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