Grant Of License
Reservation Of Rights And Ownership
Limitations On End User Rights
Bitfury Software Updates
Consent To Use Of Data
Limitation Of Liability
Entire Agreement; Severability
Read this information before using your product
Please read this document before operating your equipment or software (for purposes of this document, defined collectively and individually as “Product”) and keep it for future reference. This document contains important terms and conditions with respect to the Product. Retaining or using the Product constitutes acceptance of these terms and conditions and agreement to be bound by them.
Important. Read Carefully:
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Bitfury Group Limited (“Bitfury”, “we”, “us”) for software, whether pre-installed or downloaded, that is owned by Bitfury and/or its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes software, associated media, content, data, printed materials, and electronic documentation in connection with your use of the Bitfury Product, which will be defined below (“Bitfury Software”).
By using any Bitfury Product you accept the terms of this EULA. If you do not accept these terms, do not use the Product and the Bitfury Software.
1. Grant Of License
Bitfury grants you a limited non-exclusive license to install, use, access, display and run one copy of the Bitfury Software on a single Product, local hard disk(s) or other permanent storage media of one computer and you may not make Bitfury Software available over a network where it could be used by multiple computers or Products at the same time.
You may make one copy of the Bitfury Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
Certain items of the Bitfury Software may be subject to open source licenses. The open source license provisions may override some of the terms of this EULA. The list of the licenses we use you can find here: http://www.bitfury.com/licenses
2. Reservation Of Rights And Ownership
Bitfury reserves all rights not expressly granted to you in this EULA. The Bitfury Software is protected by copyright and other intellectual property laws and treaties. Bitfury or its suppliers own the title, copyright and other intellectual property rights in the Bitfury Software.
The Bitfury Software is licensed, not sold.
3. Limitations On End User Rights
You shall not, and shall not enable or permit others to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Bitfury Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Bitfury Software, or create derivative works based on the Bitfury Software.
You may not rent, lease, lend, sublicense or provide commercial hosting services with the Bitfury Software. You may not transfer this EULA or the rights to the Bitfury Software granted herein to any third party unless it is in connection with the sale of the Product which the Bitfury Software accompanied. In such event, the transfer must include all of the Bitfury Software (including all component parts, the media and printed materials, any upgrades, this EULA) and you may not retain any copies of the Bitfury Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Bitfury Software must agree to all the EULA terms.
Where Product is being used by your employee or other person using the Product as part of your undertaking (“Your Staff”), that member of Your Staff is licensed to use the Bitfury Software as if it were you and must comply with these terms on the same basis. Any failure to comply with these terms by Your Staff shall be deemed to a failure to comply with these terms by you.
4. Bitfury Software Updates
Bitfury may make available to you updates, upgrades, supplements and add-on components (if any) of the Bitfury Software, including bug fixes, service upgrades (parts or whole), and updates, the removal of, or enhancements and feature improvements to any Bitfury Software (including entirely new versions), (collectively “Updates”) after the date you obtain your initial copy of the Bitfury Software. This EULA applies to all and any component of the Updates, unless we provide other terms along with such Updates. To use Bitfury Software provided through the Updates, you must first be licensed for the Bitfury Software identified by Bitfury as eligible for the Updates.
Your Product may download certain Updates automatically from time to time through current network connection. You may change the settings in your Product to manually download the Updates, however, given the importance of receiving Updates for security or safety related software in a timely manner, to resolve critical problems reported to Bitfury, and to defend against new threats and vulnerabilities, these Updates may be automatically downloaded and installed which may limit the usage of some software and/or hardware. Where an Update will materially alter the Bitfury Software, Bitfury will provide you with notice of the Update, where practicable. Updates may result in data consumption.
We recommend you check availability of any new Updates periodically for optimal use of your Product.
5. Consent To Use Of Data
To provide Updates, you agree that Bitfury and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as your Product's unique identification number, model name, customer code, current software version. Bitfury may use this information to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
Diagnostic and Usage Data.
6. Internet Access
Some features of the Bitfury Software may require your Product to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. In addition, availability of some features of the Bitfury Software may be affected by the suitability and performance of your network or Internet provider.
7. Export Restrictions
You acknowledge that the Bitfury Software or (and) your Product is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Bitfury Software or (and) your Product, including all the applicable export restriction laws and regulations.
This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Bitfury if you fail to comply with any of the terms and conditions of this EULA.
Upon termination of this EULA, you must cease all use of the Bitfury Software and destroy all copies, full or partial, of the Bitfury Software. Sections 5), 9), 10), 12) and 13) of this EULA shall survive any such termination.
9. Limited Warranty
BITFURY WARRANTS THAT BITFURY’S PRODUCTS ARE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND SERVICE. UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR PRODUCT, ALL BITFURY SOFTWARE PROVIDED BY BITFURY WITH ITS PRODUCT (WHETHER INCLUDED WITH THE PRODUCT, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM BITFURY, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BITFURY DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, IN THIS CASE THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BITFURY OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY BITFURY OF WARRANTY REGARDING BITFURY SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM BITFURY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE BITFURY SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE BITFURY SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. BITFURY DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION, DATA OR CONTENT YOU MAY TRANSFER, STORE OR ACCESS THROUGH USE OF THE BITFURY SOFTWARE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL, AND BITFURY SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. IT IS SOLELY YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE ALTERNATE BACKUP OF YOUR INFORMATION AND DATA.
10. Limitation Of Liability
BITFURY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE BITFURY SOFTWARE, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF BITFURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT YOU WILL USE THE SOFTWARE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR SOME OTHER TYPES OF LOSS, SO IN SUCH CASE THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BITFURY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE BITFURY SOFTWARE OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED 100 USD. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 9) AND 12)) SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. Applicable Law
This EULA shall be governed by and interpreted in accordance with the laws of the Netherlands without reference to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Bitfury may apply for injunctive remedies (or an equivalent form of urgent legal relief) in any jurisdiction.
12. Disputes Resolution
This is a binding legal agreement (“Agreement”) between you (either an individual or entity) and Bitfury. Use of the Product, or retention of the Product constitutes acceptance of this Agreement, regardless of whether you are the original purchaser, user, or other recipient of the Product.
You and Bitfury each agree that, subject to Bitfury’s right to apply for injunctive remedies set forth in Section 11) above, all disputes between you and Bitfury relating in any way to or arising in any way from the Standard Limited Warranty or the sale, condition or performance of the Product shall be resolved through court proceedings in accordance with the set below provisions. Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.
The disputes resolution shall be conducted according to the Dutch law. The Dutch law without reference to its choice of law principles, shall govern the interpretation of the Agreement and all disputes that arise out of this Agreement. The court shall decide all issues of interpretation and application of this Agreement.
This Agreement also applies to claims against Bitfury’s employees, representatives, parents, and other affiliates if any such claim relates to or arises from the EULA, Standard Limited Warranty, or the Product’s sale, condition or performance.
13. Entire Agreement; Severability
This EULA is the entire agreement between you and Bitfury relating to the Bitfury Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Bitfury Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.