LICENSE.txt

This End User License Agreement (“Agreement”) is a contract between you and BitTitan, Inc. ("BitTitan," "we" or "us") for the BitTitan software (the "Software"). 
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE SOFTWARE. BY CLICKING "I ACCEPT" OR BY INSTALLING, COPYING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. 

1. Software License

Subject to the terms of this Agreement and your compliance with the Terms of Service that governs your use of the BitTitan website at www.BitTitan.com ("Site") or related services ("Service"), we grant you a non-exclusive, non-transferable license to install and use one copy of the Software in object code form only on a single personal computing device solely to access and use the Service for your own personal or internal business use. Any BitTitan software that updates, supplements or replaces the original Software is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms. 

2. License Limitations

The preceding states the entirety of your rights with respect to the Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) distribute, license or sell the Software; (b) use the Software for any purpose other than your own personal or internal business use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the Software; (d) modify, alter or create any derivative works of the Software; or (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software. 

3. Ownership

The Software is the valuable property of BitTitan and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Software, including all copyright and other intellectual property rights in the Software. 

4. Disclaimers

THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. BITTITAN DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SOFTWARE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BITTITAN DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS OR THAT THE SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER. BITTITAN SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY SERVICE THAT THE SOFTWARE IS INTENDED TO ACCESS. 

5. Indemnification

You agree to defend and indemnify BitTitan, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents ("BitTitan Parties"), from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of, or inability to use, the Software. 

6. Limitation of Liability

IN NO EVENT SHALL ANY OF THE BITTITAN PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SOFTWARE, EVEN IF A BITTITAN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BITTITAN PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE SOFTWARE EXCEED THE COMPENSATION YOU HAVE PAID, IF ANY, TO BITTITAN FOR ONE MONTH OF THE SERVICE. 

7. Termination

BitTitan may terminate this Agreement at any time, with or without cause, immediately upon notice to you. BitTitan may also discontinue the Service with which the Software is used, in which case this Agreement shall terminate automatically without notice. You may terminate this Agreement by cancelling your BitTitan Service account opened in connection with your use of the Software and deleting all copies of this Software in your possession or control. In the event of the termination of this Agreement for any reason: (a) the license granted to you in this Agreement will terminate; (b) you must immediately cease all use of the Software and destroy or erase all copies of the Software in your possession or control; and (c) Sections 3 (Ownership), 4 (Disclaimers), 5 (Indemnification), 6 (Limitation of Liability), 7 (Termination), 8 (Governing Law; Jurisdiction) and 9 (General) will survive any such termination. Termination of this Agreement by either party shall automatically constitute termination of the Terms of Service, and in the event the Service is terminated for any reason, this Agreement shall be terminated automatically without notice to you. 

8. Governing Law; Jurisdiction

Unless expressly prohibited by local law, this Agreement is governed by the laws of the State of Washington, without regard to any conflict of law principles to the contrary. You hereby irrevocably consent to jurisdiction of the state and federal courts located in King County, Washington with respect to any proceeding regarding this Agreement or the Software. You will not prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement or the Software except in such courts. 

9. General 

(a) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.

(b) Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of BitTitan, and any attempted assignment without such consent shall be void. 

(c) Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by the party to be bound thereby.