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ASTEROID BLOCKCLAIM™ Protocol SOFTWARE LICENSE AGREEMENT

Affiliate Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING OR DOWNLOADING THE SOFTWARE ACCOMPANYING THIS LICENSE. BY DOWNLOADING THE SOFTWARE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD THE SOFTWARE

IMPORTANT: BY USING THE BLOCKCLAIM™ PROTOCOL,
YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

1.     ASTEROID BLOCKCLAIM™ SOFTWARE LICENSE AGREEMENT

2.     ASTEROID CLAIMANT TERMS

3.     NOTICES FROM ASTEROID

ASTEROID AUSTRALIA PTY LTD
BLOCKCLAIM™ SOFTWARE LICENSE AGREEMENT

Your Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE OR DOWNLOAD THE SOFTWARE

1. General

(a) The software (including algorithms, blockchain code, embedded software and third-party software), documentation, interfaces, content, fonts and any data. (“Original Asteroid BLOCKCLAIM™ Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Asteroid (“Asteroid BlockClaim™ Software Updates”), whether in read only memory, on any other media or in any other form (the Original Asteroid BlockClaim™ Software and Asteroid BlockClaim™ Software Updates are collectively referred to as the “Asteroid BlockClaim™ Software”) are licensed, not sold, to you by Asteroid Inc. (“Asteroid”) for use only under the terms of this License.

Asteroid and its licensors retain ownership of the Asteroid BlockClaim™ Software itself and reserve all rights not expressly granted to you.

(b) Asteroid, at its discretion, may make available future Asteroid BlockClaim™ Software Updates. The Asteroid BlockClaim™ Software Updates, if any, may not necessarily include all existing software features or new features that Asteroid releases for newer or other models of Devices.

The terms of this License will govern any Asteroid BlockClaim™ Software Updates provided by Asteroid, unless such Asteroid BlockClaim™ Software Update is accompanied by a separate license, in which case you agree that the terms of that license will govern.

(c) Your Device will periodically check with Asteroid for Asteroid BlockClaim™ Software Updates. If an update is available, the update may automatically download and install onto your Device and, if applicable, your peripheral devices. By using the Asteroid BlockClaim™ Software, you agree that Asteroid may download and install automatic Asteroid BlockClaim™ Software Updates onto your Device and your peripheral devices.

2. Permitted License Uses and Restrictions

(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Asteroid BlockClaim™ Software on a single Asteroid-branded Device.

This License does not grant you any rights to use Asteroid proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories, or third-party software applications, for use with Devices.

Some of those rights are available under separate licenses from Asteroid.

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download Asteroid BlockClaim™ Software Updates that may be made available by Asteroid for your model of the Device to update or restore the software on any such Device that you own or control.

(c) If you do not wish to use an App, you can delete it from your Device at any time.

(d) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer,

disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Asteroid BlockClaim™ Software or any services provided by the Asteroid BlockClaim™ Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open- source components that may be included with the Asteroid BlockClaim™ Software). You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Asteroid BlockClaim™ Software.

(e) The Asteroid BlockClaim™ Software may be used to reproduce materials so long as such use is limited to reproduction of non- copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Such content may be protected by copyright or other intellectual property laws and treaties and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

(f) In order to complete certain app and/or website action shortcuts, the Asteroid BlockClaim™ Software may need to access certain third-party software applications, services or websites on your Device. You expressly consent to such use to the extent necessary to complete the Shortcut with the Asteroid BlockClaim™ Software.

(g) You agree to use the Asteroid BlockClaim™ Software and the Services are in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Asteroid BlockClaim™ Software and Services. Features of the Asteroid BlockClaim™ Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for some features of the Asteroid BlockClaim™ Software and Services.

(h) Use of the App Store requires a unique username and password combination, known as an Asteroid ID, Affiliate ID or BlockClaim™ ID. An ID is also required to access app updates and certain features of the Asteroid BlockClaim™ Software and Services.

(i) You acknowledge that many features, built-in apps, and Services of the Asteroid BlockClaim™ Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges. You can view and control which applications are permitted to use cellular data and view an estimate of how much data such applications have consumed under Cellular Data Settings. In addition, Wi-Fi Assist may automatically

switch to cellular when you have a poor Wi-Fi connection, which might result in more cellular data use and impact charges to your data plan.

3. Transfer

You may not rent, lease, lend, sell, redistribute, or sublicense the Asteroid BlockClaim™ Software.

