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Revision 1.2 - (show annotations) (download)
Sat Nov 5 02:29:54 2011 UTC (2 years, 9 months ago) by ulm
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Changes since 1.1: +5 -6 lines
Fix various licenses, encoding should be UTF-8, bug 389395.

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 ALL OF THE TERMS OF THIS AGREEMENT (1) DO NOT RUN THE SOFTWARE
12 (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 RIGHTS, as defined in FAR §52.227.19, and if for the Department of
176 Defense use, limited by the terms of this Agreement, pursuant to
177 DFAR §227.7202. The use of the Software or Documentation by the
178 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 Licensor:
251
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 computer systems and backup media. If authorized, you may accept at
263 another time.

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