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LICENSE.txt
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LICENSE.txt
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The Qwertycoin Team
End User License Agreement for QWCX wallet application and source code.
Please read this End User License Agreement (“EULA”) before you download and use
the QWCX wallet application or clone QWCX wallet source code and use it in your
own products.
By downloading and using the QWCX wallet application and/or source code, you
agree, without reservation to be bound by the terms of this EULA. If you do not
agree with the terms of this EULA, please do not download and use the QWCX
wallet application and/or source code.
If you accept the terms and conditions in this EULA on behalf of a company or
other legal entity, you warrant that you have full legal authority to accept the
terms and conditions in this EULA on behalf of such company or other legal
entity, and to legally bind such company or other legal entity.
You may not accept this EULA if you are not of legal age to form a binding
contract with The Qwertycoin Team.
TERMS AND CONDITIONS
1. Definitions.
"Computer" shall mean a hardware Software which is designed and marketed with
the primary purpose of operating a wide variety of Softwareivity, entertainment,
and other software applications provided by unrelated third party software
vendors, which operates depending upon the use of a full function and full
feature set computer operating system of the type(s) then in widespread use with
hardware to operate general purpose laptop, desktop, server, large format
tablet microprocessor based computers, smartphones and mobile phones.
"Software" means (a) all of the contents of the files (delivered electronically
or on physical media) or other media with which this agreement is provided, which
may include (i) The Qwertycoin Team or third party computer information or
software, including the crypto wallet; (ii) related explanatory written materials
or files ("Documentation"); and (iii) upgrades, modified versions, updates,
additions, and copies of the foregoing, provided to you by The Qwertycoin Team at
any time (collectively, "Updates").
“Open Source Software” means any software that requires as a condition of use,
copying, modification and/or distribution of such software that such software or
other software incorporated into, derived from or distributed with such software
(a) be disclosed or distributed in source code form, and (b) be licensed for the
purpose of making and/or distributing derivative works, and (c) be redistributable
at no charge.
"Intellectual Property Rights" means all rights in, to, or arising out of: (i)
any U.S., international or foreign patent or any Software therefore and any and
all reissues, divisions, continuations, renewals, extensions and
continuations-in-part thereof; (ii) inventions (whether patentable or not in any
country), invention disclosures, improvements, trade secrets, proprietary
information, know-how, technology and technical data; (iii) copyrights, copyright
registrations, mask works, mask works registrations, Softwares, moral rights,
trademarks, and rights of personality, privacy and likeness, whether arising by
operation of law, contract, license or otherwise; and (iv) any other similar or
equivalent proprietary rights anywhere in the world.
“Updates” means any modified versions and updates of, and additions to the QWCX
wallet application (excluding upgrades of the QWCX wallet application).
“Use” means to access, download, install, copy or get benefit from using the
functionality of the QWCX wallet application or source code.
“You” means you, the final and ultimate user of the QWCX wallet application (or
source code) or the authorized representative of a company or other legal entity
that will be the final and ultimate user of the QWCX wallet application or source
code, and the company or other legal entity that will be the final and ultimate
user of the QWCX wallet application or source code, if applicable.
2. Intellectual Property Ownership; Reservation of Rights.
2.1. You agree that the Software and the authorship, systems, ideas, methods of
operation, documentation and other information contained in the Software, are
proprietary intellectual properties and/or the valuable trade secrets of the
The Qwertycoin Team and are protected by civil and criminal law, and by the law of
copyright, trade secret, trademark and patent of the United States, other countries
and international treaties. You may use trademarks only insofar as to identify
printed output produced by the Software in accordance with accepted trademark
practice, including identification of trademark owner's name. Such use of any
trademark does not give you any rights of ownership in that trademark.