4. Consent to Use of Data

When you use your Device, your phone number, location, time of day and certain unique identifiers for your Device are sent to Asteroid in order to allow features of the Asteroid BlockClaim™ Software. When you use the BlockClaim™ Protocol, Asteroid may hold your “claim” in encrypted form for a limited period of time in order to ensure their delivery.

5. Services and Third-Party Materials

(a) The Asteroid BlockClaim™ Software may enable access to Asteroid’s AsteroidSociety.org, Asteroid.org, AWS Cloud, Hyperledger Fabric, iCloud, and other Asteroid and third-party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require an Asteroid ID, Affiliate ID or BlockClaim™ ID and may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an aforementioned ID, or other Asteroid Services, you agree to the applicable terms of service, such as the latest Asteroid Services Terms and Conditions for the country or region in which you access such Services.

(b) If you sign up for IBA or a BlockClaim™ you may have access directly from the Asteroid BlockClaim™ Software. You acknowledge and agree that your use of these features is subject to the latest terms and conditions.

(c) News, informational, development, search, WHOCLAIM, ABE and ASTROSCOUT Content may also be available through your ID. Your use of content accessed through the Asteroid BlockClaim™ Software is limited solely to personal, non-commercial use, does not transfer any ownership interest to you in the content, and specifically excludes, without limitation, any commercial or promotional use rights in such content. Furthermore, you are prohibited from republishing, retransmitting and reproducing any images accessed through News as a stand-alone file without prior written consent or as provided in the IBA responsibilities section.

(d) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which

content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Asteroid, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(e) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that Asteroid is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites.

Asteroid, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other web sites are provided solely as a convenience to you.

(f) Neither Asteroid nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, is provided for basic accounting and audit purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage.

(g) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Asteroid, the site owner or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such

proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Asteroid. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Asteroid is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

(h) In addition, such Services and Third-Party Materials may not be available in all languages or in all countries or regions. Asteroid makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws.

Asteroid and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Asteroid be liable for the removal of or disabling of access to any such Services. Asteroid may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

6. Termination

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Asteroid if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Asteroid BlockClaim™ Software.

7. Disclaimer of Warranties

7.1 If you are a customer who is a consumer (someone who uses the Asteroid BlockClaim™ Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you

should contact a local consumer advice organization.

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE ASTEROID BLOCKCLAIM™ SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE ASTEROID BLOCKCLAIM™ SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASTEROID BLOCKCLAIM™ SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ASTEROID AND ASTEROID’S LICENSORS (COLLECTIVELY REFERRED TO AS “ASTEROID” FOR THE PURPOSES OF SECTIONS (7) AND (8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ASTEROID BLOCKCLAIM™ SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4 ASTEROID DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ASTEROID BLOCKCLAIM™ SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ASTEROID BLOCKCLAIM™ SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ASTEROID BLOCKCLAIM™ SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE ASTEROID BLOCKCLAIM™ SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE ASTEROID BLOCKCLAIM™ SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS ASTEROID BLOCKCLAIM™ SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS ASTEROID PRODUCTS AND SERVICES.

7.5 YOU FURTHER ACKNOWLEDGE THAT THE ASTEROID BLOCKCLAIM™ SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE ASTEROID BLOCKCLAIM™ SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE

SUPPORT OR WEAPONS SYSTEMS.

7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASTEROID OR AN ASTEROID AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ASTEROID BLOCKCLAIM™ SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ASTEROID, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ASTEROID BLOCKCLAIM™ SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE ASTEROID BLOCKCLAIM™ SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ASTEROID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Asteroid’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (USD $50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Digital Certificates

The Asteroid BlockClaim™ Software contains functionality that allows it to accept digital certificates either issued from Asteroid or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY ASTEROID OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASTEROID MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO

MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.

10. Export Control

You may not use or otherwise export or re-export the Asteroid BlockClaim™ Software except as authorized by law and the laws of the jurisdiction(s) in which the Asteroid BlockClaim™ Software was obtained.

In particular, but without limitation, the Asteroid BlockClaim™ Software may not be exported or re-exported

(a) into any embargoed countries or

(b) to anyone on the list of Specially Designated Nationals or the Denied Person’s List or Entity List or any other restricted party lists.

By using the Asteroid BlockClaim™ Software, you represent and warrant that you are not located in any such country or on any such list.

Limitation of Liability

IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, ASTEROID DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE ASTEROID PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR CARD ISSUER, PAYMENT NETWORK, FINANCIAL INSTITUTIONS, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, PERSON TO PERSON PAYMENTS, AND

 

 


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