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RealNetworks Public Source License Version 1.0
(Rev. Date October 28, 2002)
1. General Definitions. This License applies to any program or other work which
RealNetworks, Inc., or any other entity that elects to use this license,
("Licensor") makes publicly available and which contains a notice placed by
Licensor identifying such program or work as "Original Code" and stating that it
is subject to the terms of this RealNetworks Public Source License version 1.0
(or subsequent version thereof) ("License"). You are not required to accept this
License. However, nothing else grants You permission to use, copy, modify or
distribute the software or its derivative works. These actions are prohibited by
law if You do not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You indicate your
acceptance of this License to do so, and all its terms and conditions. In
addition, you agree to the terms of this License by clicking the Accept button
or downloading the software. As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor is the
grantor of rights, claims of patents that (i) are now or hereafter acquired,
owned by or assigned to Licensor and (ii) are necessarily infringed by using or
making the Original Code alone and not in combination with other software or
hardware; and (b) in the case where You are the grantor of rights, claims of
patents that (i) are now or hereafter acquired, owned by or assigned to You and
(ii) are infringed (directly or indirectly) by using or making Your
Modifications, taken alone or in combination with Original Code.
1.2 "Compatible Source License" means any one of the licenses listed on Exhibit
B or at https://www.helixcommunity.org/content/complicense or other licenses
specifically identified by Licensor in writing. Notwithstanding any term to the
contrary in any Compatible Source License, any code covered by any Compatible
Source License that is used with Covered Code must be made readily available in
Source Code format for royalty-free use under the terms of the Compatible Source
License or this License.
1.3 "Contributor" means any person or entity that creates or contributes to the
creation of Modifications.
1.4 "Covered Code" means the Original Code, Modifications, the combination of
Original Code and any Modifications, and/or any respective portions thereof.
1.5 "Deploy" means to use, sublicense or distribute Covered Code other than for
Your internal research and development (R&D) and/or Personal Use, and includes
without limitation, any and all internal use or distribution of Covered Code
within Your business or organization except for R&D use and/or Personal Use, as
well as direct or indirect sublicensing or distribution of Covered Code by You
to any third party in any form or manner.
1.6 "Derivative Work" means either the Covered Code or any derivative work under
United States copyright law, and including any work containing or including any
portion of the Covered Code or Modifications, either verbatim or with
modifications and/or translated into another language. Derivative Work also
includes any work which combines any portion of Covered Code or Modifications
with code not otherwise governed by the terms of this License.
1.7 "Externally Deploy" means to Deploy the Covered Code in any way that may be
accessed or used by anyone other than You, used to provide any services to
anyone other than You, or used in any way to deliver any content to anyone other
than You, whether the Covered Code is distributed to those parties, made
available as an application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than You.
1.8. "Interface" means interfaces, functions, properties, class definitions,
APIs, header files, GUIDs, V-Tables, and/or protocols allowing one piece of
software, firmware or hardware to communicate or interoperate with another piece
of software, firmware or hardware.
1.9 "Modifications" mean any addition to, deletion from, and/or change to, the
substance and/or structure of the Original Code, any previous Modifications, the
combination of Original Code and any previous Modifications, and/or any
respective portions thereof. When code is released as a series of files, a
Modification is: (a) any addition to or deletion from the contents of a file
containing Covered Code; and/or (b) any new file or other representation of
computer program statements that contains any part of Covered Code.
1.10 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Licensor under this License, including the Source
Code of any updates or upgrades to such programs or works made available by
Licensor under this License, and that has been expressly identified by Licensor
as such in the header file(s) of such work; and (b) the object code compiled
from such Source Code and originally made available by Licensor under this
License.
1.11 "Personal Use" means use of Covered Code by an individual solely for his or
her personal, private and non-commercial purposes. An individual's use of
Covered Code in his or her capacity as an officer, employee, member, independent
contractor or agent of a corporation, business or organization (commercial or
non-commercial) does not qualify as Personal Use.
1.12 "Source Code" means the human readable form of a program or other work that
is suitable for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an executable (object code).
1.13 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b) ownership of
fifty percent (50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and
conditions of this License, Licensor hereby grants You, effective on the date
You accept this License (via downloading or using Covered Code or otherwise
indicating your acceptance of this License), a worldwide, royalty-free,
non-exclusive copyright license, to the extent of Licensor's copyrights cover
the Original Code, to do the following:
2.1 You may reproduce, display, perform, modify and Deploy Covered Code,
provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Licensor as they appear in the
Original Code, and keep intact all notices in the Original Code that refer to
this License;
(b) You must include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, and You may not offer or impose
any terms on such Source Code that alter or restrict this License or the
recipients' rights hereunder, except as permitted under Section 6;
(c) You must duplicate, to the extent it does not already exist, the notice in
Exhibit A in each file of the Source Code of all Your Modifications, and cause
the modified files to carry prominent notices stating that You changed the files
and the date of any change;
(d) You must make Source Code of all Your Externally Deployed Modifications
publicly available under the terms of this License, including the license grants
set forth in Section 3 below, for as long as you Deploy the Covered Code or
twelve (12) months from the date of initial Deployment, whichever is longer. You
should preferably distribute the Source Code of Your Deployed Modifications
electronically (e.g. download from a web site); and
(e) if You Deploy Covered Code in object code, executable form only, You must
include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is available under
the terms of this License with information on how and where to obtain such
Source Code. You must also include the Object Code Notice set forth in Exhibit A
in the "about" box or other appropriate place where other copyright notices are
placed, including any packaging materials.
