Software License Agreement
PLEASE CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) BEFORE USING THE ATLAS SOFTWARE. BY ACTUALLY USING THE ATLAS SOFTWARE, YOU ARE IN FACT AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE ATLAS SOFTWARE.
The Atlas software, and any third party software, documentation, literature, interfaces, content, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (Atlas Software) are licensed and not sold, to you by Atlas Core LLC (Atlas) for use only under the terms of this License. Atlas and Atlas’s licensors retain ownership of the Atlas Software itself and reserve all rights not expressly granted to you.
Atlas, within its discretion, may make available future upgrades or updates to the Atlas Software for your Atlas branded hardware products (Atlas Hardware). Any Atlas Software upgrades and updates, may not include all existing software features or new features that Atlas releases for newer or other models of Atlas devices, Atlas Hardware or other versions of the Atlas operating system software. The terms of this License will govern any software upgrades or updates supplied by Atlas to the original Atlas Software, unless such upgrade or update is accompanied by a separate license where you agree that the terms of that license will govern such upgrade or update.
2. License Uses and Restrictions.
- License. Simply stated and subject to the terms and conditions of this License, you are granted a limited, non- transferable, non-exclusive license to install and use one copy of the Atlas Software on any Atlas hardware that you own or control during the term of this License. You may not distribute or make the Atlas Software available over a network where it could be used by multiple devices simultaneously. You may not rent, lease, lend, loan, sell, redistribute, or sublicense Atlas Software.
- System Requirements. Atlas Software is supported only on Atlas compatible hardware and operating system software that meets specified system requirements as stated by Atlas.
- No Reverse Engineering. You shall not, and you specifically agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify, or create derivative works of the Atlas Software, or any part thereof (except as and only to the extent any such restriction is prohibited by applicable law or to the extent as allowed by the licensing terms governing use of open-source components that may be included with the Atlas Software).
- Compliance with Laws. You agree to use the Atlas Software in compliance with all applicable laws, including local laws of the country or region in which you reside or where you download or use the Atlas Software. Features of the Atlas Software may not be available in all languages or regions and some features may vary by region locale by locale.
3. Consent to Use of Data.
- Diagnostic and Usage Data. If you opt-in to diagnostic and usage collection, you understand and agree that Atlas and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including, but not limited to, unique system or hardware identifiers, information about your Atlas compatible hardware, Atlas Hardware Atlas miner, Atlas miner equipment, computer, system and application software, and peripherals, that is gathered periodically to provide and enhance Atlas’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Atlas Software, and to verify compliance with the terms of the License. Atlas may use this information, as long as it is maintained in a form that does not personally identify you, for the uses described above. To enable Atlas’s partners and third party developers to improve their software, hardware and services designed for use with Atlas products, Atlas may also provide a partner or third party developer with a subset of diagnostic information that is relevant to the partner’s or developer’s software, hardware and/or services, so long as the diagnostic information is in a form that does not personally identify you.
This License has a term that is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Atlas if you fail to comply with the terms of the License. Upon the termination of the License, you shall stop all use of the Atlas Software and destroy all copies, whether full or partial, of the Atlas Software. However, Sections 3, 4, 5, 6, 7, 9 and 10 of this License will survive any termination.
5. Disclaimer of Warranties.
- If you are a consumer customer who is a consumer who uses Atlas Software for non-business purposes, you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and such limitations will not apply to you. Contact a consumer advocacy organization to discover about your consumer rights.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, USE OF THE ATLAS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH ATLAS SOFTWARE IS AT YOUR RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EXPECTATIONS AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ATLAS SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ATLAS AND ATLAS’S LICENSORS (COLLECTIVELY REFERRED TO AS “ATLAS” FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ATLAS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, EXPECTATIONS, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- ATLAS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ATLAS SOFTWARE, THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, ATLAS SOFTWARE WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, THE OPERATION OF THE ATLAS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THE ATLAS SOFTWARE WILL BE CORRECTED, OR ATLAS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
- YOU FURTHER ACKNOWLEDGE THAT THE ATLA SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, ATLAS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS OF WHICH THE DAMAGE FROM SUCH WOULD BE SEVERE.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATLAS SHALL CREATE A WARRANTY. SHOULD THE ATLAS SOFTWARE BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, REMEDY OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SUCH EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
TO SUCH THAT IS NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ATLAS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES AT ALL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OF ATLAS SOFTWARE OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH ATLAS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ATLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SUCH THAT ATLAS IS NOT LIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATION MAY NOT APPLY TO YOU. Regardless and in no even will Atlas’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose as such.
7. Export Control.
You may not use or otherwise export or re-export the Atlas Software except as authorized by United States law and the laws of the jurisdiction or jurisdictions in which the Atlas Software was secured. Atlas Software may not be exported or re-exported (a) into any U.S. embargoed countries as per the law or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists as provided by law. By using the Atlas Software, you represent and warrant that you are not located in any described country or on any such relevant list. You also specifically agree that you will not use the Atlas Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons or any such dangerous and harmful weapon or weapons.
8. Government End Users.
The Atlas Software and related documentation are “Commercial Items”, as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as relevant. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as relevant, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with those rights as granted to all other end users pursuant to the terms and conditions of this website. Unpublished-rights are reserved under the copyright laws of the United States.
9. Controlling Law and Severability.
This License will be governed by and construed with the laws of the State of Washington, 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 hereby excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence by law. If a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License will continue in full force and effect.
10. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and Atlas relating to the Atlas Software, and supersedes any and all understandings period ever regarding such subject matter. No amendment or modification of the License will be binding unless in writing and signed by Atlas. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License will rule and prevail, to the extent not prohibited by local law in your jurisdiction.
11. Third Party Acknowledgements.
Parts of the Atlas Software may and probably utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for any and all such material are contained in the electronic documentation for the Atlas Software, and your use of this material is governed by their terms.