PROVISIONS. BY USING THIS SOFTWARE, YOU AGREE TO ALL OF THESE PROVISIONS.
1. Introduction. This End-User License Agreement (“EULA”) sets forth the provisions under which Massive Computing, Inc. (“Massive”) is willing to grant to you (“You” or “you”), certain licenses to Software as Massive initially or subsequently provides, such as an update, upgrade, or new product offering, as is detailed in Section 4 (“Client Software”). Massive works with Authorized SDK Partners, who provide a clear method and explanation for opting-in and opting-out of Client Software. Any suspicious activity should be reported immediately to email@example.com.
Computational resources will be used to generate revenue for Massive and Authorized SDK Partners in exchange for premium services provided to you.
1.11 An “Authorized SDK Partner“ is a partner that provides access to Authorized SDK Partner’s software, a premium feature, or enrollment in a sweepstakes to you (“Client”) in exchange for their opting in to use the Client Software.
1.12 “Client Software” is Massive-provided software that generates revenue from computing resources (e.g. CPU, GPU, bandwidth, RAM, storage, or IP address).
1.13 “Computing Resources” can include CPU, GPU, bandwidth, RAM, storage or other resources, without the need for Client’s PII (as defined below). Use-cases for Computing Resources include assisting in the location of Bluetooth-enabled IoT devices, running scientific simulations, mining cryptocurrency, processing images and videos, and rendering 3D models.
BY CLICKING “I AGREE”, OR BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT, YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR STATE, PROVINCE JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT AND (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE EULA, DO NOT USE THE SOFTWARE PRODUCT.
We may change this EULA from time to time by notifying you of such changes by any reasonable means, including by posting a revised EULA through the our web site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised EULA incorporating such changes, or otherwise notified you of such changes.
2. Limited License. Massive grants you a royalty-free, revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Client Software solely on multiple Mobile Devices and Desktop Computing Devices owned and controlled by You, and to access and use the Client Software on such Mobile Device and/or Desktop Computing Device for your own use and strictly in accordance with the terms and conditions of this EULA.
2.1. Client Software Specifications. Massive allows Authorized SDK Partners to provide premium services, upgrades, and products (e.g. ad-free viewing on a website, premium upgrades in a software or browser extension on a desktop computer or smartphone, premium in-game items and power-ups) in exchange for their Clients computing resources. Client Software uses Client’s computing resources to generate revenue, which is used to compensate Massive for providing the Software and Authorized SDK Partner for providing the premium services, upgrades, and products in exchange for which Clients opt in. Client expressly authorizes Massive to access and use Client’s Computing Resources, through Client Software, as described in this EULA, including for purposes of generating revenues for Massive.
2.2. Resource Usage. Massive aims to use Computing Resources in a manner that is imperceptible to the Client. Also being used is a little bit of electricity, for which Client is responsible to pay according to local electricity rates, however this cost is also designed to be imperceptible. Any noticeable Computing Resource utilization or electricity costs emanating from use of Client Software should be immediately reported to firstname.lastname@example.org.
3. Restrictions on Use. You shall use the Client Software strictly in accordance with the terms of the EULA and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Client Software except to the extent that such prohibition is prohibited under applicable law; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Client Software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Massive or its affiliates, partners, suppliers or licensors of the Client Software; (e) use the Client Software for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended (f) make the Client Software available over a network or other environment permitting access or use by multiple Mobile Devices and/or Desktop Computing Devices simultaneously unless all the devices are owned by You; (g) use the Client Software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Massive; (h) use the Client Software to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Massive or other intellectual property of Massive in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Client Software.
3.1. Ownership of Revenue Generated by Client Software. Massive may utilize Client Software to generate revenue from Your Computing Resources, including by mining cryptocurrencies. You will not receive nor attain rights in the mined cryptocurrencies or other revenue generated from the use of Your Computing Resources. You acknowledge that you have no rights or ownership of any cryptocurrencies mined by Massive or to other revenue generated from the use of Your Computing Resources.
