Effective Date: March 2nd, 2024
Please read this Guardian Node Software Agreement (this “Agreement”) carefully before using the HYCHAIN network (the “HYCHAIN Network”) Guardian Node software (the “Node Software”). By checking the box “I agree,” or otherwise accessing or using the Node Software or purchasing, accessing, or using a non-fungible token upgrade key for the Node Software (“Key”), you agree that you have read, understand, and accept all the terms and conditions contained in this Agreement by and between you and Hytopia, Inc., a Delaware corporation with its principal offices in the State of Washington (“Company,” “we,” “our,” and their derivatives).
THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE NODE SOFTWARE OR PURCHASE, ACCESS, OR USE A KEY.
THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND COMPANY AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.
Eligibility Requirements
To be eligible to access or use the Node Software or purchase, access or use a Key, you must satisfy each of the following eligibility requirements:
You are at least eighteen (18) years of age, or are the age of majority in the country in which you reside to enter into legally binding agreements under applicable law; and
You are not, nor are you an entity that is, or an entity owned or controlled by any person or entity that is, or conducting any activities itself or on behalf of any person or entity that is: the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State or any other governmental authority with jurisdiction over the party; identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or located, organized, or resident in a country or territory that is, or whose government is, the subject of economic sanctions, including, without limitation, Russia, Crimea, Cuba, Iran, North Korea, or Syria (each, a “Restricted Person”).
Node Software
Use of Node Software. Subject to the terms and conditions of this Agreement, you may use the Node Software to operate a HYCHAIN Network Guardian Node on one or more machines that you own or control. The HYCHAIN Network is a “layer-2” network that operates on top of the “layer-1” Ethereum blockchain. As a Guardian Node operator, you will be able to help ensure that the correct state of the HYCHAIN Network is reflected on the Ethereum blockchain by reading assertion data from the rollup protocol on the “layer-1” network, submitting state roots of upcoming assertions to confirm the accuracy of information being submitted by Guardian Nodes on the HYCHAIN Network, and utilizing a Wallet (defined below) to perform assertion checks on the “layer-1” network. Use of Ethereum is subject to separate third-party terms and conditions.
Key Requirement. You must purchase a Key from the Company in order to operate a Guardian Node and earn Network Rewards (defined below). Subject to the terms and conditions of this Agreement, the Key will upgrade your Node Software and allow you to earn $TOPIA token rewards. You must purchase additional Keys to operate multiple HYCHAIN Network Guardian Nodes. You may purchase a Key at https://nodes.hychain.com.
Connecting a Digital Wallet. In order to operate a Guardian Node using the Node Software, you will need to connect a compatible third-party Ethereum blockchain digital wallet (“Wallet”). You are solely responsible for maintaining the security of your Wallet, including any associated credentials, private key, and seed phrase. The Company does not offer Wallet software or custody $TOPIA Tokens (or any other crypto assets) on behalf of Node Software users. Your use of a third-party Wallet is subject to separate terms and conditions established by the Wallet provider.
Network Rewards and Slashing. You may receive units of $TOPIA Tokens from the HYCHAIN Network as a reward for contributing to the security of the HYCHAIN Network (“Network Rewards”). All such Network Rewards are programmatically distributed to Guardian Node operators by the HYCHAIN Network. $TOPIA Tokens will accrue on the “layer-2” HYCHAIN network and can be “bridged” or transferred to the Ethereum network through a HYCHAIN Network bridge for use on the Ethereum Network if desired. Additionally, some or all of your earned $TOPIA Tokens may be programmatically destroyed as a penalty imposed by the HYCHAIN Network (a “Slashing Penalty”) in certain instances. Please refer to the HYCHAIN Network documentation for more details. The Company is not responsible or liable for any Network Rewards or Slashing Penalties that result from your use of the Node Software. The Company will not be liable for any acts or omissions by you in connection with your Wallet or as a result of any cyber incident or security vulnerability that impacts your Wallet.
Node Software Updates. The Node Software may automatically download or prompt you to download and install updates onto your machine from time to time. By accessing or using the Node Software, you agree that the Company may download and install automatic Node Software updates onto your machine. You may opt out of automatic updates by adjusting your Node Software settings.
