Whereas, Brilliance Business Solutions owns and offers the use of its InnestoNuke ™ software application via a software product 1 license key (“the License Key”), and,
Whereas, YOU desire the use of such License Key,
Therefore, based upon sufficient legal consideration, including payment by YOU, receipt of which has been separately acknowledged, and the covenants contained herein, the parties to this Agreement agree as follows:
Acceptance. By installing the License Key, YOU agree to be bound by all of the terms and conditions of this Agreement to the full extent of the law. Further, YOU acknowledge that YOU have read this Agreement and fully understand it.
Effective Date and Term. This Agreement is effective as of the date of execution of this Agreement or first date of installation of the License Key by YOU, whichever is earlier.
The Agreement remains in effect until its Termination, as defined below.
Copyright Protection. YOU acknowledge that this software/license key is protected by applicable national and international copyright laws. Further, YOU acknowledge that YOU do not have any ownership rights to the software product/license key.
Grant of Limited Use Rights. Under this Agreement, YOU, and no other person or entity, are granted limited use rights of the License Key provided. Under such grant of limited use, YOU may install the License Key to access and use the InnestoNuke ™ software application for use on a single web domain owned by YOU in connection with a single DotNetNuke ™ 2 (“DNN”) installation. This License Key is licensed per DNN domain; each DNN domain must have its own unique license key. In addition, you may use the License Key for local web development purposes through localhost on a single (1) computer system. All versions of InnestoNuke ™ are designed to be used in a website as an Authentication System and Membership Provider within DotNetNuke and AspDotNetStoreFront. InnestoNuke ™ is not a development tool. InnestoNuke ™ may not be incorporated into any software product or script sold or offered in any way to any third (3rd) party.
Accordingly, multiple use or other uses of the License Key is strictly prohibited; multiple use and other use options are available under other packages and agreements offered by Brilliance Business Solutions.
Restrictions and Limitations Without any limitation to Key Provider, the following Restrictions and Limitations apply:
A. YOU may not assign, rent, lease, sell, share or transfer in any way the License Key, or your limited use rights under this Agreement, without special prior written permission from Brilliance Business Solutions. B. YOU may not do or attempt to do any of the following: copy, reverse engineer, de-compile, or disassemble any version of InnestoNuke™ if YOU do not legally own a source code license.
Ownership. Brilliance Business Solutions shall retain all ownership rights of the License Key at all times.
Retention of Rights and Remedies. Brilliance Business Solutions reserves and retains all of its rights and remedies, whether legal or equitable in nature.
Liability. In no event shall Brilliance Business Solutions be liable for any causes of action, claims, or any alleged or actual damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of information or any other pecuniary loss) related to or arising out of the use of, or the inability to use, the License Key by YOU, even if Brilliance Business Solutions has been advised of the possibility or occurrence of such damages.
Termination. Without limitation or prejudice to any other rights, Brilliance Business Solutions may terminate this Agreement with YOU, or any part of thereof, at any time, by written notice, if YOU fail to comply with any of the terms and conditions of this Agreement in any way. Upon such termination, YOU must immediately cease use of the License Key and destroy all copies of InnestoNuke ™, any derivative work(s), and all of its/their component parts, and take all steps necessary to hold harmless Brilliance Business Solutions.
Governing Law, Venue and Jurisdiction. As to Governing Law, Venue and Jurisdiction, the parties agree and consent as that, regardless of Conflict of Laws principles, this Agreement shall be construed under and governed by the laws of the State of Wisconsin, with proper Venue and Jurisdiction being in the County of Milwaukee, State of Wisconsin.
Binding Effect. The Parties agree to full performance of the covenants expressed in this Agreement and shall be bound to the full extent of the law. Further, this Agreement and all of its covenants shall apply to and bind the parties, as well as their affiliates, agents, assigns, employees, executors or personal representatives, franchisees, receivers or successors, who agree to the full performance of the covenants of this Agreement.
Entire Agreement and Severability. This document is the entire Agreement between the parties; no other covenants have been made. Any amendments or modifications must be made in writing and executed by both parties. If any provision of this Agreement, or part thereof, shall be found to be invalid or unenforceable for any reason, it shall not preclude the enforcement of other provisions in this Agreement. All remaining provisions shall remain valid and enforced in accordance with their terms to the extent possible.