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authorChris White <chriswhite@gentoo.org>2005-01-20 21:18:14 +0000
committerChris White <chriswhite@gentoo.org>2005-01-20 21:18:14 +0000
commit7d8836245f887de09fab41a1198649480da03c91 (patch)
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parentInitial s390 2005.0 profile. (diff)
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Commiting Helix DNA Technology Binary Research Use License (say that three times fast...).
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+Helix DNA Technology Binary Research Use License
+
+REDISTRIBUTION NOT PERMITTED
+
+This Helix DNA Technology Binary Research
+Use License ("License") is a legal agreement
+between You and RealNetworks, Inc. and
+its suppliers and licensors (collectively,
+"RealNetworks") for the binary versions of
+the Helix DNA Compiled Binaries distributed
+under this License ("Software"), which are
+made available from the "Helix DNA Compiled
+Binaries" section of the www.helixcommunity.org
+<http://www.helixcommunity.org/> Web site. "You"
+means an individual, or a legal entity acting
+by and through an individual or individuals,
+exercising rights either under this License.
+For legal entities, "You" includes any entity
+that by majority voting interest controls, is
+controlled by, or is under common control with
+You. The terms and conditions for this License
+are as follows:
+
+By clicking on or accepting the "ACCEPT" option
+below, or by installing, copying or otherwise
+using the Software, you agree to be bound by the
+terms of this License Agreement. IF YOU DO NOT
+AGREE TO THE TERMS OF THIS LICENSE AGREEMENT,
+CLICK THE "ACCEPT" BUTTON AND/OR DO NOT INSTALL
+THE SOFTWARE.
+
+YOU AGREE THAT YOUR USE OF THE SOFTWARE
+ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE,
+UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS
+TERMS AND CONDITIONS.
+
+1. GRANT OF LICENSE FOR INTERNAL RESEARCH AND
+DEVELOPMENT WORK. Subject to the restrictions
+set forth herein, RealNetworks hereby grants
+to You a non-exclusive, non-sublicensable,
+personal license to use the Software in
+object code and any accompanying documentation
+("Documentation") solely for Your internal,
+non-commercial evaluation and research use,
+provided that You may only install and use a
+reasonable number of copies of the Software on
+computers owned or controlled by You and located
+on Your premises. As part of such use You may
+combine the Software with other Helix software
+properly licensed to You under the terms of
+the RealNetworks Community Source License
+Agreement or the RealNetworks Public Source
+License Agreement, but You may not otherwise
+create derivative works of the Software or
+Documentation.
+
+2. LICENSE RESTRICTIONS.
+
+a) You may not: (i) permit other individuals to
+use the Software except under the terms listed
+above; (ii) modify, translate, reverse engineer,
+decompile, disassemble or use any other method
+(including "clean room" development) to learn the
+source code of the Software (except to the extent
+that this restriction is expressly prohibited by
+law); (iii) rent, lease, transfer, or otherwise
+transfer rights to the Software or Documentation;
+(iv) remove any proprietary notices or labels
+on the Software or Documentation; (v) use
+the Software to encode, reproduce or copy any
+material or intellectual property You do not have
+the right to encode, reproduce, or copy; (vi)
+use the Software to develop any application that
+has the capability of transcoding or converting
+RealAudio or RealVideo Files into any other
+file format ("Transcode" means to alter the
+current encoding or form of media files that was
+decoded from its original form, including by way
+of example but not limited to by way of example
+but not limited to: decompression of an audio or
+video stream and recompression using a different
+compression algorithm); or (vii) make available
+to any third party the results of any evaluation
+or testing of the Software by You under this
+License. Any such forbidden use shall immediately
+terminate Your license to the Software.
+
+b) You agree that You shall only use the Software
+and Documentation in a manner that complies with
+all applicable laws in the jurisdictions in
+which You use the Software and Documentation,
+including, but not limited to, applicable
+restrictions concerning copyright and other
+intellectual property rights.
+
+c) You may not use the Software in an attempt to,
+or in conjunction with, any device, program or
+service designed to circumvent technological
+measures employed to control access to, or
+the rights in, a digital media content file or
+other work protected by the copyright laws of
+any jurisdiction.
+
+d) Certain components of the Software may embody
+a serial copying management system required
+by the laws of the United States. You may not
+circumvent or attempt to circumvent this system
+by any means.
+
+3. COPIES OF SOFTWARE AND ENHANCEMENTS. This
+license does not grant You any right to any
+enhancement or update.
+
+4. TITLE. Title, ownership, rights, and
+intellectual property rights in and to the
+Software and Documentation shall remain
+in RealNetworks. The Software is protected
+by the copyright laws of the United States
+and international copyright treaties. Title,
+ownership rights and intellectual property
+rights in and to the content accessed through
+the Software including the content contained in
+the Software media demonstration files shall
+be retained by the applicable content owner
+and may be protected by applicable copyright or
+other law. This license gives You no rights to
+such content.
