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Revision 1.2 - (hide annotations) (download)
Sat Nov 5 02:29:54 2011 UTC (2 years, 8 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +5 -6 lines
Fix various licenses, encoding should be UTF-8, bug 389395.

1 vapier 1.1 Please read the following Software License Agreement.
2     It is necessary that you understand it and agree to be bound by its terms
3     in order to use the accompanying software product(s) and associated files.
4    
5     RESOUNDING TECHNOLOGY, INC.
6     SOFTWARE LICENSE AGREEMENT
7    
8     IMPORTANT: DO NOT RUN OR EXAMINE THE ACCOMPANYING SOFTWARE PRODUCT UNTIL
9     YOU HAVE READ THIS AGREEMENT. BY RUNNING THE SOFTWARE PRODUCT, YOU AFFIRM
10     THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT
11 ulm 1.2 ALL OF THE TERMS OF THIS AGREEMENT (1) DO NOT RUN THE SOFTWARE
12 vapier 1.1 (2) DISCONTINUE THE INSTALLATION AND LICENSING PROCESS BY
13     DELETING ALL FILES THAT CAME WITH THIS DISTRIBUTION.
14    
15     This software ("Software") is licensed, not sold, to you for use
16     only under the terms of this License Agreement ("Agreement").
17     Resounding Technology, Inc. ("Licensor") continues to own the
18     Software and reserves any rights not expressly granted to you.
19    
20     1. LICENSE GRANT. Licensor grants to you, subject to the terms
21     and conditions of this Agreement, a nonexclusive, nontransferable
22     right to use the Software. This Agreement grants to you the
23     right to install and use the Software on a hard disk or other
24     storage device on any computer. You may copy the Software in
25     object code form only for archival and back-up purposes,
26     provided such back-up copy is not installed or used on any
27     computer. Ownership of, and title to, the Software and any
28     manuals, guides or any other printed material that Licensor
29     provided to you for use with the Software ("Documentation")
30     is and will be held by Licensor and its licensors.
31    
32     2. PROTECTION OF SOFTWARE. You agree to protect the Software
33     and the Documentation from unauthorized copying or use. You
34     acknowledge that the source code for the Software and other
35     trade secrets embodied in the Software have not been, and are
36     not going to be, disclosed to you. Modifications of, additions
37     to, or deletions from the Software (including any deletion or
38     addition of code) are strictly prohibited. Except as
39     specifically permitted in this Agreement, you agree not to,
40     directly or indirectly, (i) use any Confidential Information
41     to create any software or documentation that is similar to
42     any of the Software or Documentation; (ii) reverse engineer,
43     disassemble or decompile the Software; (iii) encumber,
44     transfer, sublicense, rent, lease, time-share or use the
45     Software in any service bureau arrangement; or (iv) copy
46     (except as provided herein), distribute, manufacture,
47     adapt, create derivative works of, translate, localize,
48     port or otherwise modify Software or permit any third party
49     to engage in any of the acts proscribed in clauses (i) through (iv).
50     You agree not to remove or alter any printed or on-screen
51     copyright, trade secret or other legal notices contained on or
52     in the Software or the Documentation.
53    
54     3. CONFIDENTIALITY.
55    
56     3.1 Confidential Information. "Confidential Information" means
57     all confidential, proprietary or trade secret information of
58     Licensor, including without limitation all Software, all
59     Documentation and all other information or material which is
60     provided or disclosed by Licensor to you for the purposes
61     specified in this Agreement, whether such information is
62     disclosed by Licensor (a) in writing or other tangible medium,
63     (b) visually, or (c) orally. "Confidential Information" does
64     not include any portion of any such information to the extent that
65     you can clearly demonstrate that it: (i) is or becomes known in the
66     trade through no act or omission by you; (ii) is disclosed to you
67     by a third party who has a right to make such disclosure without
68     any obligation of confidentiality to Licensor; or (iii) is
69     independently developed by you without reference to such information.
70    
71     3.2 Confidentiality Obligations. You agree to (a) use the highest
72     commercially reasonable degree of care to protect and maintain the
73     Confidential Information as confidential and to hold the
74     Confidential Information in trust for the exclusive benefit of
75     Licensor; (b) use the Confidential Information solely as expressly
76     permitted by this Agreement; (c) not disclose the Confidential
77     Information to any person or entity not a party to this Agreement;
78     and (d) return to Licensor at anytime upon Licensor's request,
79     any and all Confidential Information.