Limited License to Use the Node Software
Node Software License. Subject to the terms and conditions of this Agreement, the Company hereby grants to you a non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free, limited license to install, use, and run the Node Software on one or more machines that you own or control. No right, title, or interest in or to the Node Software is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Node Software not expressly permitted by this Agreement is a breach of this Agreement.
Third-Party Licenses. Notwithstanding anything to the contrary in this Agreement, the Node Software may contain software components released under separate open-source or business-source license terms, in which case those license terms will govern such software components.
Intellectual Property
Company IP. All aspects of the Node Software and HYCHAIN Network, including, without limitation, any works of authorship, trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the foregoing (collectively, “Company IP”), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2024 HYCHAIN and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, and the Company reserves all rights.
Feedback. You may elect to informally provide Feedback from time to time. You agree that the Company will own, and you hereby assign to the Company your intellectual property rights in and to any and all Feedback and that the Company will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback, ideas, or suggested improvements you provide regarding the Node Software or any of the Company’s products or services, including, without limitation, any features, functionalities, errors, and improvements (whether orally or in writing).
Prohibited Activities
You may use the Node Software only for lawful purposes and in accordance with this Agreement.
You agree that your use of Node Software is at your own risk and that you will not use the Node Software to violate any applicable law, regulation, or instructions as outlined in this Agreement, and you will not encourage or enable any other individual to do so.
In addition to the above obligations, you agree not to:
engage in any activities that negatively affect the technical performance of the Node Software or HYCHAIN Network, bypass or circumvent security features of the Node Software or HYCHAIN Network, or otherwise disrupt or interfere with the functioning of the Node Software or HYCHAIN Network;
access data not intended for you or logging onto a server or an account which you are not authorized to access;
disable, remove, defeat, or avoid any security device or system;
attempt to probe, scan, or test the vulnerability of the Node Software or HYCHAIN Network, or to breach security or authentication measures without prior written authorization from the Company;
attempt to interfere with service to any Guardian Node operator, host, or network, including, without limitation, via means of submitting any malware or computer programming routines that may damage, disrupt, interfere with, intercept, or expropriate any system or data, or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Node Software or HYCHAIN Network;
forge any transmission control protocol/Internet protocol packet header or any part of the header information in any email or posting;
provide false, misleading, or inaccurate information to the HYCHAIN Network;
otherwise violate or attempt to violate the security or proper working of the Node Software or HYCHAIN Network;
use the Node Software or any portion thereof to create any service, software, product, platform, documentation, or data that is similar to, in whole or in part, any aspect of the services or products offered by the Company, including without limitation, the Node Software or HYCHAIN Network;
disassemble, decompile, reverse engineer, or use any other means to attempt to discover any source code of the Node Software, or the underlying ideas, file formats, algorithms, or trade secrets therein;
encumber, sublicense, transfer, rent, lease, time-share, or use the Node Software in any service bureau arrangement or otherwise for the benefit of any third party;
copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port, or otherwise modify any software code or documentation for the Node Software;
use or allow the transmission, transfer, export, re-export, or other transfer of any product, technology, or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and regulations of any relevant jurisdiction;
knowingly introduce into the Node Software or HYCHAIN Network any malicious code, computer virus, spyware, scareware, Trojan horses, worms, malware, or any other similar harmful, malicious, or hidden programs or data;
remove or modify any proprietary markings or restrictive legends placed on the Node Software;
use the Node Software to infringe upon, violate, or misappropriate any third party’s intellectual property rights, or use the Node;
use the Node Software or HYCHAIN Network to engage in illegal activity of any kind, including, without limitation, any activity that would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs administered under any applicable law, including, without limitation, the U.S. Department of Treasury’s Office of Foreign Assets Control, or which would involve proceeds of any unlawful activity;
engage in any activity that may be defamatory, trade libelous, threatening, or harassing, or may result in injury, death, property damage, nuisance, or liability of any kind; and
authorize or permit any third party to engage in any of the foregoing.
For the avoidance of doubt, the restrictions set forth in this Section are in addition to, and in no way limit, any other restrictions or obligations applicable to you set forth in this Agreement.
Although the Company is not obligated to monitor your access to or use of the Node Software, we have the right to do so for the purpose of operating and updating the Node Software, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to the Node Software, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Node Software to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
Risks
You acknowledge that the Node Software and HYCHAIN Network incorporate experimental and novel technology and that the use of such technology involves a high degree of risk. For example, there are numerous reasons the Node Software or HYCHAIN Network could fail in an unexpected way, resulting in the total and absolute loss of your $TOPIA Tokens. You hereby agree that you assume all risks in connection with your use of the Node Software and HYCHAIN Network and expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising out of or in any way relating to you obtaining or using Node Software and HYCHAIN Network.
