AXIA TOKEN WALLET APPLICATION LICENSE AGREEMENT
AXIA (Version #1.0) Licence Agreement – November 2019
AXIA Issuer Inc. (“AII”) is the maker of a software program that can be used to manage, control, and interact with the Open Application Network (OAN) public blockchain network.
By using this AXIA Token Wallet Application (this “Application” or “AXIA”), you agree to be bound by this AXIA Token Wallet Application License Agreement (this “License Agreement”). This is an agreement between you and AXIA only. AXIA is responsible for this Application and the content thereof. Certain features of this Application may require you to be a AXIA user or provide personal information to third-party partners for the purpose of Know-Your-Customer (KYC) / Know-Your- Business (KYB) or Anti-Money Laundering (AML) screening and registration purposes.
To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
The AXIA Token Wallet is designed to protect your privacy when interacting with blockchains. Your Backup Phrase and private keys are never communicated to AXIA but certain data from the AXIA Token Wallet is transmitted to AXIA, including telemetry data and logs that may contain error codes or error descriptions, used to improve the application experience and solve technical problems. AXIA will never share or sell Your personal information to advertisers, and takes care to minimize logging and access to telemetry data within the AXIA Token
To make the most out of AXIA, permission to access the camera on your mobile device may be requested. Camera device permissions are only used for recognizing “QR codes” that are commonly used to embed blockchain information into a machine readable format. Images from your camera will never be transmitted to AXIA but the data contained within the QR Codes may be used as part of transactions that you undertake, which may be passed to AXIA as part of broadcasting your blockchain transactions.
The AXIA Token Wallet includes additional functionality that you have the option of using that may involve third-party services that are owned and run by companies or organizations not related to AXIA Issuer Inc. There may be additional terms or rules applicable to third-party services available through AXIA, some of which may involve registration(s) on websites or through applications not controlled by AXIA, and AXIA shall not be liable for any conduct, actions, or negative consequences that arise as a result of Your use of third-party services in connection with the AXIA Token Wallet.
Notwithstanding the generality of the foregoing, if you make use of third-party services that enable digital asset transfers or financial transfers then you may be at risk of loss due to malfunctions or other issues with third-party services. you shall indemnify AXIA, and the officers, contractors, employees, and other personnel of AXIA, against any claims in relation to third-party services, whether brought by you or another party, where the claim concerns your use or misuse of a third- party service.
Blockchains Have Risks
There are many risks associated with digital assets. AXIA has no control over the blockchains that you can interact with through the AXIA Token Wallet and cannot (and has no ability to) cancel, modify or affect any transaction that You have caused to be broadcasted to any given blockchain network. You should take care to understand the details of the blockchains You choose to interact with as AXIA has no control or liability to you in relation to these risks.
AXIA Issuer Inc., owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in this Application may be trademarks of their respective companies. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter AXIA’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Disclaimer of Warranties
This Application and the service(s) accessed by it are provided “as is” and “as available”. AXIA expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application. You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.
Limitation of Liability
Except as otherwise stated in this License Agreement, AXIA is not liable to you for any harm resulting from any use or misuse of this Application.
Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if AXIA has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
Nothing in this License Agreement shall limit our liability towards you for claims for death or personal injury or damages caused by intentional wrongdoing or gross negligence of us, our legal representatives or agents. In case of a breach of a material obligation under this License Agreement which is caused by slight negligence we shall only be liable for the typical, predictable, direct and average damage, unless the claim is for death or personal injury in which case our liability towards you shall be unlimited.
You will indemnify and hold harmless AXIA and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party arising in connection with a violation of this License Agreement, for which you are responsible.
AXIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Any changes will take effect upon the expiration of thirty (30) days after notification, unless you object to the changes prior to the expiration of the thirty (30) days period. We shall inform you about your right to object, the due date, and your option to uninstall and discontinue using the Application.
If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Access, Termination or Suspension of Service for Unlawful Conduct
Although the AXIA Token Wallet is installable software, it also contains elements that rely on backend infrastructure run by AXIA (and possibly other parties) that may be turned off temporarily or permanently without notice due to suspected unlawful conduct or if it is deemed necessary to do so at the discretion of AXIA.
Some or all of the AXIA Token Wallet service may not be available in all locations worldwide due to geoblocking or other measures taken by AXIA to ensure compliance with laws or to improve the quality of service for its users.
Third Party Beneficiary
Your mobile OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
Accuracy of In-App Information
AXIA integrates many third-party data sources that provide relevant data to users but this data is beyond AXIA’s control. AXIA shall not have any liability to You for incorrect data and You should verify any data You receive through AXIA before acting on it.
AXIA offers free technical support to users but this support is offered to You without warranty of any kind and shall be at Your risk. AXIA may choose to discontinue offering free technical support at any time and may choose to discontinue providing You with technical support at any time. You shall at all times act respectfully to AXIA staff and must take care not to accidentally disclose Your Backup Phrase, private keys, or any other confidential information.
This agreement is the entire agreement between the parties and supersedes any other representations or agreements between the parties. Furthermore, the parties have entered into this agreement without relying on any representations or warranties made outside of this agreement.