commit: 45655b02ef341f057a21eb27cb6de6198c0bf82d Author: Alexey Sokolov <alexey+gentoo <AT> asokolov <DOT> org> AuthorDate: Sat Jun 27 11:19:33 2020 +0000 Commit: Alexey Sokolov <alexey+gentoo <AT> asokolov <DOT> org> CommitDate: Sat Jun 27 11:24:40 2020 +0000 URL: https://gitweb.gentoo.org/repo/proj/guru.git/commit/?id=45655b02
licenses: Add excavator-EULA https://github.com/nicehash/excavator/blob/master/excavator-EULA.txt Signed-off-by: Alexey Sokolov <alexey+gentoo <AT> asokolov.org> licenses/excavator-EULA | 258 ++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 258 insertions(+) diff --git a/licenses/excavator-EULA b/licenses/excavator-EULA new file mode 100644 index 0000000..00a0527 --- /dev/null +++ b/licenses/excavator-EULA @@ -0,0 +1,258 @@ +End-User License Agreement ("Agreement") +======================================== + +Last updated: May 10, 2017 + +Please read this End-User License Agreement ("Agreement") carefully before +clicking the "I Agree" button, downloading or using NiceHash Excavator +("Application"). + +By clicking the "I Agree" button, downloading or using the Application, you +are agreeing to be bound by the terms and conditions of this Agreement. + +This Agreement is a legal agreement between you (either an individual or a +single entity) and NiceHash and it governs your use of the Application made +available to you by NiceHash. + +If you do not agree to the terms of this Agreement, do not click on the "I +Agree" button and do not download or use the Application. + +The Application is licensed, not sold, to you by NiceHash for use strictly in +accordance with the terms of this Agreement. + +License +------- + +NiceHash grants you a revocable, non-exclusive, non-transferable, limited +license to download, install and use the Application solely for your personal, +non-commercial purposes strictly in accordance with the terms of this +Agreement. + +Restrictions +------------ + +You agree not to, and you will not permit others to: + + * license, sell, rent, lease, assign, distribute, transmit, host, outsource, + disclose or otherwise commercially exploit the Application or make the + Application available to any third party. + + * copy or use the Application for any purpose other than as permitted under + the above section 'License'. + + * modify, make derivative works of, disassemble, decrypt, reverse compile or + reverse engineer any part of the Application. + + * remove, alter or obscure any proprietary notice (including any notice of + copyright or trademark) of NiceHash or its affiliates, partners, suppliers + or the licensors of the Application. + + +Intellectual Property +--------------------- + +The Application, including without limitation all copyrights, patents, +trademarks, trade secrets and other intellectual property rights are, and +shall remain, the sole and exclusive property of NiceHash. + +Your Suggestions +---------------- + +Any feedback, comments, ideas, improvements or suggestions (collectively, +"Suggestions") provided by you to NiceHash with respect to the Application +shall remain the sole and exclusive property of NiceHash. + +NiceHash shall be free to use, copy, modify, publish, or redistribute the +Suggestions for any purpose and in any way without any credit or any +compensation to you. + +Modifications to Application +---------------------------- + +NiceHash reserves the right to modify, suspend or discontinue, temporarily or +permanently, the Application or any service to which it connects, with or +without notice and without liability to you. + +Updates to Application +---------------------- + +NiceHash may from time to time provide enhancements or improvements to the +features/functionality of the Application, which may include patches, bug +fixes, updates, upgrades and other modifications ("Updates"). + +Updates may modify or delete certain features and/or functionalities of the +Application. You agree that NiceHash has no obligation to (i) provide any +Updates, or (ii) continue to provide or enable any particular features and/or +functionalities of the Application to you. + +You further agree that all Updates will be (i) deemed to constitute an +integral part of the Application, and (ii) subject to the terms and conditions +of this Agreement. + +Third-Party Services +-------------------- + +The Application may display, include or make available third-party content +(including data, information, applications and other products services) or +provide links to third-party websites or services ("Third-Party Services"). + +You acknowledge and agree that NiceHash shall not be responsible for any +Third-Party Services, including their accuracy, completeness, timeliness, +validity, copyright compliance, legality, decency, quality or any other aspect +thereof. NiceHash does not assume and shall not have any liability or +responsibility to you or any other person or entity for any Third-Party +Services. + +Third-Party Services 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. + +Privacy Policy +-------------- + +NiceHash collects, stores, maintains, and shares information about you in +accordance with its Privacy Policy, which is available at +https://www.nicehash.com/?p=privacy. By accepting this Agreement, you +acknowledge that you hereby agree and consent to the terms and conditions of +our Privacy Policy. + +Term and Termination +-------------------- + +This Agreement shall remain in effect until terminated by you or NiceHash. + +NiceHash may, in its sole discretion, at any time and for any or no reason, +suspend or terminate this Agreement with or without prior notice. + +This Agreement will terminate immediately, without prior notice from NiceHash, +in the event that you fail to comply with any provision of this Agreement. You +may also terminate this Agreement by deleting the Application and all copies +thereof from your mobile device or from your computer. + +Upon termination of this Agreement, you shall cease all use of the Application +and delete all copies of the Application from your mobile device or from your +computer. + +Termination of this Agreement will not limit any of NiceHash's rights or +remedies at law or in equity in case of breach by you (during the term of this +Agreement) of any of your obligations under the present Agreement. + +Indemnification +--------------- + +You agree to indemnify and hold NiceHash and its parents, subsidiaries, +affiliates, officers, employees, agents, partners and licensors (if any) +harmless from any claim or demand, including reasonable attorneys' fees, due +to or arising out of your: (a) use of the Application; (b) violation of this +Agreement or any law or regulation; or (c) violation of any right of a third +party. + +No Warranties +------------- + +The Application is provided to you "AS IS" and "AS AVAILABLE" and with all +faults and defects without warranty of any kind. To the maximum extent +permitted under applicable law, NiceHash, on its own behalf and on behalf of +its affiliates and its and their respective licensors and service providers, +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, +NiceHash provides no warranty or undertaking, and makes no representation of +any kind that the Application will meet your requirements, achieve any +intended results, be compatible or work with any other software, applications, +systems or services, operate without interruption, meet any performance or +reliability standards or be error free or that any errors or defects can or +will be corrected. + +Without limiting the foregoing, neither NiceHash nor any NiceHash's provider +makes any representation or warranty of any kind, express or implied: (i) as +to the operation or availability of the Application, or the information, +content, and materials or products included thereon; (ii) that the Application +will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or +currency of any information or content provided through the Application; or +(iv) that the Application, its servers, the content, or e-mails sent from or +on behalf of NiceHash are free of viruses, scripts, trojan horses, worms, +malware, timebombs or other harmful components. + +Some jurisdictions do not allow the exclusion of or limitations on implied +warranties or the limitations on the applicable statutory rights of a +consumer, so some or all of the above exclusions and limitations may not apply +to you. + +Limitation of Liability +----------------------- + +Notwithstanding any damages that you might incur, the entire liability of +NiceHash and any of its suppliers under any provision of this Agreement and +your exclusive remedy for all of the foregoing shall be limited to the amount +actually paid by you for the Application. + +To the maximum extent permitted by applicable law, in no event shall NiceHash +or its suppliers be liable for any special, incidental, indirect, or +consequential damages whatsoever (including, but not limited to, damages for +loss of profits, for loss of data or other information, for business +interruption, for personal injury, for loss of privacy arising out of or in +any way related to the use of or inability to use the Application, third-party +software and/or third-party hardware used with the Application, or otherwise +in connection with any provision of this Agreement), even if NiceHash or any +supplier has been advised of the possibility of such damages and even if the +remedy fails of its essential purpose. + +Some states/jurisdictions do not allow the exclusion or limitation of +incidental or consequential damages, so the above limitation or exclusion may +not apply to you. + +Severability +------------ + +If any provision of this Agreement is held to be unenforceable or invalid, +such provision will be changed and interpreted to accomplish the objectives of +such provision to the greatest extent possible under applicable law and the +remaining provisions will continue in full force and effect. + +Waiver +------ + +Except as provided herein, the failure to exercise a right or to require +performance of an obligation under this Agreement shall not effect a party's +ability to exercise such right or require such performance at any time +thereafter nor shall be the waiver of a breach constitute waiver of any +subsequent breach. + +Amendments to this Agreement +---------------------------- + +NiceHash reserves the right, at its sole discretion, to modify or replace this +Agreement at any time. If a revision is material we will provide at least 15 +days' notice prior to any new terms taking effect. What constitutes a material +change will be determined at our sole discretion. + +By continuing to access or use our Application after any revisions become +effective, you agree to be bound by the revised terms. If you do not agree to +the new terms, you are no longer authorized to use the Application. + +Governing Law +------------- + +The laws of Slovenia, excluding its conflicts of law rules, shall govern this +Agreement and your use of the Application. Your use of the Application may +also be subject to other local, state, national, or international laws. + +Contact Information +------------------- + +If you have any questions about this Agreement, please contact us as +i...@nicehash.com + +Entire Agreement +---------------- + +The Agreement constitutes the entire agreement between you and NiceHash +regarding your use of the Application and supersedes all prior and +contemporaneous written or oral agreements between you and NiceHash. + +You may be subject to additional terms and conditions that apply when you use +or purchase other NiceHash's services, which NiceHash will provide to you at +the time of such use or purchase.