You understand and accept the risk of operational challenges related to the Node Software and HYCHAIN Network. For example, the HYCHAIN Network may experience cyber-attacks, unexpected surges in transaction volume or activity, or other operational or technical difficulties or vulnerabilities that may cause interruptions related to your use of the Node Software or HYCHAIN Network. You agree to accept the risk of a failure of the Node Software or HYCHAIN Network resulting from unanticipated or heightened technical difficulties or vulnerabilities, including those resulting from cyber-attacks. You agree not to hold the Company accountable for any related losses.
You agree that the Company is not responsible for any $TOPIA Tokens or other crypto assets that you receive, transfer, hold, stake, lose, or otherwise use or misuse in connection with the Node Software or the HYCHAIN Network.
Legal and regulatory requirements applicable to use of the Node Software may vary from jurisdiction to jurisdiction. You acknowledge and agree that you are solely responsible for evaluating the legality of using the Node Software in your jurisdiction. The Company is not responsible for determining whether or which laws and regulations may apply to you or your use of the Node Software.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE NODE SOFTWARE AND HYCHAIN NETWORK IS AT YOUR SOLE RISK. THE NODE SOFTWARE AND HYCHAIN NETWORK AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NODE SOFTWARE AND HYCHAIN NETWORK ARE EACH PROVIDED BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE NODE SOFTWARE, HYCHAIN NETWORK, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY REGARDING THE NODE SOFTWARE OR HYCHAIN NETWORK WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE FOREGOING WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT NODE SOFTWARE OR HYCHAIN NETWORK WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES (DEFINED BELOW) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR RELATING TO THE NODE SOFTWARE OR HYCHAIN NETWORK, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DIMINUTION IN VALUE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR RELATING TO THE NODE SOFTWARE OR HYCHAIN NETWORK EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless the Company and its affiliates, licensors, and service providers, and its and their respective owners, members, agents, directors, officers, employees, contractors, agents, licensors, suppliers, representatives, affiliates, successors, and assigns (collectively, “Company Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your breach of this Agreement, your violation of any law or regulation, or your use of the Node Software. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defense.
If you have a dispute with one or more users of the Node Software or other third parties, you release the Company Parties from all claims, liabilities, damages, losses, costs, expenses, or fees of every kind and nature arising out of or in any way connected with such disputes.
Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Company agree that Disputes (defined below) will be settled by binding, individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Agreement.
Disputes We Agree to Arbitrate. You and the Company agree to submit all Disputes between you and the Company to individual binding arbitration. “Dispute” means any dispute, claim, or controversy between you and the Company that relates to this Agreement, Node Software, or HYCHAIN Network, including, without limitation, the validity, enforceability, or scope of this Section 10.
You and the Company agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. You and the Company agree that whether a Dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court.
Arbitration Procedure. To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. Prior to commencement of the arbitration, the parties will meet in good faith for the purpose of resolving the dispute.
The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience in resolving cryptocurrency or commercial-contract disputes. You and the Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement. If an in-person hearing is required, the hearing will take place in King County, Washington.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and the Company agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. The arbitrator may only award legal or equitable remedies that are requested by you or the Company to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator may not award relief against the Company respecting any person other than you. Any decision or award may be enforced as a final judgment by a state or federal court located in King County, Washington.
Time Limitation to File. If a Dispute must be arbitrated, you or the Company must start arbitration of the Dispute within one (1) year from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than one (1) year after the Dispute first arose, you must start arbitration in that earlier time period. The Company encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice will bar all claims.
