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LICENSE
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Software Licence Agreement
Before using this source code for a Smart Contract (as defined below) to be deployed and run on a Distributed Ledger Network (as defined below) (the “Software”), please thoroughly read this software licence agreement (the “Licence”) which is a legally binding agreement between you (“You”, “Your”) and LA Platform PTE LTD (“We”, “Us” or “Our”).
If You need a licence to reproduce, copy, modify etc. this Software, please reach Us at: [email protected].
BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
Definitions:
When used in this Licence:
• “Distributed Ledger Network” means a digital database spread across several devices on a peer-to-peer network containing replicated, shared and synchronized digital data; and
• “Smart Contract” means a self-executing contract terms of which have been built-into the computer code.
1. Permitted uses under the Licence and restrictions.
1.1. Permitted use. Subject to the terms and conditions of this License, You are granted a limited non-exclusive, free of charge, worldwide, revocable, non-transferable license to use this Software. To the extent that the Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which You own the copyright, or materials You are authorized or legally permitted to reproduce.
1.2. Restrictions. You may not, and You agree not to or enable others to, copy (except as expressly permitted by this License), attempt to derive the source code, modify, create derivative works of the Software or any services provided by Us in conjunction with the Software or any part thereof. This limitation shall not apply to the extent it is prohibited by applicable law.
1.3. Non-commercial use. The Licence is granted free of charge only to the extent that it is used for personal non-commercial purposes. For the avoidance of doubt, a legal entity, sole proprietor (individual entrepreneur, sole trader etc.), an unincorporated association, or partnership etc. (each a “Person”) may use the Software free of charge provided that the Person does not use the Software for generating income.
2. Transfer.
You may not rent, lease, lend, redistribute or sub-license the Software except with Our prior written consent.
3. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Us if You fail to comply with any term(s) of this License. Upon the termination of this License, You must cease all use of the Software and destroy all copies, full or partial, of the Software. Sections 1, 2 and 5 of this License shall survive any such termination.
4. Disclaimer of warranties.
4.1. Scope of applicability. If You are an individual using the Software for Your personal non-commercial purposes, below limitations may have limited applicability. Thus, the below limitations apply to the maximum extent permitted by law, including laws of country of Your residence. Seek independent legal advice in Your jurisdiction to obtain more information regarding Your rights.
4.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES PROVIDED USING THIS SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
4.3. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PROVIDED USING THIS SOFTWARE OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
4.4. WE DO NOT WARRANT:
4.4.1. THAT THE SOFTWARE AND SERVICES PROVIDED WITH THE USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS;
4.4.2. THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
4.4.3. THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE;
4.4.4. THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES;
4.4.5. THAT DEFECTS IN THE SOFTWARE (IF ANY) WILL BE CORRECTED.
4.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
5. Limitation of liability.
5.1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WE SHALL BE HELD LIABLE FOR PERSONAL INJURY, ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, VALUE OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION IN CLAUSE 5.1 MAY NOT APPLY TO YOU.
5.3. In no event shall Our total liability to You for all damages exceed (other than as may be required by applicable law in cases involving personal injury) the amount of ten (10) Euro. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. Third-party content.
6.1. Title and intellectual property rights in and to any content displayed by or through the Software belongs to the respective content owners. Such third-party content may be subject to copyright and/or any other intellectual property rights. This Licence does not grant You any licence over such third-party content and You should make sure You abide by the terms of third-party licence in relation to the third-party content.
6.2. You understand that by using the Software and services running with the use of the Software, You may encounter content performance of which may be limited or restricted in jurisdiction of Your residence, or jurisdiction in which You base when using the Software or services running using the Software. You agree to use the Software and services running using the Software at Your sole risk and that We shall have no liability to You for content that may be found to be so limited or restricted in a relevant jurisdiction.
6.3. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, You acknowledge and agree that We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We, Our officers, affiliates and subsidiaries do not warrant or endorse or assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties.
7. Controlling law and severability.
7.1. This License will be governed by and construed in accordance with the laws of England and Wales, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
7.2. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Entire agreement; governing language.
This License constitutes the entire agreement between You and Us and it supersedes all prior communications between You and Us regarding this subject matter. No amendment to or modification of this License will be binding on the Parties unless made in writing and signed by Us. Any translation of this License is for convenience purposes only and in the event of a dispute between the English and any non-English language versions of it, the English version of this License shall prevail, to the extent not prohibited by local law in Your jurisdiction.