-
Notifications
You must be signed in to change notification settings - Fork 8
/
desktop-eula.html
519 lines (509 loc) · 28 KB
/
desktop-eula.html
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
<!doctype html>
<html lang="en">
<head>
<meta charset="utf-8">
<title>Nano Wallet Desktop Application End User License Agreement</title>
<meta name="Nano Wallet Company LLC" content="iOS EULA">
<style type="text/css">
body {
font-family: 'Noto Sans', 'Helvetica Neue', Helvetica, sans-serif;
padding: 48px;
font-size: 18px;
line-height: 26px;
max-width: 1024px;
margin: 0 auto;
}
</style>
</head>
<body>
<p align="center">
<strong>Nano Wallet Application End User License Agreement </strong>
</p>
<p>
This Nano Wallet Application End User License Agreement ("<strong>Agreement</strong>") is a binding agreement between you ("<strong>End User</strong>," "<strong>you</strong>" or "<strong>your</strong>") and <strong>Nano Wallet Company LLC </strong>("<strong>Nano Wallet Company</strong>",<strong> </strong>" <strong>we</strong>", <strong>"our</strong>" or "<strong>us</strong>").
This Agreement governs your use on your device of the compiled, executable <strong>Nano Wallet </strong>application released by us, and all related documentation (collectively, the "<strong>Application</strong>").
</p>
<p>
The Application is licensed (not sold) to you, pursuant to and subject to
your compliance with the terms and conditions of this Agreement.
</p>
<p>
BY CHECKING THE BOX NEXT TO "<strong>END USER LICENSE AGREEMENT</strong>"
WHERE PROMPTED IN THE APPLICATION AND THEN TAPPING THE "<strong>Agree</strong>" BUTTON, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT OR OVER THE AGE OF
MAJORITY IN THE JURISDICTION(S) IN WHICH YOU RESIDE AND IN WHICH YOU ARE
USING THIS APPLICATION AND OTHERWISE HAVE THE COMPENTENCY AND CAPACITY TO
VALIDLY ENTER INTO THIS AGREEMENT IN A BINDING MANNER; AND (C) ACCEPT THIS
AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ANY TERM OR CONDITION OF THIS AGREEMENT, THEN YOU DO
NOT HAVE ANY RIGHT OR LICENSE TO USE THE APPLICATION AND ACCORDINGLY YOU
MUST NOT USE THE APPLICATION AND MUST DELETE IT FROM YOUR DEVICE.
</p>
<p align="center">
<strong><u>DISCLAIMER: PLEASE READ THIS FIRST</u></strong>
</p>
<p>
THE APPLICATION IS OWNED, OPERATED AND RELEASED BY NANO WALLET COMPANY
ONLY. NANO WALLET COMPANY IS INDEPENDENT OF, AND OPERATES SEPARATELY FROM,
THE ENTITIES INVOLVED IN DEVELOPING, OPERATING, MAINTAINING OR SUPPORTING
THE NANO PROTOCOL, THE NANO BLOCK LATTICE NETWORK, THE NANO CURRENCY OR ANY
SOFTWARE WALLET THAT IS NOT RELEASED BY NANO WALLET COMPANY (COLLECTIVELY,
"<strong>SEPARATE TECHNOLOGIES</strong>"). FOR THE AVOIDANCE OF DOUBT, NANO
WALLET COMPANY DOES NOT OWN, DEVELOP, OPERATE, MAINTAIN OR SUPPORT ANY OF
THE SEPARATE TECHNOLOGIES.
</p>
<p>
NANO WALLET COMPANY IS NOT A BANK, CUSTODIAN OR OTHER FINANCIAL COMPANY AND
DOES NOT PROVIDE BANKING, CUSTODIAL OR OTHER FINANCIAL SERVICES. THE
APPLICATION IS NOT A BANKING, CUSTODIAL OR OTHER SERVICE. YOUR USE OF THE
APPLICATION AND YOUR CREATION AND ACCESSING OF A WALLET ON THE NANO BLOCK
LATTICE NETWORK (A "<strong>WALLET</strong>") USING THE APPLICATION DOES
NOT INVOLVE THE OPENING, ESTABLISHING OR MANAGING OF AN "ACCOUNT" WITH NANO
WALLET COMPANY; INSTEAD, YOU ARE SIMPLY USING THE APPLICATION TO INTERACT WITH THE NANO BLOCK LATTICE NETWORK AND YOUR WALLET/ACCOUNTS ON
THE NANO BLOCK LATTICE NETWORK.
</p>
<p>
A "<strong>WALLET SEED</strong>" IS A UNIQUE CODE THAT IS PROVIDED TO YOU
BY THE APPLICATION, THROUGH ITS DIRECT INTERACTION WITH THE NANO BLOCK
LATTICE NETWORK (I.E., WITHOUT OUR INVOLVEMENT) WHEN YOU FIRST CREATE A NEW
WALLET USING THE APPLICATION. YOUR WALLET SEED IS THE ONLY WAY FOR YOU TO
RECOVER YOUR WALLET ON THE NANO BLOCK LATTICE NETWORK AND ACCESS ANY NANO
CURRENCY YOU STORE IN THAT WALLET.
</p>
<p>
WE DO NOT RECEIVE, COLLECT, RECORD, STORE OR HAVE ACCESS TO YOUR WALLET
SEED. THEREFORE, WE CANNOT RECOVER IT FOR YOU IF YOU LOSE IT AND WE CANNOT
PROVIDE YOU WITH ACCESS TO ANY NANO CURRENCY THAT YOU STORE IN YOUR WALLET.
YOU ARE SOLELY RESPONSIBLE FOR RECORDING YOUR WALLET SEED IN A SAFE AND
SECURE PLACE AND MANNER. DO NOT SHARE YOUR WALLET SEED WITH ANYONE, OR
PERMIT ANYONE TO USE YOUR MOBILE DEVICE ON WHICH THE APPLICATION IS
INSTALLED WHO YOU DO NOT WANT TO BE ABLE TO ACCESS YOUR WALLET OR YOUR NANO
CURRENCY.
</p>
<p>
ANY NANO CURRENCY THAT YOU CHOOSE TO ACCESS, HOLD, STORE, MANAGE, RECEIVE,
SEND OR TRANSMIT USING THE APPLICATION, AND ANY BALANCE AND TRANSACTION
INFORMATION RELATING TO IT, ARE NEVER ACCESSED, HELD, STORED, MANAGED,
RECEIVED, SENT OR TRANSMITTED BY NANO WALLET COMPANY.
</p>
<p>
YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR DEVICE, YOUR NANO
CURRENCY, YOUR WALLET SEED AND ANY PRIVATE KEYS. NANO WALLET COMPANY IS NOT
AND WILL NOT BE RESPONSIBLE IN ANY MANNER FOR THE SECURITY OR PROTECTION OF
YOUR NANO CURRENCY, WALLET SEED OR ANY PRIVATE KEYS.
</p>
<p>
YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK AND NANO WALLET COMPANY
DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE
SECURITY, COMPATIBILITY, SUITABILITY OR RELIABILITY OF THE APPLICATION OR
ANY NANO CURRENCY THAT YOU ACCESS, HOLD, STORE, MANAGE, RECEIVE, SEND OR
TRANSMIT USING THE APPLICATION.
</p>
<p>
1. <u>License Grant</u>. Subject to the terms and conditions of this
Agreement and your compliance with this Agreement, Nano Wallet Company
grants you a limited, revocable, non-exclusive, non-sublicensable and
non-transferable license during the Term (as defined in Section 7(a)) to
download, install and use the Application on a single device ("<strong>Device</strong>") for your personal, non-commercial use only,
strictly in accordance with the terms and conditions of this Agreement (the
"<strong>License</strong>").
</p>
<p>
2. <u>License Restrictions</u>. You shall not:
</p>
<p>
(a) copy, modify, translate, adapt or otherwise create derivative works or
improvements, whether or not patentable, of the Application;
</p>
<p>
(b) remove, delete, alter or obscure any trademarks or any copyright,
trademark, patent or other intellectual property or proprietary rights
notices from the Application, including any copy thereof;
</p>
<p>
(c) rent, lease, lend, sell, sublicense, assign, distribute, publish,
transfer or otherwise make available the Application, or any features or
functionality of the Application, to any third party for any reason,
including by making the Application available on a network where it is
capable of being accessed by more than one device at any time;
</p>
<p>
(d) remove, disable, circumvent or otherwise create or implement any
workaround to any copy protection, rights management or security features
in or protecting the Application; or
</p>
<p>
(e) use the Application in, or in association with any illegal activities,
including, without limitation, money laundering or terrorist financing.
</p>
<p>
3. <u>Reservation of Rights</u>. You acknowledge and agree that the
Application is provided under license, and not sold, to you. You do not
acquire any ownership interest in the Application or any other rights
thereto under this Agreement other than to use the Application in
accordance with and subject to the terms of the License and all other
terms, conditions and restrictions under this Agreement. Nano Wallet
Company owns and shall retain all right, title and interest in and to the
Application, including all copyrights, trademarks and other intellectual
property rights therein or relating thereto, except as expressly granted to
you in the License.
</p>
<p>
4. <u>Collection and Use of Your Information</u>. You acknowledge that when
you download, install or use the Application, Nano Wallet Company may use
automatic means to collect information about your Device and about your use
of the Application. All information we collect through or in connection
with this Application is subject to our Nano Wallet Application Privacy
Policy, as may be updated by us from time to time (the "<strong>Privacy Policy</strong>"), which is available at
<a href="https://nanowalletcompany.com/desktop-privacy-policy">
https://nanowalletcompany.com/desktop-privacy-policy
</a>
or in the "Settings" panel of the Application. By downloading, installing,
using or providing information to or through this Application, you consent
to all actions taken by us with respect to your information in compliance
with the Privacy Policy.
</p>
<p>
5. <u>Updates</u>. Nano Wallet Company may from time to time in its sole
discretion develop and provide Application updates, which may include
upgrades, bug fixes, patches, other error corrections and/or new features
(collectively, including related documentation, "<strong>Updates</strong>
"). Updates may also modify or delete in their entirety certain features
and functionality. You agree that Nano Wallet Company has no obligation to
provide any Updates or to continue to provide or enable any particular
features or functionality. Based on your Device settings, when your Device
is connected to the internet either:
</p>
<p>
(a) the Application will automatically download and install all available
Updates; or
</p>
<p>
(b) you may receive notice of or be prompted to download and install
available Updates.
</p>
<p>
You shall promptly download and install any and all Updates and acknowledge
and agree that the Application or portions thereof may not properly operate
should you fail to do so. You further agree that all Updates will be deemed
part of the Application and be subject to all terms and conditions of this
Agreement.
</p>
<p>
6. <u>Third-Party Materials</u>. While the application does not currently
include Third-Party Materials (as defined below), the application may, in
the future, display, include or make available third-party content
(including data, information, applications, and other products, services
and/or materials) or provide links to third-party websites or services,
including through third-party advertising ("<strong>Third-Party Materials</strong>"). You acknowledge and agree that
Nano Wallet Company is not responsible for Third-Party Materials, including
their accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect thereof. Nano Wallet Company
does not assume and will not have any liability or responsibility to you or
any other person or entity for any Third-Party Materials. Third-Party
Materials and links thereto are provided solely as a convenience to you,
and you access and use them entirely at your own risk and subject to such
third parties’ terms and conditions. You will not use the Third-Party
Materials in any manner that is inconsistent with the terms of this
Agreement or that infringes the intellectual property rights of any third
party. You agree not to use the Third-Party Materials to harass, abuse,
stalk, threaten or defame any person or entity, and that Nano Wallet
Company is not responsible for any such use. Third-Party Materials may not
be available in all languages or in your Home Country, and may not be
appropriate or available for use in any particular location. To the extent
you choose to use such Third-Party Materials, you are solely responsible
for compliance with any applicable laws. Nano Wallet Company reserves the
right to change, suspend, remove, disable or impose access restrictions or
limits on any Third-Party Materials at any time without notice or liability
to you.
</p>
<p>
7. <u>Term and Termination</u>.
</p>
<p>
(a) The term of this Agreement commences when you acknowledge your
acceptance of this Agreement by checking the box next to "End User License
Agreement" where prompted in the Application and then tapping the "Agree"
button and will continue in effect until the date on which this Agreement
is terminated as follows (the "<strong>Term</strong>"):
</p>
<p>
(i) You may terminate this Agreement by deleting the Application and all
copies thereof from your Device;
</p>
<p>
(ii) Nano Wallet Company may terminate this Agreement at any time without
notice if it ceases to support the Application, which Nano Wallet Company
may do in its sole discretion;
</p>
<p>
(iii) This Agreement will terminate immediately and automatically without
any notice if you violate any of the terms or conditions of this Agreement;
and
</p>
<p>
(iv) This Agreement may terminate automatically pursuant to the last
sentence of Section 22.
