OF +ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY +APPLICABLE LAW, REALNETWORKS FURTHER DISCLAIMS +ALL WARRANTIES, INCLUDING WITHOUT LIMITATION +ANY IMPLIED WARRANTIES OF MERCHANTABILITY, +FITNESS FOR A PARTICULAR PURPOSE, AND +NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT +OF THE USE OR PERFORMANCE OF THE SOFTWARE AND +DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM +EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT +SHALL REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR +ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, +PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, +WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS +PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS +INFORMATION, OR OTHER PECUNIARY LOSS) ARISING +OUT OF THIS LICENSE OR THE USE OF OR INABILITY +TO USE THE PRODUCT, EVEN IF REALNETWORKS +HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH +DAMAGES. REALNETWORKS' TOTAL LIABLITY FOR ANY +DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS +($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT +ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY +FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE +ABOVE LIMITATION MAY NOT APPLY TO YOU. + +6. INDEMNIFICATION. This Software is intended +for use only with properly licensed media, +content and content creation tools. It is +Your responsibility to ascertain whether any +copyright, patent or other licenses are necessary +and to obtain any licenses to such media and +content. You agree to use only those materials +for which You have the necessary patent, +copyright and other permissions, licenses, and/or +clearances. You agree to hold harmless, indemnify +and defend RealNetworks, its officers, directors +and employees, from and against any losses, +damages, fines and expenses (including attorneys' +fees and costs) arising out of or relating to any +claims that You have encoded, copied, compressed, +enabled the "Allow Recording" feature, enabled +the "Allow Download" feature, or copied, used, +published, displayed, or transmitted any content +or materials (other than materials provided +by RealNetworks specifically for Your use) +in connection with the Software in violation +of another party's rights If You are importing +the Software from the United States, You shall +indemnify and hold RealNetworks harmless from +and against any import and export duties or +other claims arising from such importation. + +7. TERMINATION. This License and Your right to +use this Software automatically terminate if +You fail to comply with any material provision +of this License. RealNetworks may terminate +this License at any time by delivering notice +to You and You may terminate this License at +any time by destroying or erasing Your copy of +the Software. Upon termination of this License, +You agree to destroy or erase the Software. + +8. NO ASSIGNMENT. This License is personal +to You, and may not be assigned without +RealNetworks' express written consent. + +9. U.S. GOVERNMENT RESTRICTED +RIGHTS. U.S. GOVERNMENT RESTRICTED RIGHTS: +This Software and documentation are provided +with RESTRICTED RIGHTS. Use, duplication +or disclosure by the Government is subject +to restrictions set forth in subparagraphs +(a) through (d) of the Commercial Computer +Software--Restricted Rights at FAR 52.227-19 +when applicable, or in subparagraph (c)(1)(ii) +of the Rights in Technical Data and Computer +Software clause at DFARS 252.227-7013, and in +similar clauses in the NASA FAR supplement, +as applicable. Manufacturer is RealNetworks, +Inc./2601 Elliott, Suite 1000/Seattle, +Washington 98121. You are responsible for +complying with all trade regulations and laws +both foreign and domestic. You acknowledge that +none of the Software or underlying information +or technology may be downloaded or otherwise +exported or re-exported (i) into (or to a +national or resident of) Cuba, Iraq, Libya, +Sudan, North Korea, Iran, Syria or any other +country subject to a U.S. embargo; or (ii) +to anyone on the U.S. Treasury Department's +list of Specially Designated Nationals or the +U.S. Commerce Department's Denied Parties List +or Entity List. By using the Software You are +agreeing to the foregoing and are representing +and warranting that (i) no U.S. federal agency +has suspended, revoked, or denied You export +privileges, (ii) You are not located in or +under the control of a national or resident of +any such country or on any such list, and (iii) +You will not export or re-export the Software +to any prohibited county, or to any prohibited +person, entity, or end-user as specified by U.S. +export controls. + +10. MISCELLANEOUS. This License Agreement +shall constitute the complete and exclusive +agreement between us. A separate written +agreement with respect to the subject matter +hereof shall supersede this instrument to the +extent indicated in such separate agreement. This +License Agreement may not be modified except +in a writing duly signed by an authorized +representative of RealNetworks and You. If any +provision of this License Agreement is held to +be unenforceable for any reason, such provision +shall be reformed only to the extent necessary +to make it enforceable, and such decision shall +not affect the enforceability of such provision +under other circumstances, or of the remaining +provisions hereof under all circumstances. This +License Agreement shall be governed by the laws +of the State of Washington without regard to +conflicts of law provisions and You consent +to the exclusive jurisdiction of the state +and federal courts sitting in the State of +Washington. This License Agreement will not be +governed by the United Nations Convention of +Contracts for the International Sale of Goods, +the application of which is hereby expressly +excluded. + +Copyright (C)1995-2004 RealNetworks, Inc. and/or +its suppliers. 2601 Elliott Avenue, Suite 1000, +Seattle, Washington 98121 U.S.A. The Software may +incorporate one or more of the following patents: +U.S. Patent #5,917,835; U.S. Patent # 5,854,858; +U.S. Patent # 5,917,954. Other U.S. patents +pending. All rights reserved. RealNetworks, +Helix, RealAudio, and RealVideo are trademarks +or registered trademarks of RealNetworks, Inc. + +By Clicking the "ACCEPT" button below you are +agreeing to the Helix DNA Technology Binary +Research Use License + -- cgit v1.2.3-65-gdbad