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Revision 1.1 - (show annotations) (download)
Thu Jan 20 21:18:14 2005 UTC (9 years, 3 months ago) by chriswhite
Branch: MAIN
Commiting Helix DNA Technology Binary Research Use License (say that three times fast...).

1 Helix DNA Technology Binary Research Use License
2
3 REDISTRIBUTION NOT PERMITTED
4
5 This Helix DNA Technology Binary Research
6 Use License ("License") is a legal agreement
7 between You and RealNetworks, Inc. and
8 its suppliers and licensors (collectively,
9 "RealNetworks") for the binary versions of
10 the Helix DNA Compiled Binaries distributed
11 under this License ("Software"), which are
12 made available from the "Helix DNA Compiled
13 Binaries" section of the www.helixcommunity.org
14 <http://www.helixcommunity.org/> Web site. "You"
15 means an individual, or a legal entity acting
16 by and through an individual or individuals,
17 exercising rights either under this License.
18 For legal entities, "You" includes any entity
19 that by majority voting interest controls, is
20 controlled by, or is under common control with
21 You. The terms and conditions for this License
22 are as follows:
23
24 By clicking on or accepting the "ACCEPT" option
25 below, or by installing, copying or otherwise
26 using the Software, you agree to be bound by the
27 terms of this License Agreement. IF YOU DO NOT
28 AGREE TO THE TERMS OF THIS LICENSE AGREEMENT,
29 CLICK THE "ACCEPT" BUTTON AND/OR DO NOT INSTALL
30 THE SOFTWARE.
31
32 YOU AGREE THAT YOUR USE OF THE SOFTWARE
33 ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE,
34 UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS
35 TERMS AND CONDITIONS.
36
37 1. GRANT OF LICENSE FOR INTERNAL RESEARCH AND
38 DEVELOPMENT WORK. Subject to the restrictions
39 set forth herein, RealNetworks hereby grants
40 to You a non-exclusive, non-sublicensable,
41 personal license to use the Software in
42 object code and any accompanying documentation
43 ("Documentation") solely for Your internal,
44 non-commercial evaluation and research use,
45 provided that You may only install and use a
46 reasonable number of copies of the Software on
47 computers owned or controlled by You and located
48 on Your premises. As part of such use You may
49 combine the Software with other Helix software
50 properly licensed to You under the terms of
51 the RealNetworks Community Source License
52 Agreement or the RealNetworks Public Source
53 License Agreement, but You may not otherwise
54 create derivative works of the Software or
55 Documentation.
56
57 2. LICENSE RESTRICTIONS.
58
59 a) You may not: (i) permit other individuals to
60 use the Software except under the terms listed
61 above; (ii) modify, translate, reverse engineer,
62 decompile, disassemble or use any other method
63 (including "clean room" development) to learn the
64 source code of the Software (except to the extent
65 that this restriction is expressly prohibited by
66 law); (iii) rent, lease, transfer, or otherwise
67 transfer rights to the Software or Documentation;
68 (iv) remove any proprietary notices or labels
69 on the Software or Documentation; (v) use
70 the Software to encode, reproduce or copy any
71 material or intellectual property You do not have
72 the right to encode, reproduce, or copy; (vi)
73 use the Software to develop any application that
74 has the capability of transcoding or converting
75 RealAudio or RealVideo Files into any other
76 file format ("Transcode" means to alter the
77 current encoding or form of media files that was
78 decoded from its original form, including by way
79 of example but not limited to by way of example
80 but not limited to: decompression of an audio or
81 video stream and recompression using a different
82 compression algorithm); or (vii) make available
83 to any third party the results of any evaluation
84 or testing of the Software by You under this
85 License. Any such forbidden use shall immediately
86 terminate Your license to the Software.
87
88 b) You agree that You shall only use the Software
89 and Documentation in a manner that complies with
90 all applicable laws in the jurisdictions in
91 which You use the Software and Documentation,
92 including, but not limited to, applicable
93 restrictions concerning copyright and other
94 intellectual property rights.
95
96 c) You may not use the Software in an attempt to,
97 or in conjunction with, any device, program or
98 service designed to circumvent technological
99 measures employed to control access to, or
100 the rights in, a digital media content file or
101 other work protected by the copyright laws of
102 any jurisdiction.
103
104 d) Certain components of the Software may embody
105 a serial copying management system required
106 by the laws of the United States. You may not
107 circumvent or attempt to circumvent this system
108 by any means.
109
110 3. COPIES OF SOFTWARE AND ENHANCEMENTS. This
111 license does not grant You any right to any
112 enhancement or update.
113
114 4. TITLE. Title, ownership, rights, and
115 intellectual property rights in and to the
116 Software and Documentation shall remain
117 in RealNetworks. The Software is protected
118 by the copyright laws of the United States
119 and international copyright treaties. Title,
120 ownership rights and intellectual property
121 rights in and to the content accessed through
122 the Software including the content contained in
123 the Software media demonstration files shall
124 be retained by the applicable content owner
125 and may be protected by applicable copyright or
126 other law. This license gives You no rights to
127 such content.
