RAZER SOFTMINER END USER LICENSE AGREEMENT

Agreement. Razer Inc. and our affiliates (“Razer”) are willing to license this software program and any related documentation (collectively “Software”) to you only on the condition that you accept all of the terms contained in this End User License Agreement (“Agreement”). By continuing to install, or by using the Software in any way, you agree to be legally bound by the terms of this Agreement as of this date (“Effective Date”). If you do not agree to be bound, do not continue to install or use the Software.

You understand that for reasons that include, without limitation, system security, stability, and multiplayer interoperability, Razer may need to automatically update, pre-load, create new versions or otherwise enhance the Software and accordingly, the system requirements to use the Software may change over time. You agree that the terms of this Agreement apply to all such updates, new versions or other enhancements of the Software.

You further agree that you are not entitled to, and Razer has no obligation to provide you with, future updates, new versions or other enhancements of the Software, although Razer may choose to provide such updates in its sole discretion.

Some of Razer’s Software may be only fully usable in conjunction with the use of additional Razer services. If this applies, the terms for such additional services must be accepted separately.

Service and Software Overview. The Software, related applications and services provided to you in connection with the Software (“Service”) harnesses your computer’s processing power towards the mining of alternative tokens, and allows you to earn Razer Silver or such other virtual credits, content or rewards as Razer may determine in its sole discretion from time to time (“Virtual Credits”) by using the Service. For the avoidance of doubt, Razer Silver is not cryptocurrency, and you will not receive any cryptocurrency or alternative tokens by using the Service. The allocation, distribution, use and redemption of Virtual Credits are also subject to such terms and conditions as Razer may prescribe from time to time (including the Razer Gold and Silver Terms of Service: https://gold.razer.com/terms).

Razer makes no guarantee as to the nature, quality or value of the features of the Service, Software or any third-party content, goods or services that will be accessible through the use of the Virtual Credits, or the availability, supply, or redeemability of such Virtual Credits. Razer reserves the right, without prior notification, to limit the quantity of Virtual Credits and/or to refuse to provide you with any Virtual Credits. Price, exchangability, and availability of Virtual Credits are determined by Razer in its sole discretion and are subject to change at any time without notice.

Razer shall have no liability for hacking or loss of any Virtual Credits allocated or distributed to you through the Service. Razer shall have no obligation to, and will not, reimburse you for any Virtual Credits or any content, goods or services obtained via such Virtual Credits that are lost due to your violation of this Agreement. You agree that Razer shall have the absolute right to manage, distribute, regulate, control, modify, and eliminate such Virtual Credits as Razer sees fit in its sole discretion, and Razer shall have no liability to you whatsoever for exercising such right. You agree that under no circumstances will Razer be liable to you for any damages or claims that may arise from the loss or use of your Virtual Credits regardless of the circumstances.

Grant of License. Subject to your complete and ongoing compliance with this Agreement, Razer grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to (i) install and use one object code copy of any application associated with the Service or Software on your home computer or on a device that you own or control; and (ii) access and use the Service. . The Software is licensed and not sold to you and may only be used in a manner consistent with the terms of this Agreement. No other rights are granted.

Restrictions. You shall not directly or indirectly, in whole or in part, copy, photocopy, reproduce, translate, decompile, disassemble, reverse-engineer, modify, make derivative works from or remove any proprietary notices or labels from the Software in any way except as allowed by law or with Razer’s prior written consent or as required under any open source licenses which the Software is subject to. You shall not use the Software commercially (including selling, renting or licensing the use of the Software to others, whether or not profit is derived).

In addition, you agree not to (or assist or permit any person to): (i) use the Service and/or Software for any illegal purpose or in violation of any local, state, national, or international law; (ii) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (iii) interfere with security-related features of the Service (including by (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Software); (iv) interfere with the operation of the Service or any user’s enjoyment of the Service (including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service); (v) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; (vi) sell or otherwise transfer the access granted under this Agreement or any visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, or any other elements of the Service (or any right or ability to view, access, or use any of the foregoing).

In the event of any violation of these terms, this Agreement and your rights to use the Software and Service shall automatically terminate, and you must uninstall, delete and/or destroy all copies of the Software in your possession.