</p>
<p>
(b) Upon any termination of this Agreement:
</p>
<p>
(i) The License and all other rights granted to you under this Agreement
will also terminate; and
</p>
<p>
(i) You must immediately cease all use of the Application and delete all
copies of the Application from your Device.
</p>
<p>
(c) Termination of this Agreement for any reason will not limit any of Nano
Wallet Company’s rights or remedies under this Agreement, at law or in
equity.
</p>
<p>
(d) Notwithstanding anything to the contrary in this Agreement, the
"DISCLAIMER: PLEASE READ THIS FIRST" section of this Agreement, as well as
Sections 7, 9-13 (inclusive) and 15-22 will survive any termination of this
Agreement and continue in full force and effect in perpetuity (or for the
maximum duration permitted by applicable law, if shorter).
</p>
<p>
8. <u>Disclaimer of Representations and Warranties</u>. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE
RISK. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND
DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, NANO WALLET COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS
AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES (AS DEFINED IN
SECTION 10), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION
TO THE FOREGOING, NANO WALLET COMPANY PROVIDES NO WARRANTY OR UNDERTAKING,
AND MAKES NO REPRESENTATION OF ANY KIND THAT (A) THE APPLICATION WILL (I)
MEET YOUR REQUIREMENTS, (II) ACHIEVE ANY INTENDED RESULTS, (III) BE
COMPATIBLE (INCLUDING, WITHOUT LIMITATION, WITH THE NANO BLOCK LATTICE
NETWORK), (IV) BE SECURE, (INCLUDING, WITHOUT LIMITATION, PREVENT
UNAUTHORIZED ACCESS TO YOUR NANO CURRENCY OR WALLET SEED, OR SECURELY KEEP
OR TRANSFER NANO CURRENCY), (V) WORK WITH ANY OTHER SOFTWARE, APPLICATIONS,
SYSTEMS OR SERVICES, (VI) OPERATE WITHOUT INTERRUPTION, (VII) MEET ANY
PERFORMANCE OR RELIABILITY STANDARDS, OR (VIII) BE ERROR-FREE, FREE OF
VULNERABILITIES OR FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR (B) ANY
ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
</p>
<p>
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR EXCLUSIONS OF
IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET
FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU TO THE EXTENT THE LAWS OF
THOSE JURISDICTIONS APPLY AND DO NOT ALLOW SUCH DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS; PROVIDED, HOWEVER, THAT, FOR THE AVOIDANCE OF DOUBT, THE
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT SHALL APPLY TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
</p>
<p>
9. <u>Limitation of Liability</u>. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL NANO WALLET COMPANY OR ITS AFFILIATES,
SUCCESSORS OR ASSIGNS, OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS,
SHAREHOLDERS, OWNERS, DIRECTORS, MANAGERS, BOARD MEMBERS, OFFICERS,
EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS AND SERVICE PROVIDERS
(COLLECTIVELY, "<strong>REPRESENTATIVES</strong>"), HAVE ANY LIABILITY
ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION
OR ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, INCLUDING,
WITHOUT LIMITATION, FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS,
COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OR INACCESSIBILITY
OF ASSETS (INCLUDING, WITHOUT LIMITATION, NANO CURRENCY), LOSS OF GOODWILL,
BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER
DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE
DAMAGES.
</p>
<p>
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF
BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR
OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NANO
WALLET COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL
OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT
THE LAWS OF THOSE JURISDICTIONS APPLY AND DO NOT ALLOW SUCH LIMITATIONS OF
LIABILITY; PROVIDED, HOWEVER, THAT, FOR THE AVOIDANCE OF DOUBT, THE
LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
</p>
<p>
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 10 REFLECTS A REASONABLE
ALLOCATION OF RISK AND THAT YOU AND WE WOULD NOT HAVE MADE THE APPLICATION
AVAILABLE TO YOU OR ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS
OF LIABILITY.
</p>
<p>
10. <u>Waiver of unrelated claims</u>.
</p>
<p>
(a) YOU ACKNOWLEDGE THAT THE APPLICATION IS OWNED, OPERATED AND RELEASED BY
NANO WALLET COMPANY ONLY AND THAT NANO WALLET COMPANY IS INDEPENDENT OF,
AND OPERATES SEPARATELY FROM, THE ENTITIES INVOLVED IN DEVELOPING,
OPERATING, MAINTAINING OR SUPPORTING THE NANO BLOCK LATTICE NETWORK (OR ANY
BLOCKCHAIN ON THE NANO BLOCK LATTICE NETWORK), THE NANO CURRENCY OR ANY
SOFTWARE WALLET THAT IS NOT RELEASED BY NANO WALLET COMPANY (EACH SUCH
ENTITY, A "<strong>SEPARATE ENTITY</strong>").
