EULA LICENSE AGREEMENT
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 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 "I AGREE TO THE ABOVE LICENSE TERMS" 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 I DO NOT AGREE TO THE ABOVE LICENSE TERMS 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 © 1995-2002 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.