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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
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parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-Please read the following Software License Agreement.
-It is necessary that you understand it and agree to be bound by its terms
-in order to use the accompanying software product(s) and associated files.
-
-RESOUNDING TECHNOLOGY, INC.
-SOFTWARE LICENSE AGREEMENT
-
-IMPORTANT: DO NOT RUN OR EXAMINE THE ACCOMPANYING SOFTWARE PRODUCT UNTIL
-YOU HAVE READ THIS AGREEMENT. BY RUNNING THE SOFTWARE PRODUCT, YOU AFFIRM
-THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT
-ALL OF THE TERMS OF THIS AGREEMENT (1) DO NOT RUN THE SOFTWARE
-(2) DISCONTINUE THE INSTALLATION AND LICENSING PROCESS BY
-DELETING ALL FILES THAT CAME WITH THIS DISTRIBUTION.
-
-This software ("Software") is licensed, not sold, to you for use
-only under the terms of this License Agreement ("Agreement").
-Resounding Technology, Inc. ("Licensor") continues to own the
-Software and reserves any rights not expressly granted to you.
-
-1. LICENSE GRANT. Licensor grants to you, subject to the terms
-and conditions of this Agreement, a nonexclusive, nontransferable
-right to use the Software. This Agreement grants to you the
-right to install and use the Software on a hard disk or other
-storage device on any computer. You may copy the Software in
-object code form only for archival and back-up purposes,
-provided such back-up copy is not installed or used on any
-computer. Ownership of, and title to, the Software and any
-manuals, guides or any other printed material that Licensor
-provided to you for use with the Software ("Documentation")
-is and will be held by Licensor and its licensors.
-
-2. PROTECTION OF SOFTWARE. You agree to protect the Software
-and the Documentation from unauthorized copying or use. You
-acknowledge that the source code for the Software and other
-trade secrets embodied in the Software have not been, and are
-not going to be, disclosed to you. Modifications of, additions
-to, or deletions from the Software (including any deletion or
-addition of code) are strictly prohibited. Except as
-specifically permitted in this Agreement, you agree not to,
-directly or indirectly, (i) use any Confidential Information
-to create any software or documentation that is similar to
-any of the Software or Documentation; (ii) reverse engineer,
-disassemble or decompile the Software; (iii) encumber,
-transfer, sublicense, rent, lease, time-share or use the
-Software in any service bureau arrangement; or (iv) copy
-(except as provided herein), distribute, manufacture,
-adapt, create derivative works of, translate, localize,
-port or otherwise modify Software or permit any third party
-to engage in any of the acts proscribed in clauses (i) through (iv).
-You agree not to remove or alter any printed or on-screen
-copyright, trade secret or other legal notices contained on or
-in the Software or the Documentation.
-
-3. CONFIDENTIALITY.
-
-3.1 Confidential Information. "Confidential Information" means
-all confidential, proprietary or trade secret information of
-Licensor, including without limitation all Software, all
-Documentation and all other information or material which is
-provided or disclosed by Licensor to you for the purposes
-specified in this Agreement, whether such information is
-disclosed by Licensor (a) in writing or other tangible medium,
-(b) visually, or (c) orally. "Confidential Information" does
-not include any portion of any such information to the extent that
-you can clearly demonstrate that it: (i) is or becomes known in the
-trade through no act or omission by you; (ii) is disclosed to you
-by a third party who has a right to make such disclosure without
-any obligation of confidentiality to Licensor; or (iii) is
-independently developed by you without reference to such information.
-
-3.2 Confidentiality Obligations. You agree to (a) use the highest
-commercially reasonable degree of care to protect and maintain the
-Confidential Information as confidential and to hold the
-Confidential Information in trust for the exclusive benefit of
-Licensor; (b) use the Confidential Information solely as expressly
-permitted by this Agreement; (c) not disclose the Confidential
-Information to any person or entity not a party to this Agreement;
-and (d) return to Licensor at anytime upon Licensor's request,
-any and all Confidential Information.
