REALNETWORKS COMMUNITY SOURCE LICENSE

    (RCSL)

Version 1.0 (Rev. Date October 28, 2002).

  RECITALS

Original Contributor has developed Specifications, Source Code 

implementations and Executables of certain Technology; and

Original Contributor desires to license the Technology to a large 

community to facilitate research, innovation and product development 

while maintaining compatibility of such products with the Technology as 

delivered by Original Contributor; and

Original Contributor desires to license certain Trademarks for the 

purpose of branding products that are compatible with the relevant 

Technology delivered by Original Contributor; and

You desire to license the Technology and possibly certain Trademarks 

from Original Contributor on the terms and conditions specified in this 

License.

In consideration for the mutual covenants contained herein, You and 

Original Contributor agree as follows:

  AGREEMENT

*1. Introduction.*

The RealNetworks Community Source License ("RCSL") and effective 

attachments ("License") may include six distinct licenses:

i. Research Use license - License plus Attachments A, B and C only.

ii. Commercial Use License, which may be for Internal Deployment Use or

external distribution, or both -- License plus Attachments A, B, C, D and E.

iii. Technology Compatibility Kit (TCK) license - Attachment C.

iv. Trademark license - Attachment E.

v. RealAudio/RealVideo Technology License (Executable) Client

Distribution License -Attachment F.

vi) RealAudio/RealVideo Technology Source Code Porting 

License -Attachment G.

The Research Use license is effective when You click and accept this 

License. The TCK is effective when You click and accept this License, 

unless otherwise specified in the TCK attachments. The Commercial Use, 

Trademark, RealAudio/RealVideo Technology Licenses, and the 

RealAudio/RealVideo Source Code Porting licenses must each be signed by 

You and Original Contributor to become effective. Once effective, these 

licenses and the associated requirements and responsibilities are 

cumulative. Capitalized terms used in this License are defined in the 

Glossary. 

*2. License Grants.*

2.1 Original Contributor Grant.

Subject to Your compliance with Sections 3, 8.10 and Attachment A of 

this License, Original Contributor grants to You a worldwide, 

royalty-free, non-exclusive license, to the extent of Original 

Contributor's Intellectual Property Rights covering the Original Code, 

Upgraded Code and Specifications, to do the following:

(a) Research Use License:

(i) use, reproduce and modify the Original Code, Upgraded Code and 

Specifications to create Modifications and Reformatted Specifications 

for Research Use by You;

(ii) publish and display Original Code, Upgraded Code and Specifications 

with, or as part of Modifications, as permitted under Section 3.1(b) 

below;

(iii) reproduce and distribute copies of Original Code and Upgraded Code 

to Licensees and students for Research Use by You;

(iv) compile, reproduce and distribute Original Code and Upgraded Code 

in Executable form, and Reformatted Specifications to anyone for 

Research Use by You.

(b) Other than the licenses expressly granted in this License, Original 

Contributor retains all right, title, and interest in Original Code and 

Upgraded Code and Specifications.

2.2 Your Grants.

(a) To Other Licensees. You hereby grant to each Licensee a license to 

Your Error Corrections and Shared Modifications, of the same scope and 

extent as Original Contributor's licenses under Section 2.1 a) above 

relative to Research Use and Attachment D relative to Commercial Use.

(b) To Original Contributor. You hereby grant to Original Contributor a 

worldwide, royalty-free, non-exclusive, perpetual and irrevocable 

license, to the extent of Your Intellectual Property Rights covering 

Your Error Corrections, Shared Modifications and Reformatted 

Specifications, to use, reproduce, modify, display and distribute Your 

Error Corrections, Shared Modifications and Reformatted Specifications, 

in any form, including the right to sublicense such rights through 

multiple tiers of distribution.

(c) Other than the licenses expressly granted in Sections 2.2(a) and (b) 

above, and the restrictions set forth in Section 3.1(d)(iv) below, You 

retain all right, title, and interest in Your Error Corrections, Shared 

Modifications and Reformatted Specifications.

2.3 Contributor Modifications.

You may use, reproduce, modify, display and distribute Contributor Error 

Corrections, Shared Modifications and Reformatted Specifications, 

obtained by You under this License, to the same scope and extent as with 

Original Code, Upgraded Code and Specifications.

2.4 Subcontracting.

You may deliver the Source Code of Covered Code to other Licensees 

having at least a Research Use license, for the sole purpose of 

furnishing development services to You in connection with Your rights 

granted in this License. All such Licensees must execute appropriate 

documents with respect to such work consistent with the terms of this 

License, and acknowledging their work-made-for-hire status or assigning 

exclusive right to the work product and associated Intellectual Property 

Rights to You.

*3. Requirements and Responsibilities.*

3.1 Research Use License.

As a condition of exercising the rights granted under Section 2.1(a) 

above, You agree to comply with the following:

(a) Your Contribution to the Community. All Error Corrections and Shared 

Modifications which You create or contribute to are automatically 

subject to the licenses granted under Section 2.2 above. You are 

encouraged to license all of Your other Modifications under Section 2.2 

as Shared Modifications, but are not required to do so. You agree to 

notify Original Contributor of any errors in the Specification.

(b) Source Code Availability. You agree to provide all Your Error 

Corrections to Original Contributor as soon as reasonably practicable 

and, in any event, prior to Internal Deployment Use or Commercial Use, 

if applicable. Original Contributor may, at its discretion, post Source 

Code for Your Error Corrections and Shared Modifications on the 

Community Webserver. You may also post Error Corrections and Shared 

Modifications on a web-server of Your choice; provided, that You must 

take reasonable precautions to ensure that only Licensees have access to 

such Error Corrections and Shared Modifications. Such precautions shall 

include, without limitation, a password protection scheme limited to 

Licensees and a click-on, download certification of Licensee status 

required of those attempting to download from the server. An example of 

an acceptable certification is attached as Attachment A-2.

(c) Notices. All Error Corrections and Shared Modifications You create 

or contribute to must include a file documenting the additions and 

changes You made and the date of such additions and changes. You must 

also include the notice set forth in Attachment A-1 in the file header. 

If it is not possible to put the notice in a particular Source Code file 

due to its structure, then You must include the notice in a location 

(such as a relevant directory file), where a recipient would be most 

likely to look for such a notice.

(d) Redistribution.

(i) Source. Covered Code may be distributed in Source Code form only to 

another Licensee (except for students as provided below). You may not 

offer or impose any terms on any Covered Code that alter the rights, 

requirements, or responsibilities of such Licensee. You may distribute 

Covered Code to students for use in connection with their course work 

and research projects undertaken at accredited educational institutions. 

Such students need not be Licensees, but must be given a copy of the 

notice set forth in Attachment A-3 and such notice must also be included 

in a file header or prominent location in the Source Code made available 

to such students.

(ii) Executable. You may distribute Executable version(s) of Covered 

Code to Licensees and other third parties only for the purpose of 

evaluation and comment in connection with Research Use by You and under 

a license of Your choice, but which limits use of such Executable 

version(s) of Covered Code only to that purpose.

(iii) Modified Class, Interface and Package Naming. In connection with 

Research Use by You only, You may use Original Contributor's class, 

Interface and package names only to accurately reference or invoke the 

Source Code files You modify. Original Contributor grants to You a 

limited license to the extent necessary for such purposes.

(iv) You expressly agree that any distribution, in whole or in part, of 

Modifications developed by You shall only be done pursuant to the terms 

and conditions of this License.

(e) Extensions.

(i) Covered Code. You may not include any Source Code of Community Code 

in any Extensions. You may include the compiled Header Files of 

Community Code in an Extension provided that your use of the Covered 

Code, including Heading Files, complies with the Commercial Use License, 

the TCK and all other terms of this License.

(ii) Publication. No later than the date on which You first distribute 

such Extension for Commercial Use, You must publish to the industry, on 

a non-confidential basis and free of all copyright restrictions with 

respect to reproduction and use, an accurate and current specification 

for any Extension. In addition, You must make available an appropriate 

test suite, pursuant to the same rights as the specification, 

sufficiently detailed to allow any third party reasonably skilled in the 

technology to produce implementations of the Extension compatible with 

the specification. Such test suites must be made available as soon as 

reasonably practicable but, in no event, later than ninety (90) days 

after Your first Commercial Use of the Extension. You must use 

reasonable efforts to promptly clarify and correct the specification and 

the test suite upon written request by Original Contributor.

(iii) Open. You agree to refrain from enforcing any Intellectual 

Property Rights You may have covering any interface(s) of Your 

Extension, which would prevent the implementation of such interface(s) 

by Original Contributor or any Licensee. This obligation does not 

prevent You from enforcing any Intellectual Property Right You have that 

would otherwise be infringed by an implementation of Your Extension.

(iv) Interface Modifications and Naming. You may not modify or add to 

the GUID space "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other GUID 

space designated by Original Contributor. You may not modify any 

Interface prefix provided with the Covered Code or any other prefix 

designated by Original Contributor.

(f) You agree that any Specifications provided to You by Original 

Contributor are confidential and proprietary information of Original 

Contributor. You must maintain the confidentiality of the Specifications 

and may not disclose them to any third party without Original 

Contributor's prior written consent. You may only use the Specifications 

under the terms of this License and only for the purpose of implementing 

the terms of this License with respect to Covered Code. You agree not 

use, copy or distribute any such Specifications except as provided in 

writing by Original Contributor.

*4. Versions of the License.*

4.1 License Versions.

Original Contributor may publish revised versions of the License from 

time to time. Each version will be given a distinguishing version 

number.

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 Trademark License Agreement attached hereto as 

Attachment F. 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 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 license or TCK 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.

   1. Press Announcements.

You agree not to make any press announcement or other public statement 

regarding this License without the prior written consent of the Original 

Contributor.

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 

AGE AND BE OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. IF YOU DO NOT 

MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE TERMS AND 

CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT.

  GLOSSARY

1. "Applicable Patent Rights" mean: (a) in the case where Original 

Contributor is the grantor of rights, claims of patents that (i) are now 

or hereafter acquired, owned by or assigned to Original Contributor and 

(ii) are necessarily infringed by using or making the Original Code or 

Upgraded Code, including Modifications provided by Original Contributor, 

alone and not in combination with other software or hardware; and (b) in 

the case where Licensee is the grantor of rights, claims of patents that 

(i) are now or hereafter acquired, owned by or assigned to Licensee and 

(ii) are infringed (directly or indirectly) by using or making 

Licensee's Modifications or Error Corrections, taken alone or in 

combination with Covered Code.

2. "Application Programming Interfaces (APIs)" means the interfaces, 

associated header files, service provider interfaces, and protocols that 

enable a device, application, Operating System, or other program to 

obtain services from or make requests of (or provide services in 

response to requests from) other programs, and to use, benefit from, or 

rely on the resources, facilities, and capabilities of the relevant 

programs using the APIs. APIs includes the technical documentation 

describing the APIs, the Source Code constituting the API, and any 

Header Files used with the APIs.

3. "Commercial Use" means any use (internal or external), copying, 

sublicensing or distribution (internal or external), directly or 

indirectly of Covered Code by You other than Your Research Use of 

Covered Code within your business or organization or in conjunction with 

other Licensees with equivalent Research Use rights. Commercial Use 

includes any use of the Covered Code for direct or indirect commercial 

or strategic gain, advantage or other business purpose. Any Commercial 

Use requires execution of both Attachment D and Attachment E by You and 

Original Contributor.

4. "Community Code" means the Original Code, Upgraded Code, Error 

Corrections, Shared Modifications, or any combination thereof.

5. "Community Webserver(s)" means the webservers designated by Original 

Contributor for access to the Original Code, Upgraded Code, TCK and 

Specifications and for posting Error Corrections and Shared 

Modifications.

6. "Compliant Covered Code" means Covered Code that complies with the 

requirements of the TCK.

7. "Contributor" means each Licensee that creates or contributes to the 

creation of any Error Correction or Shared Modification.

8. "Covered Code" means the Original Code, Upgraded Code, Modifications, 

or any combination thereof.

9. "Error Correction" means any change made to Community Code which 

conforms to the Specification and corrects the adverse effect of a 

failure of Community Code to perform any function set forth in or 

required by the Specifications.

10. "Executable" means Covered Code that has been converted from Source 

Code to the preferred form for execution by a computer or digital 

processor (e.g. binary form).