4. Maintenance and Updates. Starting upon delivery of the Client Software, Massive may maintain the Client Software on an ongoing basis, by auto-updating to the newest version., to ensure computing resource usage is efficient and secure for the Client. Massive shall provide Client with copies of all new versions, updates, and upgrades of the Client Software (collectively, “Upgrades”) as it sees fit, without additional charge, promptly after commercial release. Upon delivery to Client, Upgrades will become part of the Client Software and will be subject to the provisions of Section 2 and the other provisions of this Agreement. Software may be updated automatically or Client may have to download updates to stay current, at which point the Client will be notified by Massive or Authorized SDK Partner. If the Client refuses to use the Upgrades that Massive makes available to Client, then Massive may terminate this EULA.
5. Term and Termination. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly accepted the agreement. This agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Term-based licenses continue in perpetuity until you or Massive terminate the Agreement. Massive has to terminate the license agreement for any reason at any time. Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case Massive may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by toggling or turning off, pausing, quitting, or uninstalling the application through which you enabled the Software and ceasing use of the Software.
5.1. Change in Law. You hereby acknowledge that: (i) the state of the law with respect to digital assets is unsettled; and (ii) subsequent to July 2, 2019, new or changes in existing applicable laws or changes in the interpretation of existing applicable laws (a “Change in Law”) may hold that Client Software, and/or the structure of the economic terms hereunder is not permissible. If a Change in Law holds that the operation of the Client Software is not permissible, frustrates the purpose of this EULA, or imposes a material obligation on Massive or the Authorized SDK Partner that the Massive or the Authorized SDK Partner cannot address on commercially reasonable terms after using reasonable, good-faith efforts, Massive may terminate the Client Software without notice and without further liability to You.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MASSIVE OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTING WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE CLIENT SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MASSIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MASSIVE’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6.1. Cryptocurrency Mining. By agreeing to this EULA, You acknowledge the risks associated with cryptocurrency mining, including but not limited to, the potential damage to your computer hardware, deterioration in the computer usage, increase in your electricity usage and costs associated therein, changes to prices and exchange rates, legislative risk (i.e. changes to laws regarding mining and transmission of cryptocurrencies) and potential cyberattacks from those not associated with the Authorized SDK Partner and Massive. The Authorized SDK Partner and Massive are not liable for any damage or loss associated with your use of the Client Software.
7. WARRANTY DISCLAIMER. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW AND FOR THE SOLE LIMITED WARRANTY EXPRESSLY GRANTED TO YOU IN SECTION 8, THE CLIENT SOFTWARE IS LICENSED “AS IS,” AND MASSIVE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, FOREGOING, MASSIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH FUTURE MASSIVE PRODUCTS, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE SOFTWARE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
8. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and are proprietary to Massive, and the Software is protected under United States copyright and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and Massive, Massive and its third party licensors own and shall continue to own all right, title, and interest in and to the Software, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, non-exclusive, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or any other intellectual property rights of Massive, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Massive uses in connection with the Software or with services rendered by Massive are marks owned by Massive. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
9. Force Majeure. No delay, failure, or default, other than a failure to pay fees (if any) when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond Massive’s or Authorized SDK Partner’s reasonable control.
10. MISCELLANEOUS. This Agreement will be construed in accordance with the laws of the State of New York without giving effect to any choice of law rule. All disputes, suits, actions or proceedings relating to this EULA shall be brought solely in the state or the federal courts located in the Borough of Manhattan, New York. This Agreement may only be modified in writing by authorized representatives of the parties. All notices required or authorized under this Agreement must be in writing and shall be sent, as applicable, to Massive at: Massive, Attn: Legal Department, 2093 Philadelphia Pike #1787, Claymont, Delaware 19703 USA. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse.
The website for Massive Computing, Inc. is here. Our postal address is:
2093 Philadelphia Pike #1787
Claymont, Delaware 19703
11. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.