BrilCloud Service: End User License Agreement
1. General:
This is an End User License Agreement ("EULA") between an individual or an entity (as per the context referred to as "you" or "your") and Briltime Corp, governing the use of Briltime Software ("Software"). The term "Software" refers to the software / source code / program received by you, when you use Briltime services (Briltime Service include both BrilCloud Services and BrilNet Services), and does not include any other software / source code / program covered by any other licensing agreement or distributed by any other entity. By clicking "I Agree" at the end of this page or in any way using the Software, implies that you accept to be bound by the terms of this EULA.
2. Grant of License:
Subject to your compliance with the terms and condition of this EULA, Briltime Corp grants you limited, personal, non-sub licensable, non-transferable, non-exclusive license to download, install and use the Software solely for your internal business purposes during the term of this EULA. Briltime Corp shall at all times retain all title to and ownership of the Software and all copies thereof. You agree to use the Software only as set forth in this EULA and the Terms and Conditions for Use (T&C).
3. Description of Rights and Limitations:
i. You shall not remove or alter any copyright notices on any and all copies of the Software.
ii. You shall not separate any individual component of the Software for use other than in connection with Briltime services.
iii. You shall not incorporate any portion of it into your own programs or compile any portion of it in combination with your own software / source code / programs.
iv. You shall not transfer it for use with another service.
v. You shall not distribute registered copies of the Software to third parties.
vi. You shall not reverse engineer, decompile, or disassemble the Software.
vii. You shall not provide, rent, sell, lease, disclose, or otherwise transfer or distribute the Software or any part thereof or use it for the benefit of a third party.
viii. You shall not without the express prior written consent of Briltime Corp , disclose to any third party the results of any benchmarking or comparative study or analysis involving the Software.
ix. You shall not create internet links to the Briltime service or mirror any content on any other server or wireless or internet-based device.
x. You shall comply with all applicable laws regarding the use of the Software.
4. Period of Use and Termination:
You acknowledge and agree that the license period shall be same as the period of use of Briltime Services. You also acknowledge that the Software may include features to prevent use after termination or expiry of the applicable license period
Without prejudice to any other rights, Briltime Corp may terminate this EULA for any reason. In such event, you shall destroy all copies of the Software in your possession, including any back-up copies, and certify that you have undertaken such destruction.
5. Modification:
Briltime Corp reserves the right in its sole discretion, to modify this EULA at any time by posting a notice on its website. The responsibility of reviewing and becoming familiar with any such modifications lies upon you. Use of the Software by you after such notification constitutes your deemed acceptance of the terms and condition of such modified EULA.
6. Intellectual Property:
You acknowledge and agree that Briltime Corp is the owner of all legal right, title and interest in the Software and you agree that all intellectual property rights that exist therein, whether registered or not. You further agree that the Software or any other part thereof contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Software in compliance with this EULA. No portion of the Software may be reproduced in any form or by any means, except as expressly permitted in this EULA.
7. Warranty:
The software is provided "AS IS” and Briltime Corp disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. Briltime Corp makes no warranty or representation that the software will meet your requirements, will work in combination with any hardware or application software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software will be corrected. Also there is no warranty against interference with your enjoyment of the software or against infringement. If you have received any warranties regarding the device or the software, those warranties do not originate from, and are not binding on Briltime Corp.
8. Limitation of Liability:
Briltime Corp shall have no liability for costs, loss, damages or lost opportunity of any type whatsoever, including, but not limited to, lost or anticipated profits, loss of use, loss of data, or any incidental, exemplary, special or consequential damages, whether under contract, tort, warranty or otherwise arising from or in connection with this EULA or the use or performance of the software.
9. Governing Laws:
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to the principles of conflict of law.