PLEASE READ CAREFULLY BEFORE DOWNLOADING APPLICATIONS FROM THIS WEBSITE:
IMPORTANT NOTICE TO ALL USERS:
BY DOWNLOADING THE APPLICATION FROM OUR WEBSITE THE TERMS OF THIS LICENCE WILL APPLY TO YOU.
You may print a copy of this Licence for future reference.
This licence agreement (Licence) is a legal agreement between you (User or you) and Minimum Spanning Technologies Limited of International House, 24 Holborn Viaduct London, EC1A 2BN United Kingdom (Arweave, us or we) for:
The Arweave wallet/archiving tool and the Arweave Deploy tool (Application); and
Any online materials associated with installing and using the Application (e.g. user guides, tutorials) (Guide or Guides).
We license use of the Application and Guide to you on the basis of this Licence. We do not sell the Application or Guides to you. We remain the owners of the Application and Guides at all times.
SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Application and the Guides on the terms of this Licence. You may download, install and use the Application, transfer the Application from one computer to another; and use our Guides in support.
INTELLECTUAL PROPERTY RIGHTS
The Application is provided to you and all users as an open-source software product under the GNU General Public Licence v2, the source code for which can be downloaded from Arweave’s public Github repository.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL WE AS AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
By using the Application for the first time (and each time that you then use it) you acknowledge that:
the Application is a tool enabling data to be uploaded to the Arweave public access network, but your right and ability to make any upload is entirely outside our control and depends (among other factors) on the availability of storage capacity which is provided by other independent Users and not by Arweave, protocols applicable to data storage in the network and the facilitation of each upload by determination of the current community of Users of the network;
we give no assurance whatever that the network will be available for any specific time, or that storage capacity at least equivalent;
the network may be unavailable for various reasons including (i) hardware or software failure, malfunction or outages; (ii) misuse of the Application or the network by other Users; or (iii) an Event Outside Our Control.
This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Application and Guides. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Application and Guides which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
This Licence sets out the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
STORAGE OF DATA
Each time that you use the Application, it is your responsibility alone to make sure that you have all necessary rights with regard to any data, information or other material (“Stored Material”) which you choose to post or upload to the Arweave network.
WE DO NOT OWN, CONTROL OR ENDORSE ANY STORED MATERIAL THAT IS POSTED, TRANSMITTED, STORED, OR PROCESSED IN THE ARWEAVE NETWORK. WE DO NOT HAVE THE LEGAL RIGHTS OR TECHNICAL ABILITY TO MODIFY OR REMOVE (IN WHOLE OR PART) ANY STORED MATERIAL.
We do not:
claim any ownership over or other rights in the Stored Material you post or upload to the Arweave network
monitor postings to the network for compliance with (or infringement of) 3rd party rights; or
monitor postings to the network for compliance with (or breach of) the commitments you agree to about the nature of Stored Material (see next sections).
Each time that you use the Application to post or upload to the Arweave network, you make a commitment to us and to all other Users that you have all necessary rights with regard to the data, information or other material comprised in that Stored Material. Specifically, you are solely responsible to ensure that your Stored Material will not violate any agreements or confidentiality obligations, and will not infringe any intellectual property right or other legal right, including the right of privacy, of any person or entity.
Each time that you use the Application to post or upload to the Arweave network, you make a commitment to us and to all other Users that you will not (and will not knowingly allow others to) create, post, share or store Stored Material that is libellous, defamatory, harassing, threatening, or invasive of privacy rights.
You acknowledge that:
no other User has any obligation to review, screen, edit or monitor your proposed Stored Material;
the right and ability of any User to post material to the Arweave network is subject to potential prior peer review by all other then Users, and if a majority of those Users who express a response determine for any reason that the proposed material should not become Stored Material, it may not be accepted into the Arweave network; and
neither we nor any other User has or will have any liability to you (or person working with or through you) for declining to accept materials into the network.
Arweave reserves the right to pursue available legal recourse against you or other persons with regard to costs and damages incurred by Arweave or any of our affiliates resulting from malicious breach by you or persons working with or through you of the commitments you agree to about the nature of Stored Material.
LIMITATION OF LIABILITY
You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.
We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for loss of profits, sales, business, or revenue; business interruption; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
Other than the losses set out in Condition 5.2 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to GBP 1000.00/US$ 1500.00. This maximum cap does not apply to Condition 5.5.
Nothing in this Licence shall limit or exclude our liability for any liability that cannot be excluded or limited by English law.
COMMUNICATIONS BETWEEN US
If you wish to contact us in writing, you can send this to us by e-mail or by pre-paid post to Arweave at [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the most recent address you have provided to us.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence or for the reduction, suspension or total cessation of functionality of the Application that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of, or causes the reduction, suspension or total cessation of functionality of the Application our responsibility (if any) to you and all other Users of the Application will be fully suspended for the duration of the Event Outside Our Control.
YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
This Licence and its subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.