Disclaimer
Xeal Protocol End User License Agreement (EULA) and Disclaimer
Acceptance of Terms
By registering for the Xeal Protocol, agreeing to these terms, or by downloading, installing, accessing, or using any materials provided by Xeal (as defined below), you agree to be bound by the terms of this End User License Agreement (the “Agreement”). If you are agreeing on behalf of another person, company, or legal entity, you represent and warrant that you have the authority to bind that person, company, or legal entity to this Agreement.
If you do not agree to all terms of this Agreement, do not download, install, access, or use any provided materials.
Definitions
“Affiliate”: An entity that controls, is controlled by, or is under common control with another entity.
“Agreement”: This End User License Agreement.
“Authorized Platform”: Services or platforms authorized by Xeal to modify any provided materials.
“Branding”: Any trademark, service mark, logo, or other brand identifiers.
“Competitor”: Any entity that offers products or services similar to or competitive with those of Xeal.
“Content”: Includes text, images, videos, audio, and other multimedia content.
“Depict”: To render or display content using any material.
“Documentation”: Any explanatory materials provided by Xeal.
“Embedded IP”: Any branding, trademarks, or proprietary notices included in provided materials.
“Material”: Any software, files, code, or information provided by Xeal.
“NFT”: Non-fungible tokens based on blockchain technology.
“Provided Material”: Any material made available to you through the Xeal Protocol.
“Xeal”: Refers to the Xeal Protocol and its affiliates.
“You”: The individual or entity entering into this Agreement.
Account Creation
To access the Xeal Protocol, you must create and maintain a user account (the “User Account”). You are responsible for providing accurate and up-to-date information and for complying with all terms and conditions applicable to the User Account. Breach of these terms may result in the suspension or termination of your license rights under this Agreement.
License Grant
Subject to your compliance with this Agreement, Xeal grants you a personal, limited, revocable, non-transferable, non-sublicensable, non-exclusive license to:
Download and use the provided materials on a computer or authorized platform.
Depict content using the provided materials without further modification (the “Unmodified Depiction”).
Modify the content depicted using the provided materials on a computer or authorized platform (the “Modified Depiction”).
Use the documentation solely to exercise your rights under this Agreement.
Make copies of the provided materials and documentation as necessary to exercise the rights granted.
Public Display and Use Restrictions
You may publicly display Unmodified Depictions only if explicitly allowed by Xeal in the provided documentation. Modified Depictions may only be publicly displayed if they include original works created by you, comply with any restrictions outlined by Xeal, and do not associate with competitors or inappropriate content. Public display of any depiction as part of or in connection with an NFT or digital collectible is strictly prohibited.
Intellectual Property and Ownership
All rights, title, and interest in the provided materials, any content depicted using the provided materials, and any associated intellectual property remain with Xeal and its licensors. You do not acquire any ownership rights under this Agreement. All goodwill generated from your use of any embedded intellectual property will inure to the benefit of Xeal and its affiliates.
Limitation of Rights and Obligations
Your license rights under this Agreement are limited to personal, non-commercial use. You may not sublicense, lease, or otherwise transfer any provided materials. Additionally, you may not modify or create derivative works from the embedded intellectual property, circumvent security features, or use the provided materials in any manner not expressly authorized by this Agreement.
Termination of License
Your license rights will be suspended or terminated under the following conditions:
If you breach any obligations under this Agreement.
If your User Account is suspended or terminated.
If Xeal decides to terminate your license rights with or without cause.
Upon termination, you must cease all use of the provided materials and delete all copies in your possession.
Compliance with Laws
You are solely responsible for ensuring that your use of the Xeal Protocol complies with all applicable laws and regulations in your jurisdiction.
Governing Law and Dispute Resolution
This Agreement will be governed by and construed in accordance with the laws of the state of New York. Any disputes will be resolved exclusively in the state or federal courts located in New York County, New York. You waive any right to a trial by jury in any legal proceeding related to this Agreement.
Miscellaneous
This Agreement constitutes the entire understanding between you and Xeal regarding your use of the provided materials. Xeal reserves the right to update or modify this Agreement at any time, and such changes will be binding upon notice to you. You may not assign or transfer this Agreement or any rights or obligations hereunder.
Disclaimer
General Information
The information provided in this documentation is for general informational purposes only and is subject to change without notice. The Xeal protocol, its documentation, and all associated materials are provided "as is" without any representations or warranties of any kind, express or implied. Xeal disclaims all liability and responsibility for any errors or omissions in the content of this documentation.
No Financial or Investment Advice
The Xeal protocol and the content of this documentation do not constitute financial, investment, legal, or any other form of professional advice. The use of the Xeal protocol for creating, managing, or trading non-fungible tokens (NFTs), fractionalized assets, or any other digital or physical assets carries inherent risks, including but not limited to market volatility, regulatory changes, and the potential for loss of value. Users are strongly advised to conduct their own research, consult with professional advisors, and assess their risk tolerance before engaging with the Xeal protocol or any related activities.
Regulatory and Legal Compliance
Users of the Xeal protocol are responsible for ensuring that their use of the protocol complies with all applicable laws, regulations, and legal requirements in their respective jurisdictions. Xeal does not provide any guarantees or assurances that the use of its protocol, the creation of NFTs, or the fractionalization of assets will comply with any specific legal or regulatory framework. Users are encouraged to seek legal counsel if they have any questions or concerns about the legality of their activities.
Security and Risk Assumptions
While the Xeal protocol incorporates advanced security features, including invisible watermarking and blockchain technology, no system can be entirely free from risks. Users are responsible for the security of their private keys, wallets, and other access credentials. Xeal does not assume any liability for losses resulting from unauthorized access, hacking, phishing, or other security breaches. Users should implement best practices for securing their digital assets and remain vigilant against potential threats.
Limitation of Liability
To the fullest extent permitted by law, Xeal, its developers, affiliates, partners, and contributors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the Xeal protocol, its documentation, or any associated services. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory.
Intellectual Property
All intellectual property rights related to the Xeal protocol, including but not limited to the code, documentation, trademarks, and logos, are the property of their respective owners. Unauthