licenses: Add excavator-EULA

https://github.com/nicehash/excavator/blob/master/excavator-EULA.txt

Signed-off-by: Alexey Sokolov <alexey+gentoo@asokolov.org>

1 files changed, 258 insertions, 0 deletions

diff --git a/licenses/excavator-EULA b/licenses/excavator-EULA
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+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.