-
-4. OWNERSHIP. Licensor retains all of its respective rights, title
-and interest in the Software and the Documentation, including
-without limitation any and all patents, patent applications,
-copyrights, trade secrets, trademarks and other intellectual
-property rights, and you agree not to take any action inconsistent
-with such title and ownership. YOU ACKNOWLEDGE AND AGREE THAT THE
-SOFTWARE MAY CONTAIN CODE OR REQUIRE DEVICES THAT DETECT OR PREVENT
-UNAUTHORIZED USE OF THE SOFTWARE.
-
-
-
-5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
-
-5.1 Disclaimer of Warranty. YOU ACKNOWLEDGE THAT THE SOFTWARE WILL
-CEASE TO TRANSMIT AFTER EACH FIFTEEN (15) MINUTE PERIOD OF USE UNTIL
-IT HAS BEEN MADE FULLY FUNCTIONAL BY SUBMITTING REGISTRATION
-INFORMATION TO LICENSOR IN RETURN FOR A SOFTWARE LICENSE KEY
-(SECTION 6.1). YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND THE
-DOCUMENTATION ARE BEING SUPPLIED TO YOU ON AN "AS IS" BASIS.
-LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE
-SOFTWARE AND THE DOCUMENTATION, WHETHER EXPRESS OR IMPLIED, ORAL OR
-WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
-PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS WELL AS ALL
-WARRANTIES ARISING BY USAGE OF TRADE AND COURSE OF DEALING.
-LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR
-REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
-OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS
-DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
-LIMITATIONS MAY NOT APPLY TO YOU. To the extent permissible, any
-implied warranties are limited to thirty (30) days.
-
-5.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES TO
-LICENSEE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY
-CLAIM OR ACTION, SHALL NOT EXCEED FIVE (5) DOLLARS. LICENSOR SHALL
-IN NO EVENT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA,
-INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL,
-INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER
-UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION
-WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN IF
-LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME
-JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
-OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY
-NOT APPLY TO YOU.
-
-6. USER INFORMATION.
-
-6.1 Registration. Upon registering the Software with Licensor, you
-will be issued an alphanumeric user identification and a license
-key that will allow full operation of the Software ("Registration").
-You are responsible for maintaining the confidentiality of your
-user identification number and license key and are liable for any
-harm or loss resulting from disclosing or allowing disclosure of
-any license key or from use by any person of your license key to
-gain access to the Software.
-
-6.2 Former Users. Users whose accounts have been terminated by
-Licensor may not access the Software in any manner or for any reason
-without the express written permission of Licensor. Active Users
-may not knowingly allow former Users who have been terminated to
-use the active User's accounts.
-
-7. Support & UPGRADES. As long as Licensor generally offers to
-third parties licenses to use the Software, Licensor will (i)
-maintain an e-mail address for responding to maintenance issues and
-users questions and (ii) provide generally offered updates or
-enhancements of the Software and the Documentation that Licensor
-periodically makes available to Users. Any updates or enhancements
-to the Software delivered by way of support services shall be
-treated for all purposes under this Agreement as Software and all
-intellectual property rights therein shall be retained by Licensor.
-
-8. TERM AND TERMINATION. This Agreement shall remain in force
-until terminated as provided herein. You may terminate this
-Agreement at any time and for any reason upon deletion of the
-Software from any computer or storage device. This Agreement will
-also terminate if you breach any of the terms or conditions of
-this Agreement. You agree that in the event of the termination of
-this Agreement for any reason, your license rights to the Software
-and the Documentation are immediately terminated. Licensor reserves
-the right without notice to disable (including remotely) the
-Software in the event of a breach of this Agreement by you. The
-rights and obligation of the parties under Sections 3 (Confidential
-Information), 4 (Ownership), 5.1 (Warranty), 5.2 (Limitation of
-Liability), 10 (Compliance with Laws), 11 (General Provisions and
-this Section 8 will survive the termination of this Agreement.
-
-9. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software or
-Documentation is acquired by or on behalf of a unit or agency of the
-United States Government (the "Government"), the Government agrees
-that such Software and Documentation is "commercial computer
-software" and "commercial computer software documentation",
-respectively, and that absent a written agreement to the contrary,
-the Government's rights with respect to such Software and
-Documentation are, in the case of civilian agency use, RESTRICTED
-RIGHTS, as defined in FAR §52.227.19, and if for the Department of
-Defense use, limited by the terms of this Agreement, pursuant to
-DFAR §227.7202. The use of the Software or Documentation by the
-Government constitutes acknowledgment of Licensor's proprietary
-rights in the Software and Documentation. Contractor/manufacturer
-is Licensor. Licensor's address is set forth at the end of this
-Agreement.
