Subject to the Purchaser’s compliance with its obligations herein, ePIC ASIC ASIA Limited (ePIC) grants to the Purchaser a limited, non-exclusive, non-transferrable, paid-up and royalty free license to ePIC’s and/or its Affiliates’ Intellectual Property Rights solely to use the Software Product(s) purchased by Purchaser for use with all ePIC Hardware Products, including the BlockMiner model 520i.
The terms “ePIC” refer to EPIC ASIC ASIA LIMITED, EPIC BLOCKCHAIN TECHNOLOGIES INC. and their affiliates, associates and/or subsidiaries.
ePIC Software Products include but are not limited to:
(a) Operating System Software;
(b) Operating Firmware;
(c) Web-based user applications;
(d) Hardware management tools;
(e) Diagnostic tools.
(1) At its sole option. ePIC may from time to time provide updates to Software. Updates will be made available on http://www.epicblockchain.io or through ePIC GitHub repository. Additionally, ePIC may provide Software on external media such as SD cards for convenience of distribution.
(2) The Purchaser shall in no event violate, misappropriate or infringe on the Intellectual Property Rights of ePIC and/or its licensors, including by engaging in any of the following:
(a) reverse engineering, modifying, adapting, translating, or creating any derivative work based on all or any part of the Product; or
(b) using the Products in violation of any Applicable Law.
(3) Notwithstanding the above, Purchaser may resell, assign, lease or otherwise transfer any Product to a third party provided Software is limited to use with ePIC products.
(4) If applicable, payment by the Purchaser of non-recurring charges to ePIC for any customization, special designs, or engineering charges to ePIC’s Products shall not be construed assignment from ePIC to the Purchaser of title to the design or special materials. ePIC shall be the sole owner of such special designs, engineering, Software or other Intellectual Property.
(5) Software is provided on an as is basis. ePIC assumes no responsibility or liability for omissions and errors or financial implications arising from use of Products. No explicit warranties or representations are provided by ePIC as to fitness for purposes of this License.
(6) Software Fees paid by Purchaser are non-refundable.
(7) If Purchaser does not agree to terms of the Software License, Purchase may remove ePIC Software and elect to use third party software.
(8) This License shall be solely governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein. Each Party irrevocably attorns and submits to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto (and appellate courts therefrom) and waives objection to the venue of any proceeding in such court or that such court provides an inappropriate forum.
(9) Downloads from ePIC’s GitHub repository are subject to additional licensing terms. Please read the End-User License Agreement (the “Agreement”) carefully before downloading, installing, or using ePIC Software.