RealNetworks' RTSP Proxy License

Wed Sep 5 19:46:57 UTC 2001

Hi all,

I'd like to submit the RealNetworks' RTSP Proxy license for OSI 
certification.  The text of the license can be found at the URL below as 
well as in section B of this email:
http://www.rtsp.org/2001/proxy/license.html

Thanks
Rob
==============================================================
A.  Answers to process questions
--------------------------------------------------------------
Below are the responses to the first four points in the certification mark 
process (steps 5-8 do not seem to require response):
http://www.opensource.org/docs/certification_mark.html#approval

Text of process included for convenience:

1.Put the license on a web page in HTML form. We will convert it
   into the same style as the existing approved licenses. You can
   help us by publishing it in that style yourself to save us the
   conversion step.

Response:
Done.  It's not in your template, but the license itself is between <pre> 
tags, so it'll go into whatever template you want pretty easily.
http://www.rtsp.org/2001/proxy/license.html

2.Tell us which existing OSI-approved license is most similar to
   your license. Explain why that license will not suffice for your
   needs. If your proposed license is derived from a license we
   have already approved, describe exactly what you have
   changed. This document is not part of the license; it is solely to
   help the board understand and review your license.

Response:
This is very similar to the BSD license.  The jurisdiction for disputes is 
changed to the State of Washington, and there's a section on export 
restrictions.

3.Explain how software distributed under your license can be
   used in conjunction with software distributed under other open
   source licenses. Which license do you think will take
   precedence for derivative or combined works? Is there any
   software license that is entirely incompatible with your
   proposed license?.

Response:
This should be entirely compatible with all OSI-approved licenses, assuming 
that the BSD license (newer version) is compatible with all OSI-approved 
licenses.

4.Send your proposed license by email to
   license-approval at opensource.org. Indicate in the email
   whether you want the license posted to the license-discuss list
   with your identification or anonymously. (We are willing to
   consider licenses that the author doesn't want posted at all, but
   since community review is an important part of the approval
   process, we will have to circulate such licenses privately to
   individual reviewers: because of this, licenses not posted to
   license-discuss at all may take longer to approve, and are likely
   to require more interaction with you.) You are invited to follow
   discussion of the licenses by subscribing to
   license-discuss-subscribe at opensource.org. This mailing-list is
   archived here.

Response:
license-discuss is cc'd on this message, and the license is already 
publically available off of rtsp.org.

==============================================================
B.  Full text of the license
--------------------------------------------------------------

RTSP Proxy Kit License (2001-02-06)

This License Agreement ("License Agreement") is a legal agreement between
you (either an individual or an entity) and RealNetworks, Inc. and its
suppliers and licensors (collectively "RN") for the for RealNetworks' RTSP
Proxy Reference Kit ("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.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO
NOT USE THE SOFTWARE.

1. GRANT OF LICENSE.

Subject to the provisions contained in this License Agreement, RN hereby
grants you a non-exclusive, non-transferable, perpetual, worldwide license
to use, modify or redistribute the Software subject to the following terms
and conditions:

(a) The copyright notice ("(c) 2001 RealNetworks, Inc.") and this copy of
this License Agreement shall appear on all copies and/or any derivative
versions of the Software you create or distribute.

(b) You acknowledge and agree that RN is and shall be the exclusive owner
of all right, title and interest, including copyright, in the Software.

All rights not expressly granted to you are reserved to RN.

2.  SOFTWARE MAINTENANCE AND UPGRADES.

RN is not obligated to provide maintenance or updates to you for the
Software. However, any maintenance or updates provided by RN shall be
covered by this Agreement.

3.  DISCLAIMER OF WARRANTY.

The Software is deemed accepted by you.  Because RN is providing you the
Software for free, the Software is provided to you 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 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, DIRECT, 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
AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF
REALNETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

4. INDEMNIFICATION.

You hereby agree to defend, indemnify, and hold RN, its directors,
officers, employees and agents, harmless from any and all claims, damages,
and expenses (including attorneys fees and costs) of any nature arising out
of the use, modification, or redistribution the Software or any derivative
versions thereof.

5. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: 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.

6. GOVERNING LAW; ATTORNEYS FEES.

This agreement shall be governed by the laws of the State of Washington and
you further consent to jurisdiction by the state and federal courts sitting
in Seattle, Washington.  If RN employs attorneys to enforce any rights
arising out of or relating to this Agreement and prevails, RN shall be
entitled to recover reasonable attorneys' fees from you.

7.  ENTIRE AGREEMENT.

This agreement constitutes the complete and exclusive agreement between RN
and you with respect to the subject matter hereof, and supersedes all prior
oral or written understandings, communications or agreements not
specifically incorporated herein.  This agreement may not be modified
except in a writing duly signed by an authorized representative of RN and
you.

Copyright (c) 2001 RealNetworks, Inc. and/or its suppliers.  2601 Elliott
Avenue, Seattle, Washington 98121 U.S.A.  All rights are reserved.

RTSP Proxy License Agreement 2-06-01

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