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| Copyright (c) 2013-2015 Coinffeine S.L. | |
| 1. Introduction | |
| 1.1 The Coinffeine Software (referred to in this License Agreement as the | |
| "Coinffeine" and specifically including the Coinffeine source code files, | |
| packaged APIs, and add-ons) is licensed to you subject to the terms of this | |
| License Agreement, written in English. This License Agreement forms a legally | |
| binding contract between you and Coinffeine in relation to your use of this Software. | |
| 1.2 "Coinffeine" means the Coinffeine Software, as made available under the | |
| Coinffeine Open Source Project, which is located at the following | |
| URL: http://github.com/Coinffeine/coinffeine/, as updated from time to time. | |
| 1.3 "Coinffeine Company" means Coinffeine S.L., a Spain corporation with | |
| principal place of business at Ancora, 14, Bajo B, Postal Code 28045, | |
| Madrid, Spain. Read more about Coinffeine Company at www.coinffeine.com. | |
| 1.4 "NonCommercial" means not intended for related to or directed towards | |
| commercial purposes. | |
| 2. Accepting this License Agreement | |
| 2.1 In order to use, copy, modify, adapt, redistribute, decompile, | |
| reverse engineer, disassemble, or create derivative works of the | |
| Coinfeine Software, you must first agree to this License Agreement. You may not | |
| use the Coinffeine Software if you do not accept this License Agreement. | |
| 2.2 By using, copying, modifying, adapting, redistributing, decompiling, reverse | |
| engineering, disassembling, creating derivative works or contributing to the | |
| Coinffeine Sofware, you hereby agree to the terms of this License Agreement. | |
| 2.3 You may not use the Coinffeine Software and may not accept the | |
| License Agreement if you are a person barred from receiving the | |
| Coinffeine Software under the laws of Spain or other countries including the | |
| country in which you are resident or from which you use the Coinffeine Software. | |
| 2.4 If you are agreeing to be bound by this License Agreement on behalf of your | |
| employer or other entity, you represent and warrant that you have full legal | |
| authority to bind your employer or such entity to this License Agreement. If you | |
| do not have the requisite authority, you may not accept the License Agreement or | |
| use the Coinffeine Software on behalf of your employer or other entity. | |
| 3. Coinffeine License from Coinffeine Company | |
| 3.1 Subject to the terms of this License Agreement, Coinffeine Company grants | |
| you a limited, worldwide, royalty-free, non-transferable and non-exclusive | |
| license to use the Coinffeine Software solely to: | |
| A. Develop plugins for the Coinffeine Software. | |
| B. Develop applications for NonCommercial purposes to run using the | |
| Coinffeine Software, Coinffeine Software APIs or Coinffeine Network information. | |
| C. Use the Coinffeine Software for NonCommercial purposes. | |
| 3.2 You agree that Coinffeine Company or third parties own all legal right, | |
| title and interest in and to the Coinffeine Software, including any Intellectual | |
| Property Rights that subsist in the Coinffeine Software. | |
| "Intellectual Property Rights" means any and all rights under patent law, | |
| copyright law, trade secret law, trademark law, and any and all other | |
| proprietary rights. Coinffeine Company reserves all rights not expressly granted | |
| to you. | |
| 3.3 You may not use the Coinffeine Software for any purpose not expressly | |
| permitted by this License Agreement. Except to the extent required by | |
| applicable third party licenses, you may not: (a) copy | |
| (except for backup purposes), modify, adapt, redistribute, decompile, | |
| reverse engineer, disassemble, or create derivative works of the | |
| Coinffeine Software or any part of the Coinffeine Software. | |
| 3.4 You agree that you will not take any actions that may cause or result in the | |
| fragmentation of Coinffeine Software nor the Coinffeine network, including but | |
| not limited to distributing, participating in the creation of, or promoting in | |
| any way a software derived from the Coinffeine Software. | |
| 3.5 Use, reproduction and distribution of components of the Coinffeine Software | |
| licensed under an open source software license are governed solely by the terms | |
| of that open source software license and not this License Agreement. | |
| 3.6 You agree that the form and nature of the Coinffeine Software that | |
| Coinffeine Company provides may change without prior notice to you and that | |
| future versions of the Coinffeine Software may be incompatible with applications | |
| developed on previous versions of the Coinffeine Software. You agree that | |
| Coinffeine Company may stop (permanently or temporarily) providing the | |
