This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and NUKEVILLE with regard to the copyrighted Software (herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE”) provided with this EULA. The SOFTWARE PRODUCT includes computer software, inclusive of the DotNetNuke skin pack, module and containers, the associated media, any printed materials, and any “online” or electronic documentation. Use of any software and related documentation (“Software”) provided to you by NUKEVILLE in whatever form or media, will constitute your acceptance of these terms. If you do not agree with the terms of this EULA, do not place an order for, download, install, copy or use the Software. By placing an order for, installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. By placing an order for any of our products, you indicate that you have read this EULA and that you agree with and fully accept the terms of this EULA. If you do not agree to the terms of this EULA, NUKEVILLE is unwilling to license the SOFTWARE PRODUCT to you.
1. THE LICENSEE
To qualify as a ‘LICENSEE / END USER’ of this ‘SOFTWARE PRODUCT’ (includes skins, containers, documentation and associated files) you must have purchased either a ‘STANDARD LICENSE’ or an ‘ENTERPRISE LICENSE’ to use this particular ‘SOFTWARE PRODUCT’ at any of these websites below at a fixed or discounted price;
Snowcovered at www.Snowcovered.com.
Nukeville at www.Nukeville.com.
If you are not a qualified licensee you are not allowed to use, modify, resell, distribute, allow download of, copy, keep, store, archive, backup, rent, loan, host, install, unpack, extract, unzip, repackage, transfer, decompile, claim ownership, authorize use of the Software Product in part or in full, modified or unmodified and in any form.
2. LIMITED USAGE GRANTED
NUKEVILLE grants to a qualified LICENSEE a personal, non-transferable, non-sublicenseable, non-assignable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it in accordance with the License terms outlined below. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited.
2a. STANDARD LICENSE
As a qualified Licensee who has purchased the “Standard License” you are allowed to use this Software Product on a single website (DotNetNuke portal), residing under a single domain, or multiple domains provided that each domain points to the same website, that belongs to either you or your client. You must purchase a License for the Software Product again if you wish to use it on another website (DotNetNuke portal). You are also allowed to install this Software Product on up to two non-public, non-production DotNetNuke installations for testing and development.
2b. ENTERPRISE LICENSE
As a qualified Licensee who has purchased the “Enterprise License”, you are allowed to use this Software Product on any number of websites (DotNetNuke portals / installations) belonging to you or your direct customers. You are also allowed to install this Software Product on non-public, non-production, development or staging servers for purposes of testing and development.
3. REDISTRIBUTION NOT ALLOWED
You may not resell (or otherwise allow download of) the SOFTWARE in part or in full, in any form, modified or unmodified.
4. HOSTING AND RENTAL NOT ALLOWED
You may not loan, rent, or lease the SOFTWARE. Distribution / installation of the SOFTWARE by hosting companies / portals / service providers for use by their customers / members / users / visitors / any other entity is considered as a resale or rental and is not permitted under the terms of the STANDARD or ENTERPRISE License. Hosting companies are not allowed to bundle the product with a hosting package or provide the product in part or in full for use by their customers, for free or otherwise. Bulk licensing (assignable, co-branded) is available for hosting providers, please contact for more info.
5. IMAGES
All imagery used in our Software Product is royalty-free and are an integral part of our products. Limited-usage License gives you the right to use images only as a part of the website you build using this Software Product. You can use imagery to develop one project only. Any kind of separate usage or distribution is prohibited.
6. MODIFICATIONS
As a qualified Licensee, you are allowed to make any necessary modification(s) to the Software Product to fit your purposes. Although rights to modification of the Software Product are granted by this EULA, you may not tamper with, alter, or use the software in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. The right to modification of the Software Product also does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the software.
7. UNAUTHORIZED USE
As a Licensee you are only allowed to use the Software Product in accordance with the terms stated in this EULA, any use that is not outlined in this EULA is prohibited. Furthermore as a Licensee or non-Licensee, you may not create or distribute any add-ons, upgrades, updates or any software aimed at modifying, enhancing or removing part of the Software Product. You may also not create or use any software, hardware or device capable of performing any of the unauthorized / prohibited uses of or on the Software Product.
8. COPYRIGHT
The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of NUKEVILLE and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and code, incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by NUKEVILLE or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not claim intellectual or exclusive ownership to the SOFTWARE PRODUCT, in part or in full, modified or unmodified and in any form.
9. DISCLAIMER OF WARRANTY
The Software is provided “AS IS” without warranty of any kind. NUKEVILLE and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither NUKEVILLE nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
10. LIMITATION OF LIABILITY
NUKEVILLE’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall NUKEVILLE or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, or any claim by a third party. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
11. UPGRADES
If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software product which you licensed under the standard, enterprise or any other form of license, the SOFTWARE PRODUCT may be used only as part of that product package and licensing terms and may not be separated for use. The initial license applies to both the original SOFTWARE PRODUCT and the upgrade SOFTWARE PRODUCT combined.
12. REFUND POLICY
Since NUKEVILLE is offering non-tangible irrevocable goods, no refunds are issued once the order is complete and the SOFTWARE PRODUCT has been downloaded, in part or in full. Any requests for a refund will be dealt with on a case-by-case basis and must be submitted within 10 days of placing the order. You are required to provide detailed reasons why you are requesting this refund.
The only exception to the refund rules above is if your ‘helpdesk’ support request at Snowcovered.com is not answered within 48 hours of receiving such a request, provided that Snowcovered.com and the associated helpdesk system has been fully functional during these 48 hours or when you submitted the helpdesk request. The decision to issue a refund is on the sole discretion of NUKEVILLE. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.
Copyright (c) 2004-2012 by Nukeville.com.