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diff --git a/licenses/Resounding b/licenses/Resounding deleted file mode 100644 index 605817df1..000000000 --- a/licenses/Resounding +++ /dev/null @@ -1,263 +0,0 @@ -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. |