| Coinffeine Software (or any features within the Coinffeine Software) to you or | |
| to users generally at Coinffeine Company's sole discretion, without prior | |
| notice to you. | |
| 3.7 Nothing in this License Agreement gives you a right to use any of | |
| Coinffeine Company trade names, trademarks, service marks, logos, domain names, | |
| or other distinctive brand features. | |
| 3.8 You agree that you will not remove, obscure, or alter any | |
| proprietary rights notices (including copyright and trademark notices) that may | |
| be affixed to or contained within the Coinffeine Software. | |
| 4. Use of the Coinffeine Software by You | |
| 4.1 Coinffeine Company agrees that it obtains no right, title or interest from | |
| you (or your licensors) under this License Agreement in or to any software | |
| applications that you develop using the Coinffeine Software, including any | |
| intellectual property rights that subsist in those applications. | |
| 4.2 You agree to use the Coinffeine Software and write applications only for | |
| purposes that are permitted by (a) this License Agreement and (b) any applicable | |
| law, regulation or generally accepted practices or guidelines in the relevant | |
| jurisdictions (including any laws regarding the export of data or software to | |
| and from Spain or other relevant countries). | |
| 4.3 You agree that if you use the Coinffeine Software to develop applications | |
| for general public users, you will protect the privacy and legal rights of those | |
| users. If the users provide you with user names, passwords, or other login | |
| information or personal information, you must make the users aware that the | |
| information will be available to your application, and you must provide legally | |
| adequate privacy notice and protection for those users. If your application | |
| stores personal or sensitive information provided by users, it must do so | |
| securely. If the user provides your application with Coinffeine | |
| Company Account information, your application may only use that information to | |
| access the user's Coinffeine Company Account when, and for the limited purposes | |
| for which, the user has given you permission to do so. | |
| 4.4 You agree that you will not engage in any activity with the | |
| Coinffeine Software, including the development or distribution of an | |
| application, that interferes with, disrupts, damages, or accesses in an | |
| unauthorized manner the servers, networks, or other properties or services of | |
| any third party including, but not limited to, Coinffeine Company. | |
| 4.5 You agree that you are solely responsible for (and that Coinffeine Company | |
| has no responsibility to you or to any third party for) any data, content, or | |
| resources that you create, transmit or display through the Coinffeine Software | |
| and/or applications for Coinffeine Software, and for the consequences of your | |
| actions (including any loss or damage which Coinffeine Company may suffer) | |
| by doing so. | |
| 4.6 You agree that you are solely responsible for (and that Coinffeine Company | |
| has no responsibility to you or to any third party for) any breach of your | |
| obligations under this License Agreement, any applicable third party contract | |
| or Terms of Service, or any applicable law or regulation, and for the | |
| consequences (including any loss or damage which Coinffeine Company or any | |
| third party may suffer) of any such breach. | |
| 5. Your Developer Credentials | |
| 5.1 You agree that you are responsible for maintaining the confidentiality of | |
| any developer credentials that may be issued to you by Coinffeine Company or | |
| which you may choose yourself and that you will be solely responsible for all | |
| applications that are developed under your developer credentials. | |
| 6. Privacy and Information | |
| 6.1 In order to continually innovate and improve the Coinffeine Software, | |
| Coinffeine Company may collect certain usage statistics from the software | |
| including but not limited to a unique identifier, associated IP address, | |
| version number of the software, and information on which plugins and/or services | |
| in the Coinffeine Software are being used and how they are being used. Before | |
| any of this information is collected, the Coinffeine Software will notify you | |
| and seek your consent. If you withhold consent, the information will not be | |
| collected. | |
| 6.2 The data collected is examined in the aggregate to improve the | |
| Coinffeine Software and is maintained in accordance with Coinffeine Company's | |
| Privacy Policy. | |
| 7. Third Party Applications | |
| 7.1 If you use the Coinffeine Software to run plugins developed by a | |
| third party or that access data, content or resources provided by a third party, | |
| you agree that Coinffeine Company is not responsible for those plugins, data, | |