11. "Extension(s)" means any additional Interfaces developed by or for 

You which:  (i) are designed for use with the Technology; (ii) 

constitute an API for a library of computing functions or services; and 

(iii) are disclosed or otherwise made available to third party software 

developers for the purpose of developing software which invokes such 

additional Interfaces.  The foregoing shall not apply to software 

developed by Your subcontractors to be exclusively used by You.

12. "Header File(s)" means that portion of the Source Code that provides 

the names and types of member functions, data members, class 

definitions, and interface definitions necessary to implement the APIs 

for the Covered Code. Header Files include, files specifically 

designated by Original Contributor as Header Files. Header Files do not 

include the code necessary to implement the functionality underlying the 

Interface.

13. "Intellectual Property Rights" means worldwide statutory and common 

law rights associated solely with (i) Applicable Patent Rights; (ii) 

works of authorship including copyrights, copyright applications, 

copyright registrations and "moral rights"; (iii) the protection of 

trade and industrial secrets and confidential information; and (iv) 

divisions, continuations, renewals, and re-issuances of the foregoing 

now existing or acquired in the future.

14. "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.

15. "Internal Deployment Use" means use of Compliant Covered Code 

(excluding Research Use) within Your business or organization only by 

Your employees and/or agents on behalf of Your business or organization, 

but not to provide services, including content distribution, to third 

parties, subject to execution of Attachment D by You and Original 

Contributor, if required.

16. "Licensee" means any party that has entered into and has in effect a 

version of this License with Original Contributor.

17. "Modification(s)" means (i) any addition to, deletion from and/or 

change to the substance and/or structure of the Covered Code; (ii) the 

combination of any Covered Code and any previous Modifications; (iii) 

any new file or other representation of computer program statements that 

contains any portion of Covered Code; and/or (iv) any new Source Code 

implementing any portion of the Specifications.

18. "MPEG-4 Patents" means any patents necessary to make, use or sell 

technology implementing any portion of the specification developed by 

the Moving Pictures Experts Group known as MPEG-4, including but not 

limited to all past and future versions, profiles, extensions, parts and 

amendments relating to the MPEG-4 specification.

19. "Original Code" means the initial Source Code for the Technology as 

described on the Community Web Server.

20. "Original Contributor" means RealNetworks, Inc., its affiliates and 

its successors and assigns.

21. "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.

22. "RCSL Webpage" means the RealNetworks Community Source License 

webpage located at https://www.helixcommunity.org/content/rcsl or such 

other URL that Original Contributor may designate from time to time.

23. "Reformatted Specifications" means any revision to the 

Specifications which translates or reformats the Specifications (as for 

example in connection with Your documentation) but which does not alter, 

subset or superset the functional or operational aspects of the 

Specifications.

24. "Research Use" means use and distribution of Covered Code only for 

Your Personal Use, research or development use and expressly excludes 

Internal Deployment Use and Commercial Use. Research Use also includes 

use of Covered Code to teach individuals how to use Covered Code.

25. "Shared Modifications" means Modifications that you distribute or 

use for a Commercial Use, in addition to any Modifications provided by 

You, at Your option, pursuant to Section 2.2, or received by You from a 

Contributor pursuant to Section 2.3.

26. "Source Code" means the preferred form of the Covered Code 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, or source code 

differential comparisons against either the Original Code or another 

well known, available Covered Code of the Contributor's choice. The 

Source Code can be in a compressed or archival form, provided the 

appropriate decompression or de-archiving software is widely available 

for no charge.

27. "Specifications" means the specifications for the Technology and 

other documentation, as designated on the Community Web Server, as may 

be revised by Original Contributor from time to time.

28. "Trademarks" means Original Contributor's trademarks and logos, 

including, but not limited to, RealNetworks, RealAudio, RealVideo, 

RealOne, RealSystem, SureStream, Helix, Helix DNA and other trademarks 

whether now used or adopted in the future.

29. "Technology" means the technology described in Attachment B, and 

Upgrades.

30. "Technology Compatibility Kit" or "TCK" means the test programs, 

procedures, acceptance criteria and/or other requirements, designated by 

Original Contributor for use in verifying compliance of Covered Code 

with the Specifications, in conjunction with the Original Code and 

Upgraded Code. Original Contributor may, in its sole discretion and from 

time to time, revise a TCK to correct errors and/or omissions and in 

connection with Upgrades.

