BlockMint Technologies Inc.
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Last updated: April 30, 2021
PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA” OR “AGREEMENT”) CAREFULLY BEFORE USING THE BETA VERSION OF THE MINTER WEB BROWSER, VERSION 0.4.0, (REFERRED TO HEREIN AS “MINTER”). THIS AGREEMENT SETS FORTH THE LEGALLY-BINDING TERMS AND CONDITIONS FOR YOUR USE OF MINTER AND ALL RELATED SERVICES DURING THE BETA TEST PERIOD, INCLUDING WITHOUT LIMITATION ANY FEATURES, CONTENT, WEBSITES (INCLUDING BLOCKMINT.AI AND GETMINTER.COM) OR EXTENSIONS AND PLUG-INS OFFERED FROM TIME TO TIME BY BLOCKMINT TECHNOLOGIES INC. AND ITS U.S. SUBSIDIARY BLOCKMINT (USA) TECHNOLOGIES INC. (COLLECTIVELY “BLOCKMINT”, “WE”, “US”, “OUR”) IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE”). BY USING MINTER OR THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Minter is Licensed, Not Sold or Given Away
Minter and the Service are licensed, not sold or given to you. You may use them only under the terms of this Agreement, and your use of Minter or the Service indicates your acceptance of these terms. If you do not agree to these terms, then do not use Minter or the Service.
BlockMint may, in its sole discretion, refuse to offer Minter or the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access Minter or the Service is not offered to users in such jurisdictions. THE BETA-TEST VERSION OF MINTER WILL ONLY BE AVAILABLE TO RESIDENTS IN THE UNITED STATES OR CANADA. BY ACCEPTANCE OF THIS EULA AND USE OF MINTER, YOU ARE CONFIRMING THAT YOU RESIDE IN THE COUNTRY OF THE UNITED STATES OR CANADA.
Modification and Termination of Service
BlockMint reserves the right to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue the Service (including the availability of any feature) at any time by posting a notice on the BlockMint websites or in the Minter browser or by sending you an email. BlockMint may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You must check the EULA periodically to ensure that your continued use of the Service is permitted under the then-active terms. Continuing to use the Service after we post any changes constitutes your acceptance of those changes.
Minter (Beta) Browser License
Minter is an executable computer program, which is offered for your use according to the terms set forth herein. Source code for parts of the Minter browser may be available under one or more open source licenses. BlockMint complies with its open source obligations by making source code publicly available via https://github.com/blockmint/minter within a reasonable amount of time after the production code is ready. No portion of this Agreement attempts to limit rights you may have under applicable open source licenses, and any construction that would limit such rights is disclaimed.
Subject to the terms hereof, BlockMint grants you a personal, non-exclusive license to install and use the executable code version of the Minter browser. BlockMint and its licensors shall retain all intellectual property rights in the Minter browser (and Service), except for the rights expressly granted in this Agreement or through an applicable open source license.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by this Agreement. For purposes of this EULA, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. You may not use the Service for any purpose (including uploading, reposting or distributing any Content) that would: constitute a violation of any applicable law, rule or regulation; infringe any intellectual property or other right of any other person or entity; threaten, harass, defraud or defame another; distribute software viruses or any other similar computer codes, files or programs or impair the function of electronic infrastructure of any third party.
Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Minter’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Minter may use to prevent or restrict access to the Service (or parts thereof).
Trademarks & Patents
All Minter logos, marks and designations are trademarks or registered trademarks of BlockMint. All other trademarks used in Minter are the property of their respective owners. The trademarks and logos displayed in Minter may not be used without the prior written consent of BlockMint or their respective owners. Portions, features and/or functionality of BlockMint’s products may be protected under BlockMint’s patent applications or patents.
You may not remove or alter any trademark, or logo (collectively, “Marks”), copyright or other proprietary notice on the Minter browser. This license does not grant you any right to use any Marks of BlockMint or its licensors. If you breach this Agreement, the above license and your right to use the Minter browser will terminate immediately and without notice. Upon termination, you must destroy all copies of the Minter browser that are in your custody or control.
Although you may examine and alter open-source portions of Minter, you may not reverse-engineer Minter, alter its interaction with BlockMint’s infrastructure, or attempt to access or utilize BlockMint’s infrastructure without the safeguards built into Minter. The beta version of Minter will cease functioning at the conclusion of the beta-test period, and the infrastructure supporting the test may be shut down or closed.
BlockMint may terminate your access to all or any part of Minter or the Service at any time if you fail to comply with the terms of this Agreement, which may result in the forfeiture and destruction of any information associated with your account (including without limitation any earned carbon offsets associated with your carbon dioxide equivalent(CO2e) offset tracker). Any fees paid hereunder, and Monero mined due to you for providing your spare computing power to BlockMint to mine cryptocurrencies are the property of BlockMint and is considered to be the fees paid by you to receive carbon dioxide equivalent (CO2e) offsets. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Notwithstanding the foregoing, because this EULA applies to a BETA TEST version of Minter, your rights hereunder will terminate at the conclusion of the beta test program. For avoidance of doubt, the beta test will terminate no later than the release date of the general-availability version of Minter. Note that the beta-test Minter will be unable to function with the general release Minter system and network infrastructure.
ALL USE OF THE SERVICE AND ANY CONTENT ACCESSED IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE MINTER BROWSER AND ANY CONTENT PROVIDED BY BLOCKMINT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CRYPTOCURRENCIES (INCLUDING MONERO) ARE VOLATILE AND CAN DECLINE IN VALUE. BLOCKMINT ACCEPTS NO RESPONSIBILITY FOR FLUCTUATIONS IN THE VALUE OF MONERO AND THE AMOUNT OF CARBON OFFSETS THAT MAY BE
You agree to defend, indemnify, and hold harmless BlockMint, its affiliates and each of their employees, contractors, directors, suppliers and representatives, from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the terms of this Agreement or any applicable law, contract, policy, regulation or other obligation. BlockMint reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BlockMint in connection therewith.
Limitation of Liability
IN NO EVENT SHALL BLOCKMINT TECHNOLOGIES INC., BLOCKMINT (USA) TECHNOLOGIES INC. OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF FEES PAID BY YOU FOR THE SERVICE OR US$500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement is personal to you, and is not assignable or transferable by you except with BlockMint’s prior written consent. BlockMint may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
Copyright Dispute Policy
BlockMint respects the intellectual property rights of others. If you believe that Minter or the Service is responsible for the infringement of another’s rights under 17 U.S.C. §§ 101 et seq. (the “Copyright Act”) then you may send us a notice (a “DMCA notice”) by following the procedures outlined at https://getminter.com/legal/dmca.
The foregoing Agreement represents the complete and final agreement between you and BlockMint regarding your use of Minter and the Service. No prior communications or writings affect the terms of this Agreement, and any subsequent amendment you wish to rely upon must be in writing and signed by all parties to be bound thereby. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BlockMint shall not be liable for any failure to perform its obligations hereunder due to any cause beyond BlockMint’s reasonable control.
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