rcsl.txt

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4.2 Effect.

Once a particular version of Covered Code has been provided under a
version of the License, You may always continue to use such Covered Code
under the terms of that version of the License. You may also choose to
use such Covered Code under the terms of any subsequent version of the
License. No one other than Original Contributor has the right to
promulgate License versions.

4.3 Multiple-Licensed Code.

Original Contributor may designate portions of the Covered Code as
"Multiple-Licensed." "Multiple-Licensed" means that the Original
Contributor permits You to utilize those designated portions of the
Covered Code under Your choice of this License or the alternative
license(s), if any, specified by the Original Contributor in an
Attachment to this License.

*5. Disclaimer of Warranty.*

5.1 COVERED CODE PROVIDED AS IS.

COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE
RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER
THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT SUBJECT TO THIS DISCLAIMER.

5.2 Not Designed for High Risk Activities.

You acknowledge that Original Code, Upgraded Code and Specifications are
not designed or intended for use in high risk activities including, but
not limited to: (i) on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or (ii) in the design,
construction, operation or maintenance of any nuclear facility. Original
Contributor disclaims any express or implied warranty of fitness for
such uses.

*6. Termination.*

6.1 By You.

You may terminate this Research Use license at anytime by providing
written notice to Original Contributor.

6.2 By Original Contributor.

This License and the rights granted hereunder will terminate:

(i) automatically if You fail to comply with the terms of this License
and fail to cure such breach within 30 days of receipt of written notice
of the breach;

(ii) immediately in the event of circumstances specified in Sections 7.1
and 8.4; or

(iii) at Original Contributor's discretion upon any action initiated by
You (including by cross-claim or counter claim) alleging that use or
distribution by Original Contributor or any Licensee, of Original Code,
Upgraded Code, Error Corrections, Shared Modifications or Specifications
infringe a patent owned or controlled by You.

6.3 Effective of Termination.

Upon termination, You agree to discontinue use of and destroy all copies
of Covered Code in Your possession. All sublicenses to the Covered Code
which You have properly granted shall survive any termination of this
License. Provisions that, by their nature, should remain in effect
beyond the termination of this License shall survive including, without
limitation, Sections 2.2, 3, 5, 7 and 8.

6.4 No Compensation.

Each party waives and releases the other from any claim to compensation
or indemnity for permitted or lawful termination of the business
relationship established by this License.

*7. Liability.*

7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or
Specifications ("Materials") become the subject of a claim of
infringement, Original Contributor may, at its sole option, (i) attempt
to procure the rights necessary for You to continue using the Materials,
(ii) modify the Materials so that they are no longer infringing, or
(iii) terminate Your right to use the Materials, immediately upon
written notice, and refund to You the amount, if any, having then
actually been paid by You to Original Contributor for the Original Code,
Upgraded Code and TCK, depreciated on a straight line, five year basis.

7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE
LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS
LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED
PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO
ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR
ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS
PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL YOU (RELATIVE TO YOUR
SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR RISING OUT OF THIS LICENSE (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC
ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN
AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

*8. Miscellaneous.*

8.1 Trademark.

You shall not use any Trademark unless You and Original Contributor
execute a copy of the Commercial Use and Trademark License Agreement
attached hereto as Attachment D. Except as expressly provided in the
License, You are granted no right, title or license to, or interest in,
any Trademarks. Whether or not You and Original Contributor enter into
the Trademark License, You agree not to (i) challenge Original
Contributor's ownership or use of Trademarks; (ii) attempt to register
any Trademarks, or any mark or logo substantially similar thereto; or
(iii) incorporate any Trademarks into Your own trademarks, product
names, service marks, company names, or domain names.

8.2 Integration.

This License represents the complete agreement concerning the subject
matter hereof.

8.3 Assignment.

Original Contributor may assign this License, and its rights and
obligations hereunder, in its sole discretion. You may assign the
Research Use portions of this License and the TCK license to a third
party upon prior written notice to Original Contributor (which may be
provided electronically via the Community Web-Server). You may not
assign the Commercial Use and Trademark license, the Add-On Technology
License, or the Add-On Technology Source Code Porting License, including
by way of merger (regardless of whether You are the surviving entity) or
acquisition, without Original Contributor's prior written consent.

8.4 Severability.

If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. Notwithstanding the foregoing, if You are prohibited by law
from fully and specifically complying with Sections 2.2 or 3, this
License will immediately terminate and You must immediately discontinue
any use of Covered Code.