</p>
<p>
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY
IRREVOCABLY (I) WAIVE ANY AND ALL CLAIMS AND EQUITABLE, LEGAL AND OTHER
REMEDIES (WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE), A STATUTE OR OTHERWISE) THAT YOU MAY HAVE AGAINST
EACH SEPARATE ENTITY, ANY OF ITS AFFILIATES, SUCCESSORS OR ASSIGNS, OR ANY
OF THE REPRESENTATIVES OF ANY OF THE FOREGOING, RELATING TO THE
APPLICATION, AND YOU AGREE NOT TO BRING ANY CLAIM OR SEEK ANY REMEDY
AGAINST ANY OF THE FOREGOING RELATING TO THE APPLICATION, AND (II) WAIVE
ANY AND ALL CLAIMS AND EQUITABLE, LEGAL AND OTHER REMEDIES (WHETHER ARISING
OUT OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), A
STATUTE OR OTHERWISE) THAT YOU MAY HAVE AGAINST US, OUR AFFILIATES,
SUCCESSORS OR ASSIGNS, OR ANY OF THE REPRESENTATIVES OF ANY OF THE
FOREGOING WITH RESPECT TO THE NANO BLOCK LATTICE NETWORK, NANO CURRENCY OR
ANY SOFTWARE WALLET THAT IS NOT RELEASED BY NANO WALLET COMPANY, AND YOU
AGREE NOT TO BRING ANY CLAIM OR SEEK ANY REMEDY AGAINST US, OUR AFFILIATES,
SUCCESSORS OR ASSIGNS, OR ANY OF THE REPRESENTATIVES OF ANY OF THE
FOREGOING WITH RESPECT THERETO. EACH OF THE INDIVIDUALS AND ENTITIES
REFERENCED IN THIS SECTION 11(b) SHALL BE AN INTENDED THIRD-PARTY
BENEFICIARY OF THIS AGREEMENT WITH A RIGHT TO DIRECTLY ENFORCE THIS SECTION
11(b) AGAINST YOU.
</p>
<p>
11. <u>Indemnification</u>. You agree to indemnify, defend and hold
harmless Nano Wallet Company and its affiliates, successors and assigns,
and the Representatives of each of the foregoing (each, an "<strong>Indemnified Party</strong>"), from and against any and all losses,
damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs or expenses of
whatever kind, including, without limitation, attorneys’ fees, arising from
or relating to your use or misuse of the Application, any Wallet, the Nano
block lattice network, any Nano currency or your breach of this Agreement.
We reserve the right, at our own expense, to assume the exclusive defense
and control of any claim or action subject to indemnification by you, which
will not excuse your indemnity obligations hereunder. You shall not enter
into any settlement agreement in connection with a claim or action which
affects the rights of any of the Indemnified Parties or requires the taking
of any action by any of them, without their prior written approval.
</p>
<p>
12. <u>Export Regulation</u>. You may not use or otherwise export or
re-export the Application except as authorized by United States law and the
laws of the jurisdiction in which the Application was obtained. In
particular, but without limitation, the Application may not be (a) exported
or re-exported into any U.S. embargoed countries or (b) used by anyone on
the U.S. Treasury Department's Specially Designated Nationals List or the
U.S. Department of Commerce Denied Persons List or Entity List. By using
the Application, you represent and warrant that you are not located in any
such country or on any such list. You also agree that you will not use the
Application for any purposes prohibited by United States law, including,
without limitation, the development, design, manufacture or production of
nuclear, missile or chemical or biological weapons. You shall comply with
all applicable federal laws, regulations and rules, and complete all
required undertakings (including obtaining any necessary export license or
other governmental approval), prior to exporting, re-exporting, releasing
or otherwise making the Application available outside the US.
</p>
<p>
13. <u>Commercial Items for U.S. Government End Users</u>. The Application
and related documentation are "Commercial Items", as that term is defined
at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable,
the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users, if
applicable, (a) only as Commercial Items and (b) with only those rights as
are granted to all other end users pursuant to the terms and conditions
herein. For the avoidance of doubt, all right, title and interest in and to
unpublished works created by us are reserved to us.
