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