Commercial Software License Agreement
This Commercial Software License Agreement (“Agreement”) is a legal agreement between you (“Licensee”) and Bricks Software AS (“Licensor”) governing the use of the Unleash Enterprise (“Software”). By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement.
1. Grant of License
1.1 License Grant
Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable license to use the Software solely for internal business purposes, subject to the restrictions in this Agreement.
1.2 Production Use
This license permits use of the Software in production environments only with a valid and active license key provided by Licensor.
1.3 Trial License Limitations
If Licensee is using a trial or evaluation license, such license is provided solely for testing and evaluation purposes. Trial licenses will not be entitled to support or service level commitments during the trial period. Licensor reserves the right to revoke or terminate a trial license at any time.
2. Restrictions
2.1 No Modification or Derivative Works
Licensee shall not modify, create derivative works of, or reverse engineer the Software in any manner.
2.2 No Redistribution
Licensee shall not distribute, resell, sublicense, or otherwise make the Software available to any third party.
2.3 No Circumvention
Licensee shall not attempt to bypass, disable, or circumvent any restrictions or protections embedded in the Software, including but not limited to seat restrictions, traffic restrictions, connected instance restrictions, or any other commercial limitations enforced by the license key.
2.4 Compliance with Laws
Licensee shall use the Software in compliance with all applicable laws and regulations.
3. License Key Requirements
3.1 License Key Requirement
The Software requires a valid license key to operate in a production environment. License keys are issued by Licensor and are tied to the terms of the Licensee’s purchase agreement, including but not limited to seat and instance restrictions.
3.2 Security of License Key
Licensee is responsible for ensuring the license key remains secure and is not shared with unauthorized parties.
3.3 Unauthorized Use
Use of the Software without a valid license key, or with an expired or unauthorized key, is strictly prohibited and constitutes a breach of this Agreement.
3.4 Monthly Usage Reporting
Licensee is required to provide usage statistics on a monthly basis by exporting and submitting the usage report generated by the Software’s built-in “Export Usage Stats” functionality. This report serves as proof of compliance with the terms and conditions of this Agreement. Failure to provide the required report in a timely manner may be considered a material breach of this Agreement.
4. Termination
4.1 Termination by Licensor
This Agreement remains in effect until terminated. Licensor may terminate this Agreement immediately if Licensee violates any of its terms.
4.2 Obligations Upon Termination
Upon termination, Licensee must immediately cease all use of the Software, remove all copies from their systems, and certify destruction of such copies to Licensor.
5. Intellectual Property
5.1 Ownership
The Software and all intellectual property rights therein remain the exclusive property of Licensor. This Agreement does not transfer any ownership rights to the Licensee.
5.2 Unauthorized Use
All unauthorized use or breach of this Agreement constitutes infringement of Licensor’s intellectual property rights.
6. Warranty Disclaimer and Limitation of Liability
Provisions regarding warranties, liabilities, and indemnification will be governed by the specific contractual agreement between the parties and are not addressed within this license.
7. General Provisions
7.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Norway.
7.2 Entire Agreement
Except where a specific contract between the parties exists, this Agreement constitutes the entire agreement between the parties regarding the use of the Software and supersedes all prior agreements or understandings relating to its subject matter.
7.3 Amendments
This Agreement may only be amended in writing signed by both parties.
7.4 Severability
If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect.
By using the Software, you acknowledge that you have read, understood, and agree to the terms of this Commercial Software License Agreement.
