Terms and Conditions
END USER LICENSE AGREEMENT
This End User License Agreement (this "Agreement"), is a binding agreement between Soramitsu Helvetia AG, ("SORAMITSU") and the person ("you") that downloads or uses the Fearless Wallet (“Application”) to interact with public blockchain networks (“Platform”).
SORAMITSU provides the Application for the purpose of interacting with the Platform solely on the terms and conditions set forth in this Agreement and on the condition that you accept and comply with these terms. By clicking the "accept" button you accept this Agreement and agree that you are legally bound by its terms; and you warrant that: (i) you are at least 18 years of age and of the legal age and capacity required under applicable laws to enter into a binding agreement; and (ii) if you are acting on behalf of a corporation, governmental organisation or other legal entity, you have the right, power and authority to enter into this Agreement on behalf of such corporation, governmental organisation or other legal entity and bind the corporation, governmental organisation or other legal entity to this Agreement. If you do not agree to the terms of this Agreement, SORAMITSU will not and does not license or grant any right to the Application to you and you must not download or install or use the Application or the Documentation or both.
By using Fearless Wallet or any of our other products or services that link to these Terms (we refer to these simply as the "Services"), you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.
"Platform" means the public blockchain networks named Polkadot, Kusama and Westend that are based on Substrate and enable the exchange of cryptographic assets such as KSM, DOT and WND with other public distributed ledger networks.
"Application" means the mobile application available for iOS and Android where users can (i) create or import crypto key-pairs to operate with Platform; (ii) manage their KSM, DOT and WND balance.
"KSM", "DOT" and "WND" mean the native cryptographic token within the Platform which is intended to be used, now or in the future, as a means of payment for acquiring goods or services or as a means of money or value transfer.
"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
"Open-Source Components" means any software component that is subject to any open-source copyright license agreement, including any Apache or any other known open source license, or other obligation, restriction or license agreement that substantially conforms to the Open Source Definition as prescribed by the Open Source Initiative or otherwise may require disclosure or licensing to any third party of any source code with which such software component is used or compiled.
"Person" means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organisation, trust, association, or other entity.
"Third Party" means any other Person than you or SORAMITSU.
2. License Grant and Scope
Subject to and conditioned upon your strict compliance with all terms and conditions set forth in this Agreement, SORAMITSU hereby grants to you free of charge, a non-exclusive, non-transferable, non-sublicensable, limited license during the term of this Agreement to use the Application and the Documentation, solely as set forth in this Section 2 and subject to all conditions and limitations set forth in 4 or elsewhere in this Agreement. This license grants you the right to:
a) download and install the Application on an iOS or Android mobile device owned or leased, and controlled by, you and to use the Application for the purpose described in Section 1. All copies of the Application or the Documentation or both made by you (i) will be the exclusive property of SORAMITSU; (ii) will be subject to the terms and conditions of this Agreement; and(iii) must include all trademark, copyright, patent, and other Intellectual Property Rights notices contained in the original; and
b) use and run the Application as properly installed (respectively configured) in accordance with this Agreement and the Documentation, solely as set forth in the Documentation. SORAMITSU reserves all rights in the Application and the Documentation not expressly granted to you here.
The Application will be installed on your mobile device for the use set out in Section 1 (definition of the Application). You acknowledge that the Platform is running on a permissioned distributed ledger network that is not operated by SORAMITSU. SORAMITSU has neither control over the Platform or its content and functionalities nor over any personal data that you store on your mobile device via the Application.
3. Open Source Licenses
The Application includes Open-Source Components licensed under Apache License Version 2.0, a copy of which can be found at https://www.apache.org/licenses/LICENSE-2.0 ("Open-Source License"). Any use of the Open-Source Components by you shall be governed by, and be subject to, the terms and conditions of the Open-Source License.
