END USER LICENCE AGREEMENT
03 June 2024
This End User Licence Agreement ("EULA") sets out the terms and conditions agreed between you ("User" or “You”), either an individual or an entity, and Camino Network Foundation ("CNF"), incorporated in Zug (Switzerland) having its registered office at Dammstrasse 16, Zug, CH-6300 Switzerland, for the use of the Software. This EULA is effective from the date the User obtains the Software from a third party or CNF (the “Download”).
By installing, copying, downloading, or otherwise using the Software in any way, or by clicking a box indicating your acceptance, You agree to be bound by the terms and conditions of this EULA. If You are entering into this EULA on behalf of any entity, you represent that you have the authority to bind such entity to this EULA and are accepting this EULA on its behalf. CNF DOES NOT SELL THE SOFTWARE. CONSEQUENTLY, CNF REMAINS THE OWNER OF THE SOFTWARE AT ALL TIMES.
“Software” means the Camino Node, a piece of software created by CNF for the Camino Network to provide a secure, transparent, and efficient blockchain infrastructure for the travel industry. It provides a decentralised framework that enables the development and integration of different applications.
YOU MUST BE OF LEGAL AGE IN YOUR STATE, PROVINCE, TERRITORY, COUNTRY OR JURISDICTION TO OBTAIN A LICENCE FROM CNF TO DOWNLOAD AND USE THE SOFTWARE.
PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, OTHERWISE USE THE SOFTWARE.
1.- LICENSE
Subject to the terms and conditions of this EULA, CNF hereby grants to the User a royalty-free, non-exclusive, non-transferable, non-sublicensable right to install and use the Software.
2.- LICENSE RESTRICTIONS
You shall not, directly or indirectly: (i) sell, resell, rent, lease, or exchange the Software for anything of value, (ii) remove or alter any proprietary notices or labels on the Software, (iii) use the Software in a manner that does not comply with the applicable laws in the jurisdiction(s) in which you use the Software; (iv) use the Software for any purpose other than its intended purpose, or (v) use the Software for any unlawful or prohibited purpose or as a means to infringe the rights of any third party.
3.- OPEN-SOURCE NOTICES
Certain components of the Software may be subject to open source software licences ("Open Source Components"), which means any software licence approved as an open source licence by the Open Source initiative, or any substantially similar licence, including any licence that requires, as a condition of distribution of the software licensed under such licence, that the distributor make the software available in source code format. The Open Source Components applicable to the Software and the associated applicable licences may be listed at Camino official Github repository.
To the extent there is a conflict between the licence terms applicable to the Open Source Components and this EULA, the terms of such licences shall prevail over the terms of this EULA. To the extent the terms of the licences applicable to the Open Source Components prohibit any of the restrictions in this EULA concerning such Open Source Components, such restrictions shall not apply concerning such Open Source Components. To the extent that the terms of the licences applicable to the Open Source Components require the User to make an offer to provide source code in connection with the Software, such offer is hereby made, and you may exercise it by contacting hello@camino.network.
4.- INTELLECTUAL PROPERTY
The Software and all worldwide copyright, trade secret and other intellectual property rights therein are the exclusive property of CNF. CNF reserves all rights in and to the Software not expressly granted to you in this EULA.
5.- FEES
This is a free Software, so there are no fees associated with the Download.
6.- SOFTWARE UPDATES
CNF may from time to time provide bug fixes, updates, upgrades and other modifications to the Software ("Updates"). These may be installed automatically without further notice or consent. You agree to these automatic Updates. If you do not wish to receive such Updates, your only remedy is to stop using the Software. The terms of this EULA shall apply to any Updates provided by CNF that replace and/or supplement the original Software, unless such Updates are accompanied by a separate licence, in which case the terms of that licence shall apply.
7.- TERMINATION
This EULA is effective until terminated. Either party may terminate this EULA at any time for any reason. Your right to use the Software will terminate automatically without notice from CNF if you breach any of the terms of this EULA.
Upon termination, you must stop using the Software and remove all copies of the Software in your possession or control. All provisions of this EULA which by their nature should reasonably survive termination shall survive termination of this EULA.
CNF makes no representation as to the future availability of the Software or any Updates and shall not be liable for any unavailability or removal of the Software or Updates. CNF has no responsibility to provide maintenance or support for the Software.
8.- DISCLAIMERS AND LIMITATIONS ON LIABILITY
8.1. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
8.2. CNF does not warrant that:
(i) Software will meet your specific requirement;
(ii) Software is fully compatible with any platform;
(iii) your use of the Software will be uninterrupted, timely, secure, or error-free;
(iv) the results that may be obtained from the use of the Software will be accurate or reliable;
(v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations, or
(vi) any errors in the Software will be corrected.
8.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CNF NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND/OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CNF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATING TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, (I) THE USE OR INABILITY TO USE THE SOFTWARE; (II) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SOFTWARE; OR (IV) ANY OTHER MATTER RELATING TO THE SOFTWARE; (II) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (IV) ANY OTHER MATTER RELATING TO THE SOFTWARE.
8.4. CNF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. CNF shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Software.
8.5. CNF HAS NO FINANCIAL LIABILITY TO THE LARGEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
9.- DATA PRIVACY POLICY
Our privacy practices are described in https://camino.network/privacy-policy , as well as in separate privacy statements provided when software, an app, a product, or service is purchased, downloaded, or used (collectively, the “Data Policy”). By installing the Software, you are accepting and consenting to the practices, terms, and conditions described in the Data Policy and in any separate privacy statements.
10.- DATA PROTECTION
10.1. CNF takes its data protection responsibilities with the utmost seriousness. If personal data is collected, for example in the context of a query, this is done voluntarily. Despite careful monitoring of content, CNF cannot accept any responsibility for external links to third-party content.
10.2. CNF collects, processes, and uses Your personal data in compliance with the Swiss Federal Act on Data Protection, the Swiss Ordinance to the Federal Act on Data Protection, and the General European Data Protection Regulation.
11.- MISCELLANEOUS
11.1. The parties are independent contractors. This EULA is an agreement at arms' length between the parties and does not constitute a partnership, association, or joint venture under any applicable law. Consequently, the provisions of this EULA shall not, under any circumstances, be interpreted as creating any such relationship between the parties. Neither party may bind the other in any manner whatsoever or in favour of anyone whomsoever.
11.2. The failure of any of the parties to avail itself or to enforce any of the provisions of this EULA or any rights with respect thereto shall in no way considered to be a waiver of such provisions or rights, or in any way to affect the validity of this EULA. No waiver shall be effective unless expressly made in writing and signed by an authorized representative of the waiving party.
11.3. If any provision of this EULA is held to be void, invalid, or inoperative, the remaining provisions of this EULA shall not be affected and shall continue to be in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
11.4. You may not assign, delegate, or transfer any rights or obligations under this EULA. Any such attempted assignment, delegation, or transfer shall be null and void. CNF reserves the right to assign, delegate, or transfer this EULA or any rights and/or obligations hereunder without restriction, including without limitation to affiliates or subsidiaries.
11.5. The headings used herein are inserted only as a matter of convenience and for reference only. They shall not affect the construction or interpretation of this EULA.
11.6. CNF may update this EULA from time to time.
12.- APPLICABLE LAW AND JURISDICTION
12.1. This EULA shall be governed by and construed by the substantive laws of Switzerland without any reference to its conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
12.2. Any disputes arising out of or in connection with this EULA and contracts entered into thereunder shall be submitted to the sole and exclusive jurisdiction of the courts of the city of Zug.