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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.