path: root/licenses/excavator-EULA

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
info@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.