+
+5. DISCLAIMER OF WARRANTY & LIMIT OF
+LIABILITY. THE SOFTWARE AND DOCUMENTATION
+ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
+ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
+APPLICABLE LAW, REALNETWORKS FURTHER DISCLAIMS
+ALL WARRANTIES, INCLUDING WITHOUT LIMITATION
+ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
+FITNESS FOR A PARTICULAR PURPOSE, AND
+NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT
+OF THE USE OR PERFORMANCE OF THE SOFTWARE AND
+DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM
+EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
+SHALL REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR
+ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
+PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
+WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
+PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
+INFORMATION, OR OTHER PECUNIARY LOSS) ARISING
+OUT OF THIS LICENSE OR THE USE OF OR INABILITY
+TO USE THE PRODUCT, EVEN IF REALNETWORKS
+HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
+DAMAGES. REALNETWORKS' TOTAL LIABLITY FOR ANY
+DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS
+($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT
+ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
+FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
+ABOVE LIMITATION MAY NOT APPLY TO YOU.
+
+6. INDEMNIFICATION. This Software is intended
+for use only with properly licensed media,
+content and content creation tools. It is
+Your responsibility to ascertain whether any
+copyright, patent or other licenses are necessary
+and to obtain any licenses to such media and
+content. You agree to use only those materials
+for which You have the necessary patent,
+copyright and other permissions, licenses, and/or
+clearances. You agree to hold harmless, indemnify
+and defend RealNetworks, its officers, directors
+and employees, from and against any losses,
+damages, fines and expenses (including attorneys'
+fees and costs) arising out of or relating to any
+claims that You have encoded, copied, compressed,
+enabled the "Allow Recording" feature, enabled
+the "Allow Download" feature, or copied, used,
+published, displayed, or transmitted any content
+or materials (other than materials provided
+by RealNetworks specifically for Your use)
+in connection with the Software in violation
+of another party's rights If You are importing
+the Software from the United States, You shall
+indemnify and hold RealNetworks harmless from
+and against any import and export duties or
+other claims arising from such importation.
+
+7. TERMINATION. This License and Your right to
+use this Software automatically terminate if
+You fail to comply with any material provision
+of this License. RealNetworks may terminate
+this License at any time by delivering notice
+to You and You may terminate this License at
+any time by destroying or erasing Your copy of
+the Software. Upon termination of this License,
+You agree to destroy or erase the Software.
+
+8. NO ASSIGNMENT. This License is personal
+to You, and may not be assigned without
+RealNetworks' express written consent.
+
+9. U.S. GOVERNMENT RESTRICTED
+RIGHTS. U.S. GOVERNMENT RESTRICTED RIGHTS:
+This Software and documentation are provided
+with RESTRICTED RIGHTS. Use, duplication
+or disclosure by the Government is subject
+to restrictions set forth in subparagraphs
+(a) through (d) of the Commercial Computer
+Software--Restricted Rights at FAR 52.227-19
+when applicable, or in subparagraph (c)(1)(ii)
+of the Rights in Technical Data and Computer
+Software clause at DFARS 252.227-7013, and in
+similar clauses in the NASA FAR supplement,
+as applicable. Manufacturer is RealNetworks,
+Inc./2601 Elliott, Suite 1000/Seattle,
+Washington 98121. You are responsible for
+complying with all trade regulations and laws
+both foreign and domestic. You acknowledge that
+none of the Software or underlying information
+or technology may be downloaded or otherwise
+exported or re-exported (i) into (or to a
+national or resident of) Cuba, Iraq, Libya,
+Sudan, North Korea, Iran, Syria or any other
+country subject to a U.S. embargo; or (ii)
+to anyone on the U.S. Treasury Department's
+list of Specially Designated Nationals or the
+U.S. Commerce Department's Denied Parties List
+or Entity List. By using the Software You are
+agreeing to the foregoing and are representing
+and warranting that (i) no U.S. federal agency
+has suspended, revoked, or denied You export
+privileges, (ii) You are not located in or
+under the control of a national or resident of
+any such country or on any such list, and (iii)
+You will not export or re-export the Software
+to any prohibited county, or to any prohibited
+person, entity, or end-user as specified by U.S.
+export controls.
+
+10. MISCELLANEOUS. This License Agreement
+shall constitute the complete and exclusive
+agreement between us. A separate written
+agreement with respect to the subject matter
+hereof shall supersede this instrument to the
+extent indicated in such separate agreement. This
+License Agreement may not be modified except
+in a writing duly signed by an authorized
+representative of RealNetworks and You. If any
+provision of this License Agreement is held to
+be unenforceable for any reason, such provision
+shall be reformed only to the extent necessary
+to make it enforceable, and such decision shall
+not affect the enforceability of such provision
+under other circumstances, or of the remaining
+provisions hereof under all circumstances. This
+License Agreement shall be governed by the laws
+of the State of Washington without regard to
+conflicts of law provisions and You consent
+to the exclusive jurisdiction of the state
+and federal courts sitting in the State of
+Washington. This License Agreement will not be
+governed by the United Nations Convention of
+Contracts for the International Sale of Goods,
+the application of which is hereby expressly
+excluded.
+
+Copyright (C)1995-2004 RealNetworks, Inc. and/or
+its suppliers. 2601 Elliott Avenue, Suite 1000,
+Seattle, Washington 98121 U.S.A. The Software may
+incorporate one or more of the following patents:
+U.S. Patent #5,917,835; U.S. Patent # 5,854,858;
+U.S. Patent # 5,917,954. Other U.S. patents
+pending. All rights reserved. RealNetworks,
+Helix, RealAudio, and RealVideo are trademarks
+or registered trademarks of RealNetworks, Inc.
+
+By Clicking the "ACCEPT" button below you are
+agreeing to the Helix DNA Technology Binary
+Research Use License
+