128
129 5. DISCLAIMER OF WARRANTY & LIMIT OF
130 LIABILITY. THE SOFTWARE AND DOCUMENTATION
131 ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
132 ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
133 APPLICABLE LAW, REALNETWORKS FURTHER DISCLAIMS
134 ALL WARRANTIES, INCLUDING WITHOUT LIMITATION
135 ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
136 FITNESS FOR A PARTICULAR PURPOSE, AND
137 NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT
138 OF THE USE OR PERFORMANCE OF THE SOFTWARE AND
139 DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM
140 EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
141 SHALL REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR
142 ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
143 PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
144 WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
145 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
146 INFORMATION, OR OTHER PECUNIARY LOSS) ARISING
147 OUT OF THIS LICENSE OR THE USE OF OR INABILITY
148 TO USE THE PRODUCT, EVEN IF REALNETWORKS
149 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
150 DAMAGES. REALNETWORKS' TOTAL LIABLITY FOR ANY
151 DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS
152 ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT
153 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
154 FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
155 ABOVE LIMITATION MAY NOT APPLY TO YOU.
156
157 6. INDEMNIFICATION. This Software is intended
158 for use only with properly licensed media,
159 content and content creation tools. It is
160 Your responsibility to ascertain whether any
161 copyright, patent or other licenses are necessary
162 and to obtain any licenses to such media and
163 content. You agree to use only those materials
164 for which You have the necessary patent,
165 copyright and other permissions, licenses, and/or
166 clearances. You agree to hold harmless, indemnify
167 and defend RealNetworks, its officers, directors
168 and employees, from and against any losses,
169 damages, fines and expenses (including attorneys'
170 fees and costs) arising out of or relating to any
171 claims that You have encoded, copied, compressed,
172 enabled the "Allow Recording" feature, enabled
173 the "Allow Download" feature, or copied, used,
174 published, displayed, or transmitted any content
175 or materials (other than materials provided
176 by RealNetworks specifically for Your use)
177 in connection with the Software in violation
178 of another party's rights If You are importing
179 the Software from the United States, You shall
180 indemnify and hold RealNetworks harmless from
181 and against any import and export duties or
182 other claims arising from such importation.
183
184 7. TERMINATION. This License and Your right to
185 use this Software automatically terminate if
186 You fail to comply with any material provision
187 of this License. RealNetworks may terminate
188 this License at any time by delivering notice
189 to You and You may terminate this License at
190 any time by destroying or erasing Your copy of
191 the Software. Upon termination of this License,
192 You agree to destroy or erase the Software.
193
194 8. NO ASSIGNMENT. This License is personal
195 to You, and may not be assigned without
196 RealNetworks' express written consent.
197
198 9. U.S. GOVERNMENT RESTRICTED
199 RIGHTS. U.S. GOVERNMENT RESTRICTED RIGHTS:
200 This Software and documentation are provided
201 with RESTRICTED RIGHTS. Use, duplication
202 or disclosure by the Government is subject
203 to restrictions set forth in subparagraphs
204 (a) through (d) of the Commercial Computer
205 Software--Restricted Rights at FAR 52.227-19
206 when applicable, or in subparagraph (c)(1)(ii)
207 of the Rights in Technical Data and Computer
208 Software clause at DFARS 252.227-7013, and in
209 similar clauses in the NASA FAR supplement,
210 as applicable. Manufacturer is RealNetworks,
211 Inc./2601 Elliott, Suite 1000/Seattle,
212 Washington 98121. You are responsible for
213 complying with all trade regulations and laws
214 both foreign and domestic. You acknowledge that
215 none of the Software or underlying information
216 or technology may be downloaded or otherwise
217 exported or re-exported (i) into (or to a
218 national or resident of) Cuba, Iraq, Libya,
219 Sudan, North Korea, Iran, Syria or any other
220 country subject to a U.S. embargo; or (ii)
221 to anyone on the U.S. Treasury Department's
222 list of Specially Designated Nationals or the
223 U.S. Commerce Department's Denied Parties List
224 or Entity List. By using the Software You are
225 agreeing to the foregoing and are representing
226 and warranting that (i) no U.S. federal agency
227 has suspended, revoked, or denied You export
228 privileges, (ii) You are not located in or
229 under the control of a national or resident of
230 any such country or on any such list, and (iii)
231 You will not export or re-export the Software
232 to any prohibited county, or to any prohibited
233 person, entity, or end-user as specified by U.S.
234 export controls.
235
236 10. MISCELLANEOUS. This License Agreement
237 shall constitute the complete and exclusive
238 agreement between us. A separate written
239 agreement with respect to the subject matter
240 hereof shall supersede this instrument to the
241 extent indicated in such separate agreement. This
242 License Agreement may not be modified except
243 in a writing duly signed by an authorized
244 representative of RealNetworks and You. If any
245 provision of this License Agreement is held to
246 be unenforceable for any reason, such provision
247 shall be reformed only to the extent necessary
248 to make it enforceable, and such decision shall
249 not affect the enforceability of such provision
250 under other circumstances, or of the remaining
251 provisions hereof under all circumstances. This
252 License Agreement shall be governed by the laws
253 of the State of Washington without regard to
254 conflicts of law provisions and You consent
255 to the exclusive jurisdiction of the state
256 and federal courts sitting in the State of
257 Washington. This License Agreement will not be
258 governed by the United Nations Convention of
259 Contracts for the International Sale of Goods,
260 the application of which is hereby expressly
261 excluded.
262
263 Copyright (C)1995-2004 RealNetworks, Inc. and/or
264 its suppliers. 2601 Elliott Avenue, Suite 1000,
265 Seattle, Washington 98121 U.S.A. The Software may
266 incorporate one or more of the following patents:
267 U.S. Patent #5,917,835; U.S. Patent # 5,854,858;
268 U.S. Patent # 5,917,954. Other U.S. patents
269 pending. All rights reserved. RealNetworks,
270 Helix, RealAudio, and RealVideo are trademarks
271 or registered trademarks of RealNetworks, Inc.
272
273 By Clicking the "ACCEPT" button below you are
274 agreeing to the Helix DNA Technology Binary
275 Research Use License

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