80    
81     4. OWNERSHIP. Licensor retains all of its respective rights, title
82     and interest in the Software and the Documentation, including
83     without limitation any and all patents, patent applications,
84     copyrights, trade secrets, trademarks and other intellectual
85     property rights, and you agree not to take any action inconsistent
86     with such title and ownership. YOU ACKNOWLEDGE AND AGREE THAT THE
87     SOFTWARE MAY CONTAIN CODE OR REQUIRE DEVICES THAT DETECT OR PREVENT
88     UNAUTHORIZED USE OF THE SOFTWARE.
89    
90    
91    
92     5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
93    
94     5.1 Disclaimer of Warranty. YOU ACKNOWLEDGE THAT THE SOFTWARE WILL
95     CEASE TO TRANSMIT AFTER EACH FIFTEEN (15) MINUTE PERIOD OF USE UNTIL
96     IT HAS BEEN MADE FULLY FUNCTIONAL BY SUBMITTING REGISTRATION
97     INFORMATION TO LICENSOR IN RETURN FOR A SOFTWARE LICENSE KEY
98     (SECTION 6.1). YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND THE
99     DOCUMENTATION ARE BEING SUPPLIED TO YOU ON AN "AS IS" BASIS.
100     LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE
101     SOFTWARE AND THE DOCUMENTATION, WHETHER EXPRESS OR IMPLIED, ORAL OR
102     WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
103     PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS WELL AS ALL
104     WARRANTIES ARISING BY USAGE OF TRADE AND COURSE OF DEALING.
105     LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR
106     REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
107     OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS
108     DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
109     LIMITATIONS MAY NOT APPLY TO YOU. To the extent permissible, any
110     implied warranties are limited to thirty (30) days.
111    
112     5.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES TO
113     LICENSEE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY
114     CLAIM OR ACTION, SHALL NOT EXCEED FIVE (5) DOLLARS. LICENSOR SHALL
115     IN NO EVENT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA,
116     INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL,
117     INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER
118     UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION
119     WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN IF
120     LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME
121     JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
122     OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY
123     NOT APPLY TO YOU.
124    
125     6. USER INFORMATION.
126    
127     6.1 Registration. Upon registering the Software with Licensor, you
128     will be issued an alphanumeric user identification and a license
129     key that will allow full operation of the Software ("Registration").
130     You are responsible for maintaining the confidentiality of your
131     user identification number and license key and are liable for any
132     harm or loss resulting from disclosing or allowing disclosure of
133     any license key or from use by any person of your license key to
134     gain access to the Software.
135    
136     6.2 Former Users. Users whose accounts have been terminated by
137     Licensor may not access the Software in any manner or for any reason
138     without the express written permission of Licensor. Active Users
139     may not knowingly allow former Users who have been terminated to
140     use the active User's accounts.
141    
142     7. Support & UPGRADES. As long as Licensor generally offers to
143     third parties licenses to use the Software, Licensor will (i)
144     maintain an e-mail address for responding to maintenance issues and
145     users questions and (ii) provide generally offered updates or
146     enhancements of the Software and the Documentation that Licensor
147     periodically makes available to Users. Any updates or enhancements
148     to the Software delivered by way of support services shall be
149     treated for all purposes under this Agreement as Software and all
150     intellectual property rights therein shall be retained by Licensor.
151    
152     8. TERM AND TERMINATION. This Agreement shall remain in force
153     until terminated as provided herein. You may terminate this
154     Agreement at any time and for any reason upon deletion of the
155     Software from any computer or storage device. This Agreement will
156     also terminate if you breach any of the terms or conditions of
157     this Agreement. You agree that in the event of the termination of
158     this Agreement for any reason, your license rights to the Software
159     and the Documentation are immediately terminated. Licensor reserves
160     the right without notice to disable (including remotely) the
161     Software in the event of a breach of this Agreement by you. The
162     rights and obligation of the parties under Sections 3 (Confidential
163     Information), 4 (Ownership), 5.1 (Warranty), 5.2 (Limitation of
164     Liability), 10 (Compliance with Laws), 11 (General Provisions and
165     this Section 8 will survive the termination of this Agreement.