4. Use Restrictions
You shall not directly or indirectly:
a) use (including make any copies of) the Application or the Documentation or both beyond the scope of the license granted under Section 2;
b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application or the Documentation or both or any part thereof;
c) combine the Application or the Documentation or both or any part thereof with, or incorporate the Application or the Documentation or both or any part thereof in, any other programs;
d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Application or the Documentation or both, including any copy thereof;
e) except as expressly set forth in Section 2, copy the Application or the Documentation or both, in whole or in part;
f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or the Documentation or both, or any features or functionality of the Application, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
g) use the Application or the Documentation or both in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including:
i. power generation systems;
ii. aircraft navigation or communication systems, air traffic control systems, or any other transport management systems;
iii. safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and
iv. military or aerospace applications, weapons systems, or environments;
h) interrupt, disrupt, alter, destroy, impair, restrict, tamper with, or otherwise affect the proper operation of the Application in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program;
i) use the Application or the Documentation or both in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner; and
j) use the Application or the Documentation or both for any purpose that is illegal, unlawful, or prohibited by applicable law.
5. Responsibility for Use of the Application and the Documentation
You are responsible and liable for all uses of the Application and the Documentation through access thereto provided by you, directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the Application and the Documentation by any other person to whom you may voluntarily or involuntarily provide access to or use of the Application or the Documentation or both, whether such access or use is permitted by or in violation of this Agreement and whether such access or use is authorised by you or not.
6. Compliance Measures
The Application may contain technological copy protection or other security features designed to prevent unauthorized use of the Application, including features to protect against any use of the Application that is prohibited under Section 4. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
7. Disclaimer of Warranty
To the fullest extent permitted by applicable law (i) the Application and the Documentation are provided on an "as is" and "as available" basis without warranties of any kind, and we expressly disclaim all implied warranties as to the Application and the Documentation including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non- infringement; (ii) we do not warrant that the Application and the Documentation are reliable, current or error-free, meet your requirements, or that defects in the Application or the Documentation or both will be corrected; and (iii) we cannot and do not warrant that the Application and the Documentation are free of viruses or other harmful components.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless SORAMITSU, its affiliates and SORAMITSU's as well as the affiliates' respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "SORAMITSU Parties") from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys' fees) that arise from or relate to: (i) your use of the Application or the Documentation or both; (ii) your responsibilities or obligations under this Agreement; (iii) your violation of this Agreement; or (iv) your violation of any rights of any other person or entity; (v) any dispute between you and any other person; and (vi) any regulatory enforcement actions, which were initiated by your actions or omissions.
To the fullest extent permitted by applicable law, you release SORAMITSU and the other SORAMITSU Parties from responsibility, liability, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users of the Application or the Documentation or both.
10. Limitation of Liability
To the fullest extent permitted by applicable law: in no event will SORAMITSU or any of the SORAMITSU Parties be liable for any direct, indirect, special, incidental, consequential, punitive, enhanced or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages) arising out of or in any way related to the use of the Application or the Documentation or both or otherwise related to the Application or the Documentation or both or this Agreement, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
11. Intellectual Property Rights
You acknowledge and agree that the Application and the Documentation are provided under license, and not sold or donated, to you. You do not acquire any ownership interest in the Application or the Documentation or both under this Agreement or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. SORAMITSU reserves and shall retain its entire right, title, and interest in and to the Application and the Documentation and all Intellectual Property Rights arising out of or relating to the Application and the Documentation, except as expressly granted to you in this Agreement.
Any breach by you of this Agreement will automatically terminate your rights under this Agreement. The provisions of this Agreement which by their sense and context should survive any termination of this Agreement, including without limitation Sections 7, 8, 9, 10, 11, 12 and 13 of this Agreement, shall survive termination of this Agreement and shall remain binding on the parties.
13. Governing Law and Court Venue
This Agreement shall be governed by substantive Swiss law, excluding Swiss conflict of law rules. The United Nations Convention on the International Sale of Goods shall not apply. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the City of Zurich, Switzerland.
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