</p>
<p>
14. <u>Severability</u>. If any provision of this Agreement is illegal or
unenforceable under applicable law, the remainder of the provision will be
amended to achieve as closely as possible the effect of the original
provision and all other provisions of this Agreement will continue in full
force and effect.
</p>
<p>
15. <u>Governing Law</u>. This Agreement is governed by and shall be
construed in accordance with the internal laws of the State of New York
without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of or related to this
Agreement or the Application shall be instituted exclusively in the federal
courts of the United States or the courts of the State of New York in each
case located in the County of New York. You waive any and all objections to
the exercise of jurisdiction over you by such courts and to venue in such
courts. Specifically excluded from application to this Agreement is that
law known as the United Nations Convention on the International Sale of
Goods.
</p>
<p>
16. <u>Limitation of Time to File Claims</u>. ANY CAUSE OF ACTION OR CLAIM
YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
APPLICATION (TO THE EXTENT YOU HAVE NOT WAIVED SUCH CAUSE OF ACTION OR
CLAIM AS SET FORTH IN THIS AGREEMENT) MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM
IS PERMANENTLY BARRED.
</p>
<p>
17. <u>Waiver of Jury Trial</u>. EACH PARTY TO THIS AGREEMENT AGREES THAT
THE COMPLEXITY OF THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, WITHOUT
LIMITATION, THE TECHNICAL NATURE OF THE APPLICATION AND THE MANNER IN WHICH
IT OPERATES) MAKES A JURY DETERMINATION NEITHER DESIRABLE NOR APPROPRIATE.
ACCORDINGLY, EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A
TRIAL BY JURY IN ANY COURT OR LEGAL PROCEEDING DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTRACTUAL, TORTIOUS OR
STATUTORY CLAIM, COUNTERCLAIM OR CROSS-CLAIM AGAINST THE OTHER ARISING OUT
OF OR CONNECTED IN ANY WAY TO THIS AGREEMENT.
</p>
<p>
18. <u>Entire Agreement</u>. This Agreement (which, for the avoidance of
doubt, includes the "DISCLAIMERS: PLEASE READ THIS FIRST" section above)
and the Privacy Policy together constitute the entire agreement between you
and Nano Wallet Company with respect to the Application and supersede all
prior or contemporaneous understandings and agreements, whether written or
oral, with respect to the Application.
</p>
<p>
19. <u>Waiver</u>. No failure to exercise, and no delay in exercising, on
the part of either party to this Agreement, any right or any power
hereunder shall operate as a waiver of such right or power, nor shall any
single or partial exercise of any right or power hereunder preclude further
exercise of that or any other right hereunder.
</p>
<p>
20. <u>General Contact Information</u>. If you have any questions,
complaints or claims relating to this Agreement or the Application, you may
contact Nano Wallet Company via email at <a href="mailto:[email protected]">[email protected]</a> or via
mail to Nano Wallet Company LLC, 1209 Orange Street, Wilmington, DE 19801.
</p>
<p>
21. <u>This Agreement May Change From Time to Time</u>. Nano Wallet Company
reserves the right to, in its sole discretion, amend, modify, alter or
otherwise update (each of the foregoing, "<strong>Amend</strong>") this
Agreement at any time. When Nano Wallet Company does so, Nano Wallet
Company will make the Amended Agreement available in the "Settings" panel
of the Application and at <a href="https://nanowalletcompany.com/desktop_eula">https://nanowalletcompany.com/desktop_eula</a>. Such
Amendments will be applicable to you and your use of the Application upon
any further use by you of the Application after the Amended Agreement has
been made available to you as described above. Your use of the Application
following any such Amendment will constitute your agreement to comply with
and be bound by the Amendments. For this reason, we encourage you to review
this Agreement through the Application whenever you use the Application. We
may also, but will not be required to, attempt to inform you about
Amendments to this Agreement by additional means, such as by informing you
through an alert on the Application. The date on which this Agreement was
last Amended is set forth at the end of this Agreement. If you do not agree
to any Amendment to this Agreement, then this Agreement (and your License)
between you and Nano Wallet Company shall automatically terminate effective
as of the date on which such Amendment became effective and Section 7(b)
shall apply as of such date.
</p>
<p>
<strong>Effective Date: June 25, 2018</strong>
</p>
</body>
</html>