1import React from 'react';
4const EulaText = () => (
5 <span className={'legal'}>
9 This agreement (these <b>“Terms”</b>) governs the terms under which you
10 may access and use the Wallet Generator software (the <b>“Software”</b>)
11 made available to you by Tlon Corporation (“Tlon”, <b>“we”</b> or{' '}
12 <b>“us”</b>). By clicking “I Accept,” or by downloading, installing, or
13 otherwise accessing or using the Software, you agree that you have read
14 and understood, and, as a condition to your use of the Software, you agree
15 to be bound by, the following terms and conditions.
20 BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE
21 ACCESSING OR USING THE SOFTWARE
23 , YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR
24 USE OF THE SOFTWARE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND
25 CONDITIONS (THESE “<b>TERMS</b>”). IF YOU ARE NOT ELIGIBLE, OR DO NOT
26 AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE
27 SOFTWARE. YOUR USE OF THE SOFTWARE, AND TLON’S PROVISION OF THE SOFTWARE
28 TO YOU, CONSTITUTES AN AGREEMENT BY TLON AND BY YOU TO BE BOUND BY THESE
34 <u>MATERIAL TERMS</u>: AS PROVIDED IN GREATER DETAIL IN THESE TERMS (AND
35 WITHOUT LIMITING THE EXPRESS LANGUAGE OF THESE TERMS), YOU ACKNOWLEDGE
44 WE DO NOT HOLD, BACK-UP OTHERWISE HAVE ANY ACCESS TO YOUR KEYS
45 (DEFINED IN SECTION 1), SO YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS
46 OF THE SAME, AND YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING ALL
47 INFORMATION NECESSARY TO ACCESS YOUR KEYS AND WALLET;
54 WE HAVE NO LIABILITY WHATSOEVER FOR ANY SECURITY PROBLEMS OR
55 INCIDENTS THAT YOU MAY EXPERIENCE IN CONNECTION WITH ANY USE OF THE
56 SOFTWARE, INCLUDING ANY LOSS OR THEFT OF YOUR KEYS OR ANY PROBLEMS
57 THAT MAY ARISE IN CONNECTION WITH YOUR WALLET;
64 THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND AND
65 OUR LIABILITY TO YOU IN CONNECTION WITH THE SAME IS LIMITED; AND
72 ALL DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED THROUGH
73 BINDING ARBITRATION AND YOU AND TLON ARE EACH WAIVING THE RIGHT TO A
74 TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
83 <b>Software Overview.</b> The Software is an interface that you can
84 use to generate a hierarchical deterministic wallet that enables the
85 creation of child keys from parent keys in a hierarchy (“Wallet”).
86 Those keys can be private keys or can involve a public Ethereum Wallet
87 address that can be used to send and receive Urbit address space in
88 transactions with third parties (such private keys and public
89 addresses, the “Keys”). The Software may only be used if you are
90 disconnected from the internet and will automatically close if it
91 detects an internet connection. Tlon recommends that you use the
92 Software only on an airgapped machine.
97 <b>Eligibility.</b> You must be at least 18 years old to use the
98 Software. By agreeing to these Terms, you represent and warrant to us
99 that: (a) you are at least 18 years old; (b) your registration and
100 your use of the Software is in compliance with any and all applicable
101 laws and regulations; and (c) that all information you submit in
102 connection with your download or use of the Software is truthful and
113 <b>Limited License.</b> Subject to your complete and ongoing
114 compliance with these Terms, Tlon grants you, solely for your
115 personal use, a limited, non-exclusive, non-transferable,
116 non-sublicensable, revocable license to install and use one object
117 code copy of the Software.
122 <b>License Restrictions.</b> Except and solely to the extent such
123 a restriction is impermissible under applicable law, you may not:
124 (a) reproduce, distribute, publicly display, or publicly perform
125 the Software; (b) make modifications to the Software; or (c)
126 interfere with or circumvent any feature of the Software,
127 including any security or access control mechanism. If you are
128 prohibited under applicable law from using the Software, you may
134 <b>Feedback.</b> If you choose to provide input and suggestions
135 regarding problems with or proposed modifications or improvements
136 to the Software (“<b>Feedback</b>”), then you hereby grant Tlon an
137 unrestricted, perpetual, irrevocable, non-exclusive, fully-paid,
138 royalty-free right to exploit the Feedback in any manner and for
139 any purpose, including to improve the Software and create other
140 products and services.
148 <b>Ownership; Proprietary Rights.</b> The Software is owned and
149 operated by Tlon. The visual interfaces, graphics, design,
150 compilation, information, data, computer code (including source code
151 or object code), products, software, services, and all other elements
152 of the Software (“<b>Materials</b>”) provided by Tlon are protected by
153 intellectual property and other laws. All Materials included in the
154 Software are the property of Tlon or its third party licensors. Except
155 as expressly authorized by Tlon, you may not make use of the
156 Materials. Tlon reserves all rights to the Materials not granted
157 expressly in these Terms.
163 <b>Third Party Software.</b> The Software may include or incorporate
164 third party software components that are generally available free of
165 charge under licenses granting recipients broad rights to copy,
166 modify, and distribute those components (“
167 <b>Third Party Components</b>”). Although the Software is provided to
168 you subject to these Terms, nothing in these Terms prevents,
169 restricts, or is intended to prevent or restrict you from obtaining
170 Third Party Components under the applicable third party licenses or to
171 limit your use of Third Party Components under those third party
178 <b>Prohibited Conduct.</b> BY USING THE SOFTWARE YOU AGREE NOT TO, AND
179 AGREE NOT TO ATTEMPT TO OR PERMIT ANY OTHER PERSON TO:
181 <ol className={'ls-alpha'}>
184 use the Software for any illegal purpose or in violation of any
185 local, state, national, or international law;
190 interfere with security-related features of the Software,
191 including by: (i) disabling or circumventing features that prevent
192 or limit use or copying of any content; or (ii) reverse
193 engineering or otherwise attempting to discover the source code of
194 any portion of the Software except to the extent that the activity
195 is expressly permitted by applicable law, or except to the extent
196 that Tlon has made such source code available to the public;
201 perform any fraudulent activity including impersonating any person
202 or entity, claiming a false affiliation, accessing any other
203 Software account without permission; or
208 sell or otherwise transfer the access granted under these Terms or
209 any Materials (as defined in Section 4) or any right or ability to
210 view, access, or use any Materials.
218 <b>Term, Termination and Modification of the Software.</b> These Terms
219 are effective beginning when you accept the Terms or first download,
220 install, access, or use the Software, and ending when terminated as
221 described in this Section. If you violate any provision of these
222 Terms, your authorization to access the Software and these Terms
223 automatically terminate. In addition, Tlon may, at its sole
224 discretion, terminate these Terms or suspend or terminate your right
225 to access to the Software, at any time for any reason or no reason,
226 with or without notice. Tlon reserves the right to modify or
227 discontinue the Software at any time (including by limiting or
228 discontinuing certain features of the Software), temporarily or
229 permanently, without notice to you. Tlon will have no liability for
230 any change to the Software or any suspension or termination of your
231 access to or use of the Software. Upon any termination of these Terms,
232 you must permanently delete all copies of the Software within your
233 possession or control, and Sections 3.3, 4, 8, 9, 10, 11, and 12 will
240 <b>Indemnity.</b> To the fullest extent permitted by law, you are
241 responsible for your use of the Software, and you will defend and
242 indemnify Tlon and its officers, directors, employees, consultants,
243 affiliates, subsidiaries and agents (together, the “Tlon Entities”)
244 from and against every claim brought by a third party, and any related
245 liability, damage, loss, and expense, including reasonable attorneys’
246 fees and costs, arising out of or connected with: (a) your use of, or
247 misuse of, the Software; and (b) your violation of any portion of
248 these Terms, any representation, warranty, or any applicable law or
249 regulation. We reserve the right, at our own expense, to assume the
250 exclusive defense and control of any matter otherwise subject to
251 indemnification by you (without limiting your indemnification
252 obligations with respect to that matter), and in that case, you agree
253 to cooperate with our defense of those claims.