Ownership, Copyright and Intellectual Property. Unless expressly stated herein, all title, ownership rights and intellectual property rights (including, without limitation, copyright and patent rights, whether registered or unregistered) concerning the Software or Service are owned by and remain the property of Razer (and/or its licensors) and are protected by national and international laws. Unless expressly stated herein, this Agreement does not give you any rights to the Software. Razer reserves all rights not expressly granted to you.

Third Party Content/libraries. The Software may display content that is not created by us, but by other third parties, including other users of the Software. This content is the property of the respective owners or licensors. This content is also the sole responsibility of the person or entity that uploads the content or otherwise makes it available. We do not claim or assert any rights, title or interest in this third party content, nor do we assume any responsibility or liability for such content. We have the right to review content to determine whether it is illegal or violates our policies, and to remove or refuse to display content that we reasonably believe violates our policies or the law. However, we do not warrant that we will review, screen or remove such content, and have no obligation to you to do so. Where we display, upload or make available any third party content in our Services or Software, we do not claim ownership to such content. The Software also includes third party libraries (as listed below) that are not created by us, but by other third parties. Such libraries are the properties of the respective owners or licensors. We do not claim or assert any ownership rights in such libraries, nor do we assume any responsibility or liability for such libraries.

Third Party Libraries:

Sgminar - GPL v3

Ethminer - GNU 3.0

XMR-STAK - GNU 3.0

Ccminer Nanashi - GNU 3.0

Third Party Software. The Software may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to this Agreement, nothing in these this Agreement prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

Third Party Services. Except where indicated, Razer is not affiliated to any third party sites displayed in the Software. The accessing of such third party sites, use and purchase of all merchandise or games titles through the third party sites are subject to the Terms of Use/Service of those respective sites.

In addition, you may be provided with tools through the Service that enable you to export information to third party services, including through features that allow you to link your account with an account on the third party service, such as Twitter or Facebook, or through Razer’s implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Razer may transfer that information to the applicable third party service. Third party services are not under Razer’s control, and, to the fullest extent permitted by law, Razer is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Razer’s control, and Razer is not responsible for their content.

DISCLAIMER OF WARRANTIES. RAZER PROVIDES THE SOFTWARE AND SERVICE “AS IS” AND MAKES NO WARRANTIES THAT THE USE OF THE SOFTWARE OR SERVICE WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS (INCLUDING ANY OTHER THIRD PARTY RIGHTS). ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. RAZER DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR UNDERTAKING REGARDING THE SOFTWARE OR SERVICE OR THEIR EFFECTIVENESS, QUALITY, FITNESS FOR PURPOSE OR THAT IT IS FREE FROM ANY DEFECT OR ERROR OR OF SATISFACTORY QUALITY. RAZER DOES NOT MAKE OR GIVE ANY REPRESENTATION OR GUARANTEE THAT THE SOFTWARE OR SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND RAZER DISCLAIMS ANY LIABILITY RELATING THERETO. ALSO, THERE IS NO WARRANTY OF TITLE, WARRANTY OF FREEDOM OF INTERFERENCE WITH YOUR ENJOYMENT, WARRANTY OF AUTHORITY IN CONNECTION WITH THE SOFTWARE, SERVICE OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. NOTE ALSO THAT KEEPING YOUR COMPUTER AND THE SERVICE RUNNING MAY LEAD TO INCREASED USE OF ELECTRICITY (OR OTHER UTILITIES), AND/OR WEAR AND TEAR TO YOUR COMPUTER OR SYSTEMS (OR PART THEREOF). THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY. RAZER SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE OR WEAR AND TEAR TO YOUR COMPUTER OR SYSTEM (OR ANY PART THEREOF), COSTS OR EXPENSES (INCLUDING COST OF ELECTRICITY OR OTHER UTILITIES), LOST PROFITS, LOSS OF INFORMATION OR DATA, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING IN ANY WAY OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE.

BETA DISCLAIMER. THE FOLLOWING SECTION SHALL APPLY IF THE SOFTWARE IS LABELED OR OTHERWISE INDICATED AS BETA SOFTWARE:

BETA SOFTWARE MAY CONTAIN PROGRAMMING ERRORS, BUGS OR OTHER DEFECTS. A PRIMARY PURPOSE OF RAZER PROVIDING THIS BETA SOFTWARE TO YOU IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. ANY FEEDBACK YOU PROVIDE TO RAZER WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY:
http://www.razer.com/legal/customer-privacy-policy

YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. RAZER IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT TO YOU, AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

Indemnification. You agree to defend, indemnify and hold harmless Razer from all liabilities, claims and expenses (including attorneys’ fees) that arise from or in connection with your breach of this Agreement or your use or misuse of the Software or Service. Razer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Razer in that matter.