8.5 Governing Law.

This License shall be governed by the laws of the United States and the
State of Washington, as applied to contracts entered into and to be
performed in Washington between Washington residents. The application of
the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. You agree that the state and federal courts
located in Seattle, Washington have exclusive jurisdiction over any
claim relating to the License, including contract and tort claims.

8.6 Dispute Resolution.

a) Arbitration. Any dispute arising out of or relating to this License
shall be finally settled by arbitration as set out herein, except that
either party may bring any action, in a court of competent jurisdiction
(which jurisdiction shall be exclusive), with respect to any dispute
relating to such party's Intellectual Property Rights or with respect to
Your compliance with the TCK license. Arbitration shall be administered:
(i) by the American Arbitration Association (AAA), (ii) in accordance
with the rules of the United Nations Commission on International Trade
Law (UNCITRAL) (the "Rules") in effect at the time of arbitration as
modified herein; and (iii) the arbitrator will apply the substantive
laws of Washington and the United States. Judgment upon the award
rendered by the arbitrator may be entered in any court having
jurisdiction to enforce such award.

b) Arbitration language, venue and damages. All arbitration proceedings
shall be conducted in English by a single arbitrator selected in
accordance with the Rules, who must be fluent in English and be either a
retired judge or practicing attorney having at least ten (10) years
litigation experience and be reasonably familiar with the technology
matters relative to the dispute. Unless otherwise agreed, arbitration
venue shall be in Seattle, Washington. The arbitrator may award monetary
damages only and nothing shall preclude either party from seeking
provisional or emergency relief from a court of competent jurisdiction.
The arbitrator shall have no authority to award damages in excess of
those permitted in this License and any such award in excess is void.
All awards will be payable in U.S. dollars and may include, for the
prevailing party (i) pre-judgment award interest, (ii) reasonable
attorneys' fees incurred in connection with the arbitration, and (iii)
reasonable costs and expenses incurred in enforcing the award. The
arbitrator will order each party to produce identified documents and
respond to no more than twenty-five single question interrogatories.

8.7 Construction.

Any law or regulation, which provides that the language of a contract
shall be construed against the drafter, shall not apply to this License.

8.8 U.S. Government End Users.

The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
You agree to pass this notice to our licensees.

8.9 Marketing Activities.

Licensee hereby grants Original Contributor a non-exclusive,
non-transferable, limited license to use the Licensee's company name and
logo ("Licensee Marks") in any presentations, press releases, or
marketing materials solely for the purpose of identifying Licensee as a
member of the Helix Community. Licensee shall provide samples of
Licensee Marks to Original Contributor upon request by Original
Contributor. Original Contributor acknowledges that the Licensee Marks
are the trademarks of Licensee. Original Contributor shall not use the
Licensee Marks in a way that may imply that Original Contributor is an
agency or branch of Licensee. Original Contributor understands and
agrees that the use of any Licensee Marks in connection with this
Agreement shall not create any right, title or interest, in, or to the
Licensee Marks or any Licensee trademarks and that all such use and
goodwill associated with any such trademarks will inure to the benefit
of Licensee. Further the Original Contributor will stop usage of the
Licensee Marks upon Licensee's request.

8.10 Press Announcements.

You may make press announcements or other public statements regarding
this License without the prior written consent of the Original
Contributor, if Your statement is limited to announcing the licensing of
the Covered Code or the availability of Your Product and its
compatibility with the Covered Code. All other public announcements
regarding this license require the prior written consent of the Original
Contributor. Consent requests are welcome at [e-mail].

8.11 International Use.

a) Export/Import laws. Covered Code is subject to U.S. export control
laws and may be subject to export or import regulations in other
countries. Each party agrees to comply strictly with all such laws and
regulations and acknowledges their responsibility to obtain such
licenses to export, re-export, or import as may be required. You agree
to pass these obligations to Your licensees.

b) Intellectual Property Protection. Due to limited intellectual
property protection and enforcement in certain countries, You agree not
to redistribute the Original Code, Upgraded Code, TCK and Specifications
to any country on the list of restricted countries on the Community Web
Server.

8.12 Language.

This License is in the English language only, which language shall be
controlling in all respects, and all versions of this License in any
other language shall be for accommodation only and shall not be binding
on the parties to this License. All communications and notices made or
given pursuant to this License, and all documentation and support to be
provided, unless otherwise noted, shall be in the English language.

PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE
"ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND
CONDITIONS OF THIS LICENSE WITH REALNETWORKS, INC. IF YOU ARE AGREEING
TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE
AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. WHETHER YOU ARE ACTING
ON YOUR OWN BEHALF, OR REPRESENTING A COMPANY, YOU MUST BE OF MAJORITY