BLOCNATION END USER LICENSE AGREEMENT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY INSTALLING AND USING THE BLOCNATION APPLICATION SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE AND IMMEDIATELY UNINSTALL THE BLOCNATION APPLICATION SOFTWARE.
This Agreement sets forth the terms and conditions of your use of the accompanying Blocnation software application (the “Software”). For the purposes of this Agreement, “you” or “Licensee” means you, the end user, and “Licensor” means Divine Token Limited, and its subsidiaries and affiliates.
I. LICENSE GRANT
Licensor hereby grants to you a non-exclusive and non-transferable license to use the Software and related documentation (“Documentation”) according to the provisions contained herein and subject to payment of applicable license fees. You are not permitted to lease, rent, distribute or sublicense the Software or any rights therein. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Software and Documentation.
You may reproduce and provide one (1) copy of the Software and Documentation for each device, computer or workstation on which the Software is installed. Otherwise, the Software and Documentation may be copied only as essential for backup or archive purposes. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software and Documentation on any copies that you make.
II. NO ASSIGNMENT; NO TRANSFER
You agree not to transfer or assign the Software and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the Software and/or this Agreement, then you must at the same time either transfer any copies of the Software and Documentation to the same party or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or rights under this Agreement.
III. NO MODIFICATION; NO REVERSE ENGINEERING
You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or assist someone in performing such prohibited acts.
IV. USE/IMPORT/EXPORT RESTRICTIONS
You agree not to use, import or export the Software or any Documentation (or any copies thereof) or any products utilising the Software or any Documentation in violation of any applicable laws or regulations of the country to which you have imported or exported. Specifically, the Software shall not be used by you if you are (i) a citizen, resident (tax or otherwise) or green card holder (as the case may be) of the People’s Republic of China, Singapore, Canada, or the United States of America; or (ii) a citizen, resident (tax or otherwise) or a person located or domiciled in any geographic area or country in which your use of the Software may be prohibited or restricted by the applicable laws (including, without limitation, any laws relating to anti-money laundering and combating the financing of terrorism).You agree to indemnify Licensor from liability if you violate any such laws or regulations.
V. TITLE
You agree that Licensor owns and holds title to the Software and any Documentation and all subsequent copies thereof regardless of the form or media. Furthermore, title, ownership rights, and intellectual property rights in the Software and any Documentation shall remain with Licensor. The Software and any Documentation are protected by copyright and other intellectual property laws and by international treaties.
VI. TERM AND TERMINATION
This license will commence with your purchase and/or downloading the Software; the license to use this Software will continue indefinitely except as terminate pursuant to this Agreement. You may terminate this license at any time by destroying the Software and any Documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Software and Documentation, together with all copies thereof. Licensor may terminate this Agreement upon reasonable notice to you.
VII. GOVERNING LAW
The laws of the British Virgin Islands shall govern the construction of this Agreement.
VIII. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT OR FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY, AND SUITABILITY OF THE SOFTWARE AND LICENSOR SHALL HAVE NO LIABILITY THEREFOR. THERE IS NO WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANOTHER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO LICENSEE. Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of the consumer, and, as such, some portion of the above limitation may not apply to Licensee. In such jurisdictions, Licensor’s liability is limited to the greatest extent permitted by law.
IX. LIMITATION OF REMEDIES
Under no circumstances and under no legal theory shall Licensor, or its suppliers or resellers, be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, lost profits, business interruptions, work stoppage or commercial damages or losses arising from the use or inability to use the Software (whether or not due to any defects therein).
X. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Licensor, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys’ fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Software.
XI. SEVERABILITY
In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
XII. ENTIRE AGREEMENT
You further agree that this Agreement is the complete and exclusive statement of the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Licensor relating to the subject matter of this agreement. This Agreement may only be modified by a written agreement signed by both you and Licensor.
XIII. ACKNOWLEDGEMENT
By using any part of this Software, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