259 <b>Disclaimers; No Warranties.</b>{' '}
262 THE SOFTWARE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE
263 SOFTWARE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TLON
264 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
265 RELATING TO THE SOFTWARE AND ALL MATERIALS AND CONTENT AVAILABLE
266 THROUGH THE SOFTWARE, INCLUDING: (A) ANY IMPLIED WARRANTY OF
267 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
268 ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF
269 COURSE OF DEALING, USAGE, OR TRADE. TLON DOES NOT WARRANT THAT THE
270 SOFTWARE OR ANY PORTION OF THE SOFTWARE, OR ANY MATERIALS OR CONTENT
271 OFFERED THROUGH THE SOFTWARE, WILL BE UNINTERRUPTED, SECURE, OR FREE
272 OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TLON DOES NOT
273 WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
276 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
277 FROM THE SOFTWARE OR TLON ENTITIES OR ANY MATERIALS OR CONTENT
278 AVAILABLE THROUGH THE SOFTWARE WILL CREATE ANY WARRANTY REGARDING ANY
279 OF THE TLON ENTITIES OR THE SOFTWARE THAT IS NOT EXPRESSLY STATED IN
280 THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT
285 YOU ARE SOLELY RESPONSIBLE FOR RECORDING AND SAFEGUARDING YOUR KEYS
286 AND ANY INFORMATION THAT YOU MAY NEED TO RECOVER THE SAME. YOU
287 UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SOFTWARE AT
288 YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR
289 ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
290 MOBILE DEVICE USED IN CONNECTION WITH THE SOFTWARE) OR ANY LOSS OF
291 DATA OR OTHER PROPERTY OR ASSETS YOU MAY OWN OR CONTROL IN
292 CONNECTION WITH YOUR USE OF THE SOFTWARE, KEYS OR WALLET, INCLUDING
293 ANY LOSS OF ACCESS TO YOUR WALLET OR KEYS.
297 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO
298 THE FULLEST EXTENT PERMITTED BY LAW. Tlon does not disclaim any
299 warranty or other right that Tlon is prohibited from disclaiming under
306 <b>Limitation of Liability</b>
309 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TLON
310 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
311 CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF
312 PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR
313 RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR
314 USE OR ANY OTHER PROBLEMS WITH, THE SOFTWARE, YOUR WALLET OR KEYS, OR
315 ANY MATERIALS OR CONTENT WITHIN THE SOFTWARE, WHETHER BASED ON
316 WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER
317 LEGAL THEORY, AND WHETHER OR NOT ANY TLON ENTITY HAS BEEN INFORMED OF
318 THE POSSIBILITY OF DAMAGE.
321 TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE SET
322 FORTH IN SECTION 11, THE AGGREGATE LIABILITY OF THE TLON ENTITIES TO
323 YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY
324 INABILITY TO USE ANY PORTION OF THE SOFTWARE OR OTHERWISE UNDER THESE
325 TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
328 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF
329 LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS
330 INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER
331 THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF
332 THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE
333 AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
334 LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY
335 FAILS OF ITS ESSENTIAL PURPOSE.
341 <b>Dispute Resolution and Arbitration</b>
346 <b>Generally.</b> In the interest of resolving disputes between
347 you and Tlon in the most expedient and cost effective manner, and
348 except as described in Section 11.2, you and Tlon agree that every
349 dispute arising in connection with these Terms will be resolved by
350 binding arbitration. Arbitration is less formal than a lawsuit in
351 court. Arbitration uses a neutral arbitrator instead of a judge or
352 jury, may allow for more limited discovery than in court, and can
353 be subject to very limited review by courts. Arbitrators can award
354 the same damages and relief that a court can award. This agreement
355 to arbitrate disputes includes all claims arising out of or
356 relating to any aspect of these Terms, whether based in contract,
357 tort, statute, fraud, misrepresentation, or any other legal
358 theory, and regardless of whether a claim arises during or after
359 the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY
360 ENTERING INTO THESE TERMS, YOU AND Tlon ARE EACH WAIVING THE RIGHT
361 TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
366 <b>Exceptions.</b> Despite the provisions of Section 11.1, nothing
367 in these Terms will be deemed to waive, preclude, or otherwise
368 limit the right of either party to: (a) bring an individual action
369 in small claims court; (b) pursue an enforcement action through
370 the applicable federal, state, or local agency if that action is
371 available; (c) seek injunctive relief in a court of law in aid of
372 arbitration; or (d) to file suit in a court of law to address an
373 intellectual property infringement claim.
378 <b>Arbitrator.</b> Any arbitration between you and Tlon will be
379 settled under the Federal Arbitration Act and administered by the
380 American Arbitration Association (“AAA”) under its Consumer
381 Arbitration Rules (collectively, “AAA Rules”) as modified by these
382 Terms. The AAA Rules and filing forms are available online at
383 www.adr.org, by calling the AAA at 1-800-778-7879, or by
384 contacting Tlon. The arbitrator has exclusive authority to resolve
385 any dispute relating to the interpretation, applicability, or
386 enforceability of this binding arbitration agreement.
391 <b>Notice of Arbitration; Process.</b> A party who intends to seek
392 arbitration must first send a written notice of the dispute to the
393 other party by certified U.S. Mail or by Federal Express
394 (signature required) or, only if that other party has not provided
395 a current physical address, then by electronic mail (“
396 <b>Notice of Arbitration</b>”). Tlon’s address for Notice is: Tlon
397 Corporation, 584 Market St. #56196, San Francisco, CA 94104. The
398 Notice of Arbitration must: (a) describe the nature and basis of
399 the claim or dispute; and (b) set forth the specific relief sought
400 (“<b>Demand</b>”). The parties will make good faith efforts to
401 resolve the claim directly, but if the parties do not reach an
402 agreement to do so within 30 days after the Notice of Arbitration
403 is received, you or Tlon may commence an arbitration proceeding.
