Последнее обновление 30 марта 2020 г.
1.1. This Agreement governs Your use of the Software (as defined below in the Definitions section).
1.2. This Agreement is legally binding. By downloading, copying, installing, or otherwise using all or any portion of the Software, You accept all the terms and conditions set out in this Agreement, so please, read this Agreement carefully.
1.3. If You do not agree with any of the terms and conditions of this Agreement, do not use the Software and delete or destroy all copies of the Software in Your possession or control.
1.4. Braiins reserves the right to change or amend the terms and conditions set out in this Agreement at any time. In such case, Braiins will always notify You of any such changes and amendments on its Website and publish a new version of this Agreement at least thirty (30) days in advance, so please, visit the Website regularly.
1.5. Braiins will always include a date when this Agreement was last updated and published on the Website on the front page hereof.
2.1. Any capitalized terms used in this Agreement shall have the meaning given to them in the Definitions section hereof unless explicitly stated otherwise:
“Braiins” refers to the commercial company Braiins Systems s.r.o., with its registered office at Křižíkova 148/34, Karlín, Prague 8, Czech Republic, Id. No. 241 47 931, registered in the commercial register kept by the Municipal Court in Prague under file No. C 183056.
“You” refers to any individual or legal entity copying, installing or otherwise using all or any portion of the Software.
“Software” refers to a Linux based operating system for cryptocurrency mining devices called “Braiins OS+” downloaded from Website or otherwise provided to You by Braiins and any copies and Updates thereof.
“Updates” refer to any upgrades, updates, patches, hotfixes and additions and modified or additional versions that replace or supplement the original version of the Software, unless Braiins states that they are not included under the licenses granted hereunder and are instead licensed separately under different terms. Updates may include both additions to, and removal of, any particular features or functionality offered by the Software or may replace it entirely. The content, features and functionality of the Updates as well as their frequency are in sole discretion of Braiins. However, Braiins has no obligation to make any Updates available to You.
“Agreement” refers to the license agreement concluded between Braiins and You when You download, copy, install or otherwise use all or any portion of the Software. The terms and conditions of the Agreement are set out herein. The terms and conditions agreed upon when You acquired the Software (such as amount of license fees) constitute an integral part of this Agreement as well.
“Website” refers to a website https://braiins-os.com and any subdomains thereof.
2.2. The section headings in this document are for Your convenience only and shall not govern the meaning or interpretation of any terms and clauses herein.
1. Braiins represents that it has all the rights to the Software necessary to grant to You the following license to the limited use of the Software and to fulfill any other obligations hereunder.
2. You acknowledge that there may exist a version of Braiins OS software (called Community edition) with limited functionality that Braiins released free of charge under the GNU General Public License version 3 or under any other open-source license.
3. Subject to Your continuous compliance with the terms and conditions of this Agreement and payment of the applicable license fees, Braiins grants You a non-exclusive worldwide license to limited use of the Software (the “License”).
4. The Software is licensed to You, not sold, and the License is granted as non-exclusive. Therefore, Braiins retains the title and any intellectual property rights to use the Software as well as to grant any other licenses to its use to any third parties under any conditions it desires.
5. Under the granted License You are solely entitled to download and install the Software on Your cryptocurrency mining device and to further use it (in object form only) solely to operate such cryptocurrency mining device in such configurations as designed for or expressly permitted by Braiins.
6. You may use the Software only on the compatible cryptocurrency mining devices listed on the Website. The number of Your cryptocurrency mining devices on which You may use the Software is not limited under the License.
7. The License is granted for the term specified below and may be terminated only as stated in this Agreement or by the applicable law.
8. You have no right to transfer, assign, rent, sell, sublicense or otherwise directly or indirectly transfer or encumber the License and the Software to any third parties, in whole or in part.
4.1. You acknowledge that You are solely entitled to use the Software on Your own cryptocurrency mining device. Therefore, if the Software is used on any third party devices on behalf of any third party You must be authorized to accept the terms and conditions of this Agreement on behalf of such third party, so that the third party becomes a party to this Agreement.
4.2. Any use of the Software and any related rights other than as expressly set forth herein is strictly prohibited. Therefore, under the granted License You are not entitled to and shall not allow a third party to:
i. provide, make available to, or permit use of the Software, in whole or in part, by any third party without prior written consent of Braiins, unless such use by the third party is solely on Your behalf, is strictly in compliance with this Agreement, and You are liable for any breach of this Agreement by such third party;
ii. copy, reproduce, republish, upload, post or transmit the Software in any way;
iii. modify or remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary notices or markings on or in the Software.
iv. decompile, disassemble, reverse engineer, or otherwise attempt to derive source code (or underlying ideas, algorithms, structure or organization) from the Software, in whole or in part;
v. attack or attempt to undermine the security, integrity, authentication or intended operation of the Software;
vi. modify or create derivative works based upon the Software; or
vii. use the Software to create a competitive offering or to create other software, products or technologies.