-
-10. COMPLIANCE WITH LAWS. You agree that you shall not export or
-re-export, directly or indirectly (including via remote access),
-Software, Documentation or other information or materials provided
-by Licensor hereunder, to any country for which the United States
-or any other relevant jurisdiction requires any export license or
-other governmental approval at the time of export without first
-obtaining such license or approval. It shall be your responsibility
-to comply with the latest United States export regulations, and you
-shall defend and indemnify Licensor from and against any damages,
-fines, penalties, assessments, liabilities, costs and expenses
-(including reasonable attorneys' fees and court costs) arising out
-of any claim that the Software, Documentation, or other information
-or materials provided by Licensor hereunder were exported or
-otherwise accessed, shipped or transported in violation of
-applicable laws and regulations. You shall comply with all laws,
-legislation, rules, regulations, and governmental requirements with
-respect to the Software, and the performance by Licensee of its
-obligations hereunder, of any jurisdiction in or from which Licensee
-directly or indirectly causes the Software to be used or accessed.
-
-11. GENERAL.
-
-11.1 Severability. In the event that any provision of this Agreement
-shall, in whole or in part, be determined to be invalid, unenforceable
-or void for any reason, such determination shall affect only the
-portion of such provision determined to be invalid, unenforceable or
-void, and shall not affect in any way the remainder of such provision
-or any other provision of this Agreement.
-11.2 Waiver. The waiver by either party of a breach or a default of
-any provision of this Agreement by the other party shall not be
-construed as a waiver of any succeeding breach of the same or any
-other provision, nor shall any delay or omission on the part of
-either party to exercise or avail itself of any right, power or
-privilege that it has, or may have hereunder, operate as a waiver of
-any right, power or privilege by such party.
-11.3 Governing Law; Jurisdiction & Venue This Agreement shall be
-governed by and construed in accordance with the laws of the
-Commonwealth of Massachusetts, without regard to its choice of law
-provisions. In the event of any conflict between foreign laws, rules
-and regulations and those of the United States, the laws, rules and
-regulations of the United States shall govern. The United Nations
-Convention on Contracts for the International Sale of Goods shall
-not apply to this Agreement. Exclusive jurisdiction and venue for
-any litigation arising under this Agreement is in the federal and
-state courts located in Suffolk County, Massachusetts and you agree
-to take any and all necessary or appropriate action to submit to the
-jurisdiction and venue of such court.
-11.4 Entire Agreement; Amendment. This Agreement constitutes the
-entire agreement between the parties with regard to the subject
-matter hereof and supersedes all prior understandings and
-agreements, whether written or oral, as to such subject matter. No
-waiver, consent, modification or change of terms of this Agreement
-shall bind either party unless in writing signed by both parties,
-and then such waiver, consent, modification or change shall be
-effective only in the specific instance and for the specific purpose
-given.
-11.5 Assignment. This Agreement and the rights and obligations
-hereunder, may not be assigned, in whole or in part by Licensee,
-without the prior written consent of Licensor. In the case of any
-permitted assignment or transfer of or under this Agreement, this
-Agreement or the relevant provisions shall be binding upon, and
-inure to the benefit of, the successors, executors, heirs,
-representatives, administrators and assigns of the parties hereto.
-11.6 Acknowledgment. You acknowledge that (a) you have read and
-understand this Agreement; and (b) that this Agreement has the same
-force and effect as a signed agreement.
-
-Licensor:
-
- Resounding Technology, Inc.
- 87 Marshall Street
- Building 10
- North Adams, MA 01247
- www.resounding.com
-
-
-
-IF YOU DO NOT AGREE TO ALL OF THE FOREGOING, or are not authorized to agree,
-delete all copies of the accompanying software and associated files from your
-computer systems and backup media. If authorized, you may accept at
-another time.