2.2 You expressly acknowledge and agree that although Licensor and each
Contributor grants the licenses to their respective portions of the Covered Code
set forth herein, no assurances are provided by Licensor or any Contributor that
the Covered Code does not infringe the patent or other intellectual property
rights of any other entity. Licensor and each Contributor disclaim any liability
to You for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, You hereby assume sole responsibility to
secure any other intellectual property rights needed, if any. For example, if a
third party patent license is required to allow You to make, use, sell, import
or offer for sale the Covered Code, it is Your responsibility to acquire such
license(s).
2.3 Subject to the terms and conditions of this License, Licensor hereby grants
You, effective on the date You accept this License (via downloading or using
Covered Code or otherwise indicating your acceptance of this License), a
worldwide, royalty-free, perpetual, non-exclusive patent license under
Licensor's Applicable Patent Rights to make, use, sell, offer for sale and
import the Covered Code, provided that in each instance you comply with the
terms of this License.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License:
(a) You grant to Licensor and all third parties a non-exclusive, perpetual,
irrevocable, royalty free license under Your Applicable Patent Rights and other
intellectual property rights owned or controlled by You, to make, sell, offer
for sale, use, import, reproduce, display, perform, modify, distribute and
Deploy Your Modifications of the same scope and extent as Licensor's licenses
under Sections 2.1 and 2.2; and
(b) You grant to Licensor and its subsidiaries a non-exclusive, worldwide,
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
Rights and other intellectual property rights owned or controlled by You, to
make, use, sell, offer for sale, import, reproduce, display, perform,
distribute, modify or have modified (for Licensor and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form and for any purpose,
through multiple tiers of distribution.
(c) You agree not use any information derived from Your use and review of the
Covered Code, including but not limited to any algorithms or inventions that may
be contained in the Covered Code, for the purpose of asserting any of Your
patent rights, or assisting a third party to assert any of its patent rights,
against Licensor or any Contributor.
4. Derivative Works. You may create a Derivative Work by combining Covered Code
with other code not otherwise governed by the terms of this License and
distribute the Derivative Work as an integrated product. In each such instance,
You must make sure the requirements of this License are fulfilled for the
Covered Code or any portion thereof, including all Modifications.
4.1 You must cause any Derivative Work that you distribute, publish or
Externally Deploy, that in whole or in part contains or is derived from the
Covered Code or any part thereof, to be licensed as a whole at no charge to all
third parties under the terms of this License and no other license except as
provided in Section 4.2. You also must make Source Code available for the
Derivative Work under the same terms as Modifications, described in Sections 2
and 3, above.
4.2 Compatible Source Licenses. Software modules that have been independently
developed without any use of Covered Code and which contain no portion of the
Covered Code, Modifications or other Derivative Works, but are used or combined
in any way wtih the Covered Code or any Derivative Work to form a larger
Derivative Work, are exempt from the conditions described in Section 4.1 but
only to the extent that: the software module, including any software that is
linked to, integrated with, or part of the same applications as, the software
module by any method must be wholly subject to one of the Compatible Source
Licenses. Notwithstanding the foregoing, all Covered Code must be subject to the
terms of this License. Thus, the entire Derivative Work must be licensed under a
combination of the RPSL (for Covered Code) and a Compatible Source License for
any independently developed software modules within the Derivative Work. The
foregoing requirement applies even if the Compatible Source License would
ordinarily allow the software module to link with, or form larger works with,
other software that is not subject to the Compatible Source License. For
example, although the Mozilla Public License v1.1 allows Mozilla code to be
combined with proprietary software that is not subject to the MPL, if
MPL-licensed code is used with Covered Code the MPL-licensed code could not be
combined or linked with any code not governed by the MPL. The general intent of
this section 4.2 is to enable use of Covered Code with applications that are
wholly subject to an acceptable open source license. You are responsible for
determining whether your use of software with Covered Code is allowed under Your
license to such software.
4.3 Mere aggregation of another work not based on the Covered Code with the
Covered Code (or with a work based on the Covered Code) on a volume of a storage
or distribution medium does not bring the other work under the scope of this
License. If You deliver the Covered Code for combination and/or integration with
an application previously provided by You (for example, via automatic updating
technology), such combination and/or integration constitutes a Derivative Work
subject to the terms of this License.
5. Exclusions From License Grant. Nothing in this License shall be deemed to
grant any rights to trademarks, copyrights, patents, trade secrets or any other
intellectual property of Licensor or any Contributor except as expressly stated
herein. No right is granted to the trademarks of Licensor or any Contributor
even if such marks are included in the Covered Code. Nothing in this License
shall be interpreted to prohibit Licensor from licensing under different terms
from this License any code that Licensor otherwise would have a right to
license. Modifications, Derivative Works and/or any use or combination of
Covered Code with other technology provided by Licensor or third parties may
require additional patent licenses from Licensor which Licensor may grant in its
sole discretion. No patent license is granted separate from the Original Code or
combinations of the Original Code with other software or hardware.
5.1. Trademarks. This License does not grant any rights to use the trademarks or
trade names owned by Licensor ("Licensor Marks" defined in Exhibit C) or to any
trademark or trade name belonging to any Contributor. No Licensor Marks may be
used to endorse or promote products derived from the Original Code other than as
permitted by the Licensor Trademark Policy defined in Exhibit C.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations and/or other rights consistent with
the scope of the license granted herein ("Additional Terms") to one or more
recipients of Covered Code. However, You may do so only on Your own behalf and
as Your sole responsibility, and not on behalf of Licensor or any Contributor.
You must obtain the recipient's agreement that any such Additional Terms are
offered by You alone, and You hereby agree to indemnify, defend and hold
Licensor and every Contributor harmless for any liability incurred by or claims
asserted against Licensor or such Contributor by reason of any such Additional
Terms.
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