| Helix DNA Technology Binary Research Use License |
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| REDISTRIBUTION NOT PERMITTED |
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| 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. |
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| By Clicking the "ACCEPT" button below you are |
| agreeing to the Helix DNA Technology Binary |
| Research Use License |
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