404 All arbitration proceedings between the parties will be
405 confidential unless otherwise agreed by the parties in writing.
406 During the arbitration, the amount of any settlement offer made by
407 you or Tlon must not be disclosed to the arbitrator until after
408 the arbitrator makes a final decision and award, if any. If the
409 arbitrator awards you an amount higher than the last written
410 settlement amount offered by Tlon in settlement of the dispute
411 prior to the award, Tlon will pay to you the higher of: (i) the
412 amount awarded by the arbitrator; or (ii) $10,000.
417 <b>Fees.</b> If you commence arbitration in accordance with these
418 Terms, Tlon will reimburse you for your payment of the filing fee,
419 unless your claim is for more than $10,000, in which case the
420 payment of any fees will be decided by the AAA Rules. Any
421 arbitration hearing will take place at a location to be agreed
422 upon in San Francisco County, California, but if the claim is for
423 $10,000 or less, you may choose whether the arbitration will be
424 conducted: (a) solely on the basis of documents submitted to the
425 arbitrator; (b) through a non-appearance based telephone hearing;
426 or (c) by an in-person hearing as established by the AAA Rules in
427 the county (or parish) of your billing address. If the arbitrator
428 finds that either the substance of your claim or the relief sought
429 in the Demand is frivolous or brought for an improper purpose (as
430 measured by the standards set forth in Federal Rule of Civil
431 Procedure 11(b)), then the payment of all fees will be governed by
432 the AAA Rules. In that case, you agree to reimburse Tlon for all
433 monies previously disbursed by it that are otherwise your
434 obligation to pay under the AAA Rules. Regardless of the manner in
435 which the arbitration is conducted, the arbitrator must issue a
436 reasoned written decision sufficient to explain the essential
437 findings and conclusions on which the decision and award, if any,
438 are based. The arbitrator may make rulings and resolve disputes as
439 to the payment and reimbursement of fees or expenses at any time
440 during the proceeding and upon request from either party made
441 within 14 days of the arbitrator’s ruling on the merits.
446 <b>No Class Actions.</b> YOU AND TLON AGREE THAT EACH MAY BRING
447 CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY
448 AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
449 REPRESENTATIVE PROCEEDING. Further, unless both you and Tlon agree
450 otherwise, the arbitrator may not consolidate more than one
451 person’s claims, and may not otherwise preside over any form of a
452 representative or class proceeding.
457 <b>Modifications to this Arbitration Provision.</b> If Tlon makes
458 any future change to this arbitration provision, other than a
459 change to Tlon’s address for Notice of Arbitration, you may reject
460 the change by sending us written notice within 30 days of the
461 change to Tlon’s address for Notice of Arbitration, in which case
462 your account with Tlon will be immediately terminated and this
463 arbitration provision, as in effect immediately prior to the
464 changes you rejected will survive.
469 <b>Enforceability.</b> If Section 11.6 is found to be
470 unenforceable or if the entirety of this Section 11 is found to be
471 unenforceable, then the entirety of this Section 11 will be null
472 and void and, in that case, the parties agree that the exclusive
473 jurisdiction and venue described in Section 12 will govern any
474 action arising out of or related to these Terms.
482 <b>Miscellaneous.</b> Your use of the Software is subject to all
483 additional terms, policies, rules, or guidelines applicable to the
484 Software or certain features of the Software that we may post on or
485 link to from the Software (the “Additional Terms”). All Additional
486 Terms are incorporated by this reference into, and made a part of,
487 these Terms. You may not assign or transfer these Terms or your rights
488 under these Terms, in whole or in part, by operation of law or
489 otherwise, without our prior written consent. We may assign these
490 Terms at any time without notice or consent. The failure to require
491 performance of any provision will not affect our right to require
492 performance at any other time after that, nor will a waiver by us of
493 any breach or default of these Terms, or any provision of these Terms,
494 be a waiver of any subsequent breach or default or a waiver of the
495 provision itself. If any part of these Terms is held to be invalid or
496 unenforceable, the unenforceable part will be given effect to the
497 greatest extent possible, and the remaining parts will remain in full
498 force and effect. These Terms are governed by the laws of the State of
499 California without regard to conflict of law principles. You and Tlon
500 submit to the personal and exclusive jurisdiction of the state courts
501 and federal courts located within San Francisco County, California for
502 resolution of any lawsuit or court proceeding permitted under these
503 Terms. We are under no obligation to provide support for the Software.
504 In instances where we may offer support, the support will be subject
505 to published policies.
512export default EulaText;
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