4.1. Braiins does not provide any maintenance or support services relating to the Software or otherwise under this Agreement. However, support services may be provided under a separate agreement (visit Website for more information).
4.2. Braiins does not provide to You any source codes to the Software under this Agreement.
4.3. The Software may cause Your cryptocurrency mining device to connect to the Internet, may require activation or registration, may require download of Updates. You undertake not to interfere with or circumvent any such embedded functions of the Software including any functions necessary to assign computing power as described in the section 5 hereof.
4.4. Certain functions of the Software including, but not limited to, the functionality that allows for license fees provision may require an active and stable connection to the Internet in order to function. It is therefore Your responsibility to ensure that You have at all times an active and stable Internet connection.
4.5. You acknowledge, that the Software may transmit certain information from Your cryptocurrency mining device (such as frequencies of chips, readings from temperature sensors, fan speed etc.) to Braiins. Braiins will use the information for statistical analysis and improvements of the Software.
5.1. You undertake to pay Braiins license fees for the License granted herein. The license fees shall be paid (provided) in the non-monetary form specified below in this section 5 of this Agreement
5.2. As license fees You will provide to Braiins a portion of the computing power generated by any and all cryptocurrency mining devices on which the Software is used under the granted License. The computing power is provided to Braiins when Your cryptocurrency mining device has used the agreed computing power to perform certain processing operations (for the purpose of cryptocurrency mining) that were designated and sent to You by Braiins. You must allow Your cryptocurrency mining device to perform such processing operations without interference (especially You must not interfere with input data and with results of such operations).
5.3. The portion (percentage) of computing power that shall be provided to Braiins as license fees hereunder shall be specified before or at the time when this Agreement is concluded.
5.4. Unless stated otherwise the applicable percentage is visibly indicated on the Website or in the Fee List issued by Braiins and published on the Website. In the event of any discrepancies the information in the Fee List shall prevail. Braiins may at its sole discretion change or amend the Fee List or other information about applicable percentage on the Website at any time. Such changes or amendments are effective thirty (30) days after the new Fee List or information have been published on the Website.
5.5. The respective portion of the computing power shall be provided to Braiins at all times when the cryptocurrency mining device and its computing power are being used regardless of the purpose for which they used.
5.6. You acknowledge that embedded features of the Software enable the Software to automatically assign the amount of computing power corresponding to the license fees to perform processing operations designated and sent to You by Braiins.
5.7. You acknowledge that due to the nature of computing power and computing power routing it is not technically possible to always assign the exact percentage of computing power. Therefore, You acknowledge that the amount of computing power actually assigned by the Software at the start of each session is random and it takes few seconds before a correct percentage of computing power is assigned. For the same reasons the amount of computing power assigned at any given time to perform processing operations for Braiins may be as much as 10 % higher or lower than the amount agreed above according to the section 5 hereof.
5.8. In the event that the amount of assigned computing power is higher than the agreed amount as described in the Article 5.7. hereof, the difference constitutes portion of license fees as well and is not refundable to You.
6.1. The License hereunder is granted and the Agreement is concluded for a period of one (1) month (hereinafter referred to as the “Term”).
6.2. If You continue using the Software in any way after the day, when the Term expired, You agree that a new version of this Agreement (including new license) is automatically concluded between You and Braiins on the first day on which You use the Software after the expiration of the Term.
6.3. The new version of this Agreement will be governed by the terms and conditions of then effective version of this document published on the Website and the license fees shall be set in accordance with then effective Fee List published on the Website, unless agreed otherwise between You and Braiins.
6.4. Braiins may terminate the Agreement and the License granted hereunder for any reason or without a reason by a notice with a notice period of three (3) days.
6.5. Braiins may terminate this Agreement and the granted License immediately and without prior notice if You fail to comply with any term or condition of this Agreement.
6.6. Upon expiration or termination of this Agreement and the granted License, You must not use the Software and some or all of the Software may cease to operate without prior notice.
6.7. If You unlawfully use the Software after the expiration or termination of the License and this Agreement (and at the same time there is no new version of the Agreement concluded for any reason), Braiins will not have any obligation to refund or compensate You for any computing power automatically assigned at any given time to perform processing operations for Braiins in accordance with the section 5 hereof during such period.
7.1. The Software may be subject to the export laws of the Czech Republic as well as the laws of the country where it is delivered or used. You agree to abide by these laws.
7.2. You understand that certain functionalities of the Software, such as encryption, may be subject to import or export restrictions in the event that You transfer the Software from the country of delivery, and You are responsible for complying with applicable restrictions.