166    
167     9. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software or
168     Documentation is acquired by or on behalf of a unit or agency of the
169     United States Government (the "Government"), the Government agrees
170     that such Software and Documentation is "commercial computer
171     software" and "commercial computer software documentation",
172     respectively, and that absent a written agreement to the contrary,
173     the Government's rights with respect to such Software and
174     Documentation are, in the case of civilian agency use, RESTRICTED
175 ulm 1.2 RIGHTS, as defined in FAR §52.227.19, and if for the Department of
176 vapier 1.1 Defense use, limited by the terms of this Agreement, pursuant to
177 ulm 1.2 DFAR §227.7202. The use of the Software or Documentation by the
178 vapier 1.1 Government constitutes acknowledgment of Licensor's proprietary
179     rights in the Software and Documentation. Contractor/manufacturer
180     is Licensor. Licensor's address is set forth at the end of this
181     Agreement.
182    
183     10. COMPLIANCE WITH LAWS. You agree that you shall not export or
184     re-export, directly or indirectly (including via remote access),
185     Software, Documentation or other information or materials provided
186     by Licensor hereunder, to any country for which the United States
187     or any other relevant jurisdiction requires any export license or
188     other governmental approval at the time of export without first
189     obtaining such license or approval. It shall be your responsibility
190     to comply with the latest United States export regulations, and you
191     shall defend and indemnify Licensor from and against any damages,
192     fines, penalties, assessments, liabilities, costs and expenses
193     (including reasonable attorneys' fees and court costs) arising out
194     of any claim that the Software, Documentation, or other information
195     or materials provided by Licensor hereunder were exported or
196     otherwise accessed, shipped or transported in violation of
197     applicable laws and regulations. You shall comply with all laws,
198     legislation, rules, regulations, and governmental requirements with
199     respect to the Software, and the performance by Licensee of its
200     obligations hereunder, of any jurisdiction in or from which Licensee
201     directly or indirectly causes the Software to be used or accessed.
202    
203     11. GENERAL.
204    
205     11.1 Severability. In the event that any provision of this Agreement
206     shall, in whole or in part, be determined to be invalid, unenforceable
207     or void for any reason, such determination shall affect only the
208     portion of such provision determined to be invalid, unenforceable or
209     void, and shall not affect in any way the remainder of such provision
210     or any other provision of this Agreement.
211     11.2 Waiver. The waiver by either party of a breach or a default of
212     any provision of this Agreement by the other party shall not be
213     construed as a waiver of any succeeding breach of the same or any
214     other provision, nor shall any delay or omission on the part of
215     either party to exercise or avail itself of any right, power or
216     privilege that it has, or may have hereunder, operate as a waiver of
217     any right, power or privilege by such party.
218     11.3 Governing Law; Jurisdiction & Venue This Agreement shall be
219     governed by and construed in accordance with the laws of the
220     Commonwealth of Massachusetts, without regard to its choice of law
221     provisions. In the event of any conflict between foreign laws, rules
222     and regulations and those of the United States, the laws, rules and
223     regulations of the United States shall govern. The United Nations
224     Convention on Contracts for the International Sale of Goods shall
225     not apply to this Agreement. Exclusive jurisdiction and venue for
226     any litigation arising under this Agreement is in the federal and
227     state courts located in Suffolk County, Massachusetts and you agree
228     to take any and all necessary or appropriate action to submit to the
229     jurisdiction and venue of such court.
230     11.4 Entire Agreement; Amendment. This Agreement constitutes the
231     entire agreement between the parties with regard to the subject
232     matter hereof and supersedes all prior understandings and
233     agreements, whether written or oral, as to such subject matter. No
234     waiver, consent, modification or change of terms of this Agreement
235     shall bind either party unless in writing signed by both parties,
236     and then such waiver, consent, modification or change shall be
237     effective only in the specific instance and for the specific purpose
238     given.
239     11.5 Assignment. This Agreement and the rights and obligations
240     hereunder, may not be assigned, in whole or in part by Licensee,
241     without the prior written consent of Licensor. In the case of any
242     permitted assignment or transfer of or under this Agreement, this
243     Agreement or the relevant provisions shall be binding upon, and
244     inure to the benefit of, the successors, executors, heirs,
245     representatives, administrators and assigns of the parties hereto.
246     11.6 Acknowledgment. You acknowledge that (a) you have read and
247     understand this Agreement; and (b) that this Agreement has the same
248     force and effect as a signed agreement.
249    
250 ulm 1.2 Licensor:
251 vapier 1.1
252     Resounding Technology, Inc.
253     87 Marshall Street
254     Building 10
255     North Adams, MA 01247
256     www.resounding.com
257    
258    
259    
260     IF YOU DO NOT AGREE TO ALL OF THE FOREGOING, or are not authorized to agree,
261     delete all copies of the accompanying software and associated files from your
262 ulm 1.2 computer systems and backup media. If authorized, you may accept at
263 vapier 1.1 another time.

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