2.2. The Qwertycoin Team owns and retains all right, title, and interest in and
to the Software, including without limitations any error corrections, enhancements
or other modifications to the Software, whether made by the The Qwertycoin Team or
any third party, and all copyrights, patents, trade secret rights, trademarks, and
other intellectual property rights therein. Your possession, installation or use of
the Software does not transfer to you any title to the intellectual property in the
Software, and you will not acquire any rights to the Software except as expressly
set forth in this Agreement. All copies of the Software made hereunder must contain
the same proprietary notices that appear on and in the Software. Except as stated
herein, this Agreement does not grant you any intellectual property rights in the
Software and you acknowledge that the License, as further defined herein, granted
under this Agreement only provides you with a right of limited use under the terms
and conditions of this Agreement. The Qwertycoin Team reserves all rights not
expressly granted to you in this Agreement.
2.3. You acknowledge that the source code for the Software is proprietary to the
The Qwertycoin Team. You agree to add a splash screen with The Qwertycoin Team logo
in case you decide to copy, modify, adapt, translate, reverse engineer, decompile,
disassemble or otherwise attempt to reuse the source code of the QWCX wallet
application in your own products in any way.
3. Software License.
3.1. The Qwertycoin Team grants you the non-exclusive and non-transferable license
to store, load, install, execute, and display solely for Personal Use this Software
and solely in connection with the Online Services on any number of computers,
workstations, personal digital assistants, smartphones,mobile phones, hand-held
devices, or other electronic devices for which the software was designed pursuant to
the terms set forth hereto or all other applicable documentation.
3.2. Notices. You shall not alter or remove any copyright or other proprietary
notice that appears on or in the Software.
3.3. You may not rent, lease, sublicense, assign, or transfer your rights in the
Software, or authorize all or any portion of the Software to be copied onto another
user’s Computer except as may be expressly permitted by this agreement. You may,
however, transfer all your rights to Use the Software to another person or legal
entity provided that: (a) you also transfer this agreement, and the Software and
all other software or hardware bundled or pre-installed with the Software, including
all copies, Updates, and prior versions, to such person or entity, (b) you retain no
copies, including backups and copies stored on a Computer, and (c) the receiving
party accepts the terms and conditions of this agreement and any other terms and
conditions upon which you obtained a valid license to the Software. Notwithstanding
the foregoing, you may not transfer education, pre-release, or not for resale copies
of the Software.
5. Prohibited Uses.
- Engage in any act that The Qwertycoin Team deems in its reasonable discretion
to be in conflict with the spirit or intended use of the Softwares and related
service.
- Make improper Use of the Software.
- Use the Software, intentionally or unintentionally, in connection with any
violation of any applicable law or regulation, or do anything that promotes the
violation of any applicable law or regulation.
- Institute, assist or become involved in any type of attack, including without
limitation distribution of a virus, denial of service attacks upon the Software,
or other attempts to disrupt the related service.
- Use, facilitate, create, or maintain any unauthorized connection with the
Software, including without limitation (a) any connection to any unauthorized
server that emulates, or attempts to emulate any part of the Software; or (b)
any connection using programs, tools, or software not expressly approved by
The Qwertycoin Team.
- Bundle the Software in whole or in part with any other Softwares,
applications or extensions without the prior explicit written approval of
The Qwertycoin Team.
- Distribute or otherwise disseminate the Software in whole or in part
apart from its installer application.
6. Third Party Offerings. You acknowledge and agree to the following:
6.1. Third Party Offerings. The Software may allow you to access and
interoperate with third party content, software applications, and data
services, including rich Internet applications ("Third Party Offerings").
Your access to and use of any Third Party Offering, including any goods,
services, or information, is governed by the terms and conditions
respecting such offerings and copyright laws of the United States and
other countries. Third Party Offerings are not owned or provided by
The Qwertycoin Team. You agree that you will not use any of such
Third Party Offerings in violation of copyright laws of the United States
or other countries. The Qwertycoin Team or the third party may at any time,
for any reason, modify or discontinue the availability of any
Third Party Offerings. The Qwertycoin Team does not control, endorse or
accept responsibility for Third Party Offerings. Any dealings between you
and any third party in connection with a Third Party Offerings, including
such party’s privacy policies and use of your personal information, delivery
of and payment for goods and services and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such third party. Third Party Offerings might not be
available in all languages or to residents of all countries and
The Qwertycoin Team or the third party may, at any time and for any reason,
modify or discontinue the availability of any Third Party Offerings.