7.3. Braiins provides the Software “as is” and makes, and You receive, no other warranties related to the Software, whether express, implied or statutory, and Braiins specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.4. Braiins does not warrant that the functions of the Software will meet Your requirements or that operation of the Software will be uninterrupted, timely, secure, or error free, or that the results obtained from the use of the Software will be effective, accurate, or reliable, or that any errors or defects in the Software will be corrected.
7.5. Braiins shall not under any circumstances be held liable to You for any direct, indirect, special, consequential, punitive or any other damages and costs including, but not limited to, loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with this Agreement and the granted License under any theory of liability, even if advised or aware of the possibility of such damages.
7.6. Under certain laws it may not be possible to disclaim liability and warranties completely. For such cases Braiins hereby disclaims its liability and warranties to the fullest extent permissible by the applicable law.
7.7. If the warranties and liabilities disclaimers above are found void or invalid or otherwise unenforceable, You agree that total liability of Braiins is limited to the monetary value of the total amount of computing power received by Braiins from You in the period of four (4) months immediately preceding the event or circumstance giving rise to such liability (the monetary value is calculated as of the moment when the computing power was provided to Braiins).
8.1. Any notifications addressed to Braiins hereunder shall be sent to the following email address: email@example.com and are considered as delivered when the delivery has been confirmed by Braiins.
8.2. You undertake to notify Braiins, if You learn that right to grant the License hereunder is or may be compromised such as in the event that You have received a pre-action letter regarding the contents of such License or litigation was initiated regarding such License. In the event that any of the rights granted to You hereunder are or may be compromised, You undertake to provide Braiins with any information and cooperation necessary to retain such rights.
8.3. Any mass communication addressed to You as well as to other user of the Software may be delivered to You by publishing it on the easily accessible designated part of the Website. In that event it shall be considered as delivered thirty (30) days after it has been published.
9.1. The laws of the Czech Republic, without regard to principles of conflict of laws, shall govern this Agreement, the granted License and any dispute of any sort that might arise between You and Braiins in connection herewith (including any claims under any liability theory). The United Nations Convention on Contracts for the International Sale of Goods does not apply.
9.2. This choice of law clause does not deprive the consumers of their rights under mandatory provisions of the law of their country of habitual residence in the event that such law would otherwise be applicable pursuant to the Article 6 (1) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.1. Braiins always operate in a customer-friendly manner. Braiins tries to solve any issues peacefully and ask You to do the same. Therefore, You agree to notify Braiins of any disputes arising out of or in connection with this Agreement and granted License and You agree that You will always attempt an out-of-court dispute resolution before You bring the dispute before the courts.
10.2. Any dispute relating in any way to this Agreement and granted License shall be decided with final effect before the courts of the Czech Republic, in particular before the District Court for Prague 8 and (in the event that the regional court decides as a first instance court) before the Municipal Court in Prague.
10.3. Should You violate or threaten to violate intellectual property rights of Braiins in any manner, Braiins may seek an injunction or other relief as may be appropriate to preserve all of Braiins rights in any court of its choice. You consent to exclusive jurisdiction and venue of such courts.
10.4. If You are a consumer and live in the European Union, Norway, Iceland or Lichtenstein, You may be entitled to address Your Dispute through an internet platform for online dispute resolution established by the European Commission (hereinafter referred to as the “ODR Platform”). The ODR Platform is intended to facilitate out-of-court resolutions relating to online purchases of goods and services between consumers and traders based in the European Union, Norway, Iceland and Lichtenstein. You will find the ODR Platform by following this link: http://ec.europa.eu/consumers/odr/.
11.1. Assignment: You may not assign or transfer any of Your rights or obligations assumed under this Agreement or in any other way related hereto without prior written consent of Braiins.
11.2. Waiver: If You do not comply with this Agreement, and Braiins does not take action right away, or if Braiins does not enforce any other provision hereof, this doesn’t mean that Braiins is waiving any rights that it may have (such as taking action in the future).
11.3. Survival: All the provisions of this Agreement that by their nature extend beyond the termination of mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of the mutual legal relationship.
11.4. Severability: If any clause of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, the legality, validity and enforceability of the other clauses hereof shall not be affected. In the event that any clause or part thereof is determined to be illegal, invalid or unenforceable, that clause shall be replaced by the parties of this Agreement with a legal, valid and enforceable clause that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable clause, given the content and purpose of this Agreement.
11.5. Language: This document is issued in an English-language version. The meanings of the terms, conditions and representations herein are subject to definitions and interpretation in the English language. Braiins may also issue this document in other language versions for Your convenience; however, in case of any discrepancies the English-language version shall always prevail.
In Prague on March 30, 2020
Braiins Systems s.r.o.
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