Confidentiality. The parties will keep confidential the existence of the arbitration, the arbitration proceeding, the hearing and the arbitrator’s decision, except (a) as necessary to prepare for and conduct the arbitration hearing on the merits; (b) in connection with a court application for a preliminary remedy, or confirmation of an arbitrator’s decision or its enforcement; (c) the Company may disclose the arbitrator’s decision in confidential settlement negotiations; (d) each party may disclose as necessary to professional advisors that are subject to a strict duty of confidentiality; and (e) as applicable law otherwise requires. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration, except as applicable so requires or if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
Governing Law. All matters relating to the Node Software, the HYCHAIN Network, or this Agreement and any related Dispute will be solely and exclusively governed, construed, and enforced in accordance with the internal laws of the State of Delaware, without giving effect to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
Prevailing Party. In any Dispute, the arbitrator will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
Injunctions. Any material breach by you of this Agreement could cause the Company irreparable harm for which it has no adequate remedies at law. Accordingly, the Company is entitled to seek specific performance or injunctive relief for any such breach. Nothing in this Section 10 will preclude the Company from seeking specific performance or injunctive relief from a court of appropriate jurisdiction.
Jury Waiver. If for any reason a Dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement, the Node Software, or HYCHAIN Network.
CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO ONLY BRING DISPUTES IN AN INDIVIDUAL CAPACITY AND WILL NOT SEEK TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (E.G., PRIVATE ATTORNEY GENERAL ACTIONS).
Termination
We may terminate your access to and use of the Node Software, at our sole discretion, at any time and without notice to you. Upon termination of this Agreement, you must immediately cease all use of the Node Software and destroy all copies, full or partial, of the Node Software.
This Section 12 (Termination) and Sections 4 (Intellectual Property), 6 (Risks), 7 (Disclaimer of Warranties), 8 (Limitation of Lability), 9 (Indemnification), 10 (Binding Individual Arbitration), 11 (Class Action Waiver), and 13 (General Provisions) will survive such termination.
General Provisions
Electronic Communications and Notices. By accessing or using the Node Software, you consent to receive electronic communications. The Company may provide you with notice and other communications via electronic communications. You may provide us with notice by sending an email address to support@hychain.com. All notices will be deemed effective upon dispatch.
Waivers. For a waiver to be deemed effective, the waiver must be in a writing signed by the Company. No waiver by the Company of any term or condition set out in this Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Cumulative Rights. The rights and remedies of the parties under this Agreement are cumulative, and each party may exercise any of its rights and enforce any of its remedies under this Agreement, along with all other rights and remedies available to it at law, in equity, or otherwise.
Severability. If any provision of this Agreement is declared to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions contained herein will not be affected thereby, and the remainder of the provisions of this Agreement will remain valid, legal, and enforceable to the fullest extent permitted by law.
Force Majeure. The Company will have no liability for any failure or delay resulting from any condition beyond our reasonable control, including, without limitation, governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet or blockchain network disturbances.
Successors and Assigns. You may not transfer or assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, and any such attempted assignment will be void. The Company reserves the right to freely transfer or assign this Agreement and the rights and obligations hereunder to any third party at any time without your consent and prior notice to you. If you object to any such transfer or assignment, you may stop accessing and using the Node Software.
Relationship of the Parties. Nothing contained in this Agreement will constitute you and the Company as members of any partnership, joint venture, association, syndicate, unincorporated business, or similar assignment as a result of or by virtue of the relationship established by this Agreement.
Third-Party Beneficiaries. The Company designates its affiliates as third-party beneficiaries having the right to enforce this Agreement. No other person will assert any rights as a third-party beneficiary hereunder.
Amendments. This Agreement may be modified or revised at any time, with or without prior notice to you. You waive any right you may have to receive specific notice of such modifications or revisions. The most current version of this Agreement will be posted on https://github.com/HYCHAIN/node-tos (the “Website”) with the “Effective Date” revised at the top. Any modifications or revisions will be effective immediately upon posting the modifications or revisions to the Website. You are expected to check the Website from time to time, so you are aware of any changes. If you continue to access or use the Node Software, or purchase, access, or use a Key, following the posting of revised version of this Agreement, you are signifying that you accept and agree to the changes. If you do not agree to this Agreement then in effect, you must immediately discontinue access to and use of the Node Software.
Entire Agreement. This Agreement constitutes the entire agreement between you and the Company, and supersedes all previous communications, understandings, representations, warranties, or agreements, whether written or oral, with respect to the subject matter hereof.
Entire Agreement. The Agreement constitutes the entire agreement and understanding between you and the Company, and supersedes all previous communications, representations or agreements, whether written or oral, with respect to the subject matter hereof.
No Third-Party Beneficiaries. The Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and the Company and other Company affiliates, which each shall be a third-party beneficiary of the Agreement, and no other person shall assert any rights as a third-party beneficiary hereunder.