31. "Upgrade(s)" means new versions of Technology designated exclusively 

by Original Contributor as an "Upgrade" and released by Original 

Contributor from time to time under the terms of the License.

32. "Upgraded Code" means the Source Code and/or Executables for 

Upgrades, possibly including Modifications made by Contributors.

33. "You(r)" means an individual, or a legal entity acting by and 

through an individual or individuals, exercising rights either under 

this License or under a future version of this License issued pursuant 

to Section 4.1. For legal entities, "You(r)" includes any entity that by 

majority voting interest controls, is controlled by, or is under common 

control with You.

34. "Your Products" means any (i) hardware products you distribute 

integrating the Covered Code; (ii) any software products you distribute 

with the Covered Code that utilize the APIs of the Covered Code; or 

(iii) any services you provide using the Covered Code.

  ATTACHMENT A

REQUIRED NOTICES

    ATTACHMENT A-1

REQUIRED IN ALL CASES

Notice to be included in header file of all Error Corrections and Shared 

Modifications:

Portions Copyright 1994-2002 © RealNetworks, Inc.  All rights reserved. 

The contents of this file, and the files included with this file, are 

subject to the current version of RealNetworks Community Source License 

Version 1.0 (the "License"). You may not use this file except in 

compliance with the License executed by both you and RealNetworks.  You 

may obtain a copy of the License at 

https://www.helixcommunity.org/content/rcsl. You may also obtain a copy 

of the License by contacting RealNetworks directly. Please see the 

License for the rights, obligations and limitations governing use of the 

contents of the file.

This file is part of the Helix DNA technology.  RealNetworks, Inc., is 

the developer of the Original code and owns the copyrights in the 

portions it created. 

This file, and the files included with this file, are distributed on an 

'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, 

AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT 

LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 

PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

Contributor(s):

_______________________________________________

Technology Compatibility Kit Test Suite(s) Location:

________________________________

    ATTACHMENT A-2

SAMPLE LICENSEE CERTIFICATION

"By clicking the `Agree' button below, You certify that You are a 

Licensee in good standing under the RealNetworks Community Source 

License, ("License") and that Your access, use and distribution of code 

and information You may obtain at this site is subject to the License. 

If you are not a Licensee under the RealNetworks Community Source 

License you agree not to download, copy or use the Helix DNA technology.

    ATTACHMENT A-3

REQUIRED STUDENT NOTIFICATION

"This software and related documentation has been obtained by your 

educational institution subject to the RealNetworks Community Source 

License. You have been provided access to the software and related 

documentation for use only in connection with your course work and 

research activities as a matriculated student of your educational 

institution. Any other use is expressly prohibited.

THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF 

REALNETWORKS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY 

RIGHTS.

You may not use this file except in compliance with the License. You may 

obtain a copy of the License on the web at 

https://www.helixcommunity.org/content/rcsl.

  ATTACHMENT B

Description of Technology

Helix DNA, which consists of Helix DNA Client, Helix DNA Server and 

Helix DNA Producer.

Description of "Technology"

Helix DNA Technology v1.0 as described on the Community Web Server.

  ATTACHMENT C

TECHNOLOGY COMPATIBILITY KIT LICENSE

The following license is effective for the Helix DNA Technology 

Compatibility Kit - as described on the Community Web Server. The 

Technology Compatibility Kit(s) for the Technology specified in 

Attachment B may be accessed at the Community Web Server.

1. TCK License.

1.1) Grants to use TCK

Subject to the terms and restrictions set forth below and the 

RealNetworks Community Source License, the Research Use license, and the 

Commercial Use License, Original Contributor grants to You a worldwide, 

non-exclusive, non-transferable license, to the extent of Original 

Contributor's Intellectual Property Rights in the TCK (without the right 

to sublicense), to use the TCK to develop and test Covered Code.

1.2) TCK Use Restrictions.

You are not authorized to create derivative works of the TCK or use the 

TCK to test any implementation of the Specification that is not Covered 

Code. You may not publish your test results or make claims of 

comparative compatibility with respect to other implementations of the 

Specification. In consideration for the license grant in Section 1.1 

above you agree not to develop your own tests that are intended to 

validate conformation with the Specification.