| content, or resources. You understand that all data, content or resources which | |
| you may access through such third party plugins are the sole responsibility of | |
| the person from which they originated and that Coinffeine Company is not liable | |
| for any loss or damage that you may experience as a result of the use or access | |
| of any of those third party applications, data, content, or resources. | |
| 7.2 You should be aware the data, content, and resources presented to you | |
| through such a third party plugin may be protected by intellectual property | |
| rights which are owned by the providers (or by other persons or companies on | |
| their behalf). You may not modify, rent, lease, loan, sell, distribute or create | |
| derivative works based on these data, content, or resources (either in whole or | |
| in part) unless you have been specifically given permission to do so by the | |
| relevant owners. | |
| 7.3 You acknowledge that your use of such third party plugins, data, content, or | |
| resources may be subject to separate terms between you and the relevant third | |
| party. In that case, this License Agreement does not affect your legal | |
| relationship with these third parties. | |
| 8. Using Coinffeine APIs | |
| 8.1 Coinffeine Company Data APIs | |
| 8.1.1 If you use the Coinffeine Software or any Coinffeine API to retrieve data | |
| from Coinffeine Software network, you acknowledge that the data may be protected | |
| by intellectual property rights which are owned by Coinffeine Company or those | |
| parties that provide the data (or by other persons or companies on their | |
| behalf). Your use of any such API may be subject to additional Terms of Service. | |
| You may not modify, rent, lease, loan, sell, distribute or create derivative | |
| works based on this data (either in whole or in part) unless allowed by the | |
| relevant Terms of Service. | |
| 8.1.2 If you use any API to retrieve a user's data from Coinffeine Software, | |
| you acknowledge and agree that you shall retrieve data only with the user's | |
| explicit consent and only when, and for the limited purposes for which, the user | |
| has given you permission to do so. | |
| 9. Terminating this License Agreement | |
| 9.1 This License Agreement will continue to apply until terminated by either you | |
| or Coinffeine Company as set out below. | |
| 9.2 If you want to terminate this License Agreement, you may do so by ceasing | |
| your use of the Coinffeine Software and any relevant developer credentials. | |
| 9.3 Coinffeine Company may at any time, terminate this License Agreement with | |
| you if: | |
| (A) you have breached any provision of this License Agreement; or | |
| (B) Coinffeine Company is required to do so by law; or | |
| (C) the partner with whom Coinffeine Company offered certain parts of Coinffeine | |
| Software (such as APIs) to you has terminated its relationship with Coinffeine | |
| Company or ceased to offer certain parts of the Coinffeine Software to you; or | |
| (D) Coinffeine Company decides to no longer provide the Coinffeine Software or | |
| certain parts of the Coinffeine Software to users in the country in which you | |
| are resident or from which you use the service, or the provision of the | |
| Coinffeine Software or certain Coinffeine Software services to you by | |
| Coinffeine Company is, in Coinffeine Company's sole discretion, no longer | |
| commercially viable. | |
| 9.4 When this License Agreement comes to an end, all of the legal rights, | |
| obligations and liabilities that you and Coinffeine Company have benefited from, | |
| been subject to (or which have accrued over time whilst this License Agreement | |
| has been in force) or which are expressed to continue indefinitely, shall be | |
| unaffected by this cessation, and the provisions of paragraph 14.7 shall | |
| continue to apply to such rights, obligations and liabilities indefinitely. | |
| 10. DISCLAIMER OF WARRANTIES | |
| 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE COINFFEINE SOFTWARE | |
| IS AT YOUR SOLE RISK AND THAT THE COINFFEINE SOFTWARE IS PROVIDED "AS IS" AND | |
| "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM COINFFEINE COMPANY. | |
| 10.2 YOUR USE OF THE COINFFEINE SOFTWARE AND ANY MATERIAL DOWNLOADED OR | |
| OTHERWISE OBTAINED THROUGH THE USE OF THE COINFFEINE SOFTWARE IS AT YOUR OWN | |
| DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR | |
| COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. | |
| 10.3 COINFFEINE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND | |
| CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED | |
| TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A | |
| PARTICULAR PURPOSE AND NON-INFRINGEMENT. | |
| 11. LIMITATION OF LIABILITY | |
| 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT COINFFEINE COMPANY, ITS | |
| SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER | |
| ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, | |
| CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY | |
| LOSS OF DATA, WHETHER OR NOT COINFFEINE COMPANY OR ITS REPRESENTATIVES HAVE | |
| BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES | |
| ARISING. | |
| 12. Indemnification | |
| 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and | |
| hold harmless Coinffeine Company, its affiliates and their respective directors, | |
| officers, employees and agents from and against any and all claims, actions, | |
| suits or proceedings, as well as any and all losses, liabilities, damages, costs | |
| and expenses (including reasonable attorneys fees) arising out of or accruing | |
| from (a) your use of the Coinffeine Software, (b) any application you develop | |
| using the Coinffeine Software that infringes any copyright, trademark, trade | |
| secret, trade dress, patent or other intellectual property right of any person | |
| or defames any person or violates their rights of publicity or privacy, and (c) | |
| any non-compliance by you with this License Agreement. | |
| 13. Changes to the License Agreement | |
| 13.1 Coinffeine Company may make changes to the License Agreement as it | |
| distributes new versions of the Coinffeine Software. When these changes are | |
| made, Coinffeine Company will make a new version of the License Agreement | |
| available on the website where the Coinffeine Software is made available. | |
| 14. General Legal Terms | |
| 14.1 This License Agreement constitutes the whole legal agreement between you | |
| and Coinffeine Company and governs your use of the Coinffeine Software | |
| (excluding any services which Coinffeine Company may provide to you under a | |
| separate written agreement), and completely replaces any prior agreements | |
| between you and Coinffeine Company in relation to the Coinffeine Software. | |
| 14.2 This License Agreement, along with the files, will be permanently | |
| available on the Coinffeine website: www.coinffeine.com, where you can also | |
| find futher information. Thus, it won’t be kept a copy of ths License | |
| Agreement for each user. | |
| 14.3 You agree that if Coinffeine Company does not exercise or enforce any legal | |
| right or remedy which is contained in this License Agreement (or which | |
| Coinffeine Company has the benefit of under any applicable law), this will not | |
| be taken to be a formal waiver of Coinffeine Company's rights and that those | |
| rights or remedies will still be available to Coinffeine Company. | |
| 14.4 If any court of law, having the jurisdiction to decide on this matter, | |
| rules that any provision of this License Agreement is invalid, then that | |
| provision will be removed from this License Agreement without affecting the | |
| rest of this License Agreement. The remaining provisions of this | |
| License Agreement will continue to be valid and enforceable. | |
| 14.5 You acknowledge and agree that each member of the group of companies of | |
| which Coinffeine Company is the parent shall be third party beneficiaries to | |
| this License Agreement and that such other companies shall be entitled to | |
| directly enforce, and rely upon, any provision of this License Agreement that | |
| confers a benefit on (or rights in favor of) them. Other than this, no other | |
| person or company shall be third party beneficiaries to this License Agreement. | |
| 14.6 EXPORT RESTRICTIONS. THE COINFFEINE SOFTWARE IS SUBJECT TO SPAIN EXPORT | |
| LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT | |
| LAWS AND REGULATIONS THAT APPLY TO THE COINFFEINE SOFTWARE. THESE LAWS INCLUDE | |
| RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. | |
| 14.7 The rights granted in this License Agreement may not be assigned or | |
| transferred by either you or Coinffeine Company without the prior written | |
| approval of the other party. Neither you nor Coinffeine Company shall be | |
| permitted to delegate their responsibilities or obligations under this | |
| License Agreement without the prior written approval of the other party. | |
| 14.8 This License Agreement, and your relationship with Coinffeine Company under | |
| this License Agreement, shall be governed by the laws of Spain without regard | |
| to its conflict of laws provisions. Unless you are considered a consumer or a | |
| user according to the Spanish regulation, you and Coinffeine Company agree to | |
| submit to the exclusive jurisdiction of the courts located within the city of | |
| Madrid, Spain to resolve any legal matter arising from this License Agreement. | |
| Notwithstanding this, you agree that Coinffeine Company shall still be allowed | |
| to apply for injunctive remedies (or an equivalent type of urgent legal relief) | |
| in any jurisdiction. |