Applicable Law. You agree that this Agreement shall be deemed to have been made and accepted in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of California. Subject to the section “Dispute Resolution; Binding Arbitration; Class Action Waiver”, you agree that any claim asserted in any legal proceeding by you against us shall be exclusively commenced and maintained in any state or federal court located in San Francisco, California, and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

Data Protection and Privacy.

The privacy policy mentioned above (“Privacy Policy”) applies to Razer's collection of personal and other information through the Software and/or Service, and the use and disclosure of such information. You acknowledge that you have read the Privacy Policy and agree with the terms stated in the Privacy Policy.

1. Dispute Resolution; Binding Arbitration; Class Action Waiver.
   
   
   1. Notice. In the event of any dispute or claim relating to the Software, Service or this Agreement, you or Razer shall give the other party a notice of dispute listing the complaining party’s name, address and contact information, and summarizing the facts and the relief requested. You shall send notices of dispute to us at [email protected] and insert ‘Razer Software Dispute’ in the subject header of the email. We will send notices of dispute to you to your address if we have it, and otherwise to your email address. Each party shall make reasonable, good faith efforts to resolve any dispute or claim within 60 days from the date the notice of dispute is sent.
      
      
   2. Binding Arbitration and exceptions; Opt-Out; Nature of Arbitration. If we are unable to reach a mutually satisfactory resolution within 60 days of the date of notice of dispute, then we shall proceed to arbitration, except arbitration shall not be used and the parties may address their dispute in court where (i) there is an intellectual property dispute such as a claim of infringement or other violation of intellectual property rights; (ii) small claims court requirements are satisfied; or (iii) applicable law prohibits arbitration. In addition, at any time within 60 days of the Effective Date, you may opt out of arbitration by sending us a written, postage paid notice of opt-out with your name, user name, email address and mailing address at: 201 Third Street, Suite 900, San Francisco, CA 94103, USA. You may also bring your dispute or claim to the attention of any applicable Federal, State or local government agency that has authority by law to seek a remedy from us for you.
      Arbitration is a proceeding before a neutral arbitrator instead of before a court or jury. Arbitration is less formal and requires more limited discovery than a court proceeding. EXCEPT AS PROVIDED ABOVE, YOU AND RAZER AGREE TO RESOLVE IN BINDING ARBITRATION ALL DISPUTES AND CLAIMS RELATED TO AND/OR ARISING FROM THE SOFTWARE, SERVICE AND/OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE DISPUTES AND CLAIMS ARE BASED. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
      
      
   3. Arbitration Procedure and Rules. The Federal Arbitration Act (the “FAA”) shall apply to the arbitration, which shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and where applicable, the Supplementary Procedures for Consumer-Related Disputes. See www.adr.org for more information. The arbitration may be conducted through the submission of documents, by phone or in person in the county where you live or in San Francisco, California. The decision of the arbitrator shall be final, except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
      
      
   4. Class Action Waiver. PROCEEDINGS TO RESOLVE OR LITIGATE OR ARBITRATE ANY DISPUTE SHALL BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR RAZER SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS OR REPRESENTATIVE ACTION OR COLLECTIVE ARBITRATION OR IN ANY OTHER PROCEEDING IN WHICH A PARTY ACTS IN A REPRESENTATIVE CAPACITY. NO ARBITRATION SHALL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES. AN ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF AN INDIVIDUAL PARTY SEEKING RELIEF AND NOT IN FAVOR OF ANY CLASS.
      

General. If any term herein is held to be invalid or unenforceable, then such term (in so far as it is invalid or unenforceable) shall be given no effect and deemed to be excluded without invalidating any of the remaining terms. This Agreement constitutes the entire understanding with respect to the use of the Software and Service. Razer reserves the right to amend this Agreement at any time without notice.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided to the U.S. Government with restricted rights and limited rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth below. The Software is a "Commercial Item", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, 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 only those rights as are granted to all other end users pursuant to the terms and conditions herein.