7. Term and Termination.
7.1. The term of this Agreement ("Term") shall begin when you download or
install the Software (whichever is earlier) and shall continue, unless
otherwise terminated pursuant hereto, in perpetuity or for the term specified
in the License granted hereunder. The Qwertycoin Team may terminate this
Agreement by offering you a superseding Agreement for the Software or any
replacement or modified version of the Software and conditioning your
continued use of the Software or such replacement, modified or upgraded
version or new release on your acceptance of such superseding Agreement.
7.2. This Agreement may also be terminated by The Qwertycoin Team immediately
and without notice if you fail to comply with any of your obligation or
conditions of this Agreement. Without prejudice to any other rights, this
Agreement will terminate automatically if you fail to comply with any of
the limitations or other requirements described herein. Upon any termination or
expiration of this Agreement, you must immediately cease use of the Software and
destroy all copies of the Software.
7.3. No Rights Upon Termination. Upon termination of this Agreement you will no
longer be authorized to Operate or use the Software in any way.
8. Compliance with Law.
8.1. You agree that in Operating the Software and in using any report or
information derived as a result of Operating this Software, you will comply
with all applicable international, national, state, regional and local laws
and regulations, including, without limitation, privacy, copyright, export
control and obscenity law. THE QWERTYCOIN TEAM IS NOT RESPONSIBLE FOR ANY
VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A
THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR
USE OF THE QWERTYCOIN TEAM’S SOFTWARE AND ONLINE SERVICES DOES NOT CONTRAVENE
APPLICABLE LAWS, RULES, OR REGULATIONS.
9. Indemnification.
9.1. You agree to indemnify, defend and hold harmless The Qwertycoin Team
and its respective officers, directors, employees, agents, successors, and
assigns from any and all losses, liabilities, damages and claims, and all
related expenses (including reasonable legal fees and disbursements and costs
of investigation, litigation, settlement, judgment, interest and penalties)
and costs related to, arising from, or in connection with any third-party claim
related to, arising from, or in connection with the actual or alleged:
(i) infringement by Licensee of any third-party intellectual property and/or
proprietary right, including, but not limited to, patent, trademark, copyright,
trade secret, publicity and/or privacy, (ii) personal injury (including death)
or property damage due to the gross negligence or intentional misconduct of
Licensee, and/or (iii) breach by Licensee of any of its representations,
warranties, obligations, and/or covenants set forth herein.
10. NO WARRANTY AND DISCLAIMER.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO
WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU
IN YOUR JURISDICTION, THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY
WHATSOEVER AND THE QWERTYCOIN TEAM MAKES NO PROMISES, REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM,
USAGE OR OTHERWISE, REGARDING OR RELATING TO THE SOFTWARE OR CONTENT THEREIN OR
TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR
OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF,
AND RESULTS OBTAINED FROM THESOFTWARE. THE THE QWERTYCOIN TEAM MAKES NO WARRANTY
THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR
THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE QWERTYCOIN TEAM DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY
QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. YOU HEREBY ACKNOWLEDGE THAT THE
SOFTWARE MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING
WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF
GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR
DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED
OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE,
THE QWERTYCOIN TEAM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING
SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
THE QWERTYCOIN TEAM DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING
ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY
THE QWERTYCOIN TEAM TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
11. LIMITED LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY
DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN
OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY)
WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE QWERTYCOIN TEAM OR A
THIRD PARTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
THE QWERTYCOIN TEAM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE,
HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR
THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
THE QWERTYCOIN TEAM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE
CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY
YOU FOR THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
12. Entire Agreement; Severability; No Waiver.
12.1. You acknowledge that you have read this Agreement, understand it and agree
to be bound by its terms. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable for any reason, in
whole or in part, such provision will be more narrowly construed so that it becomes
legal and enforceable, and the entire Agreement will not fail on account thereof and
the balance of the Agreement will continue in full force and effect to the fullest
extent permitted by law. No waiver of any breach of any provisions of this Agreement
will constitute a waiver of any prior, concurrent or subsequent breach and no waiver
will be effective unless made in writing.
You may also receive a copy of this Agreement by contacting
The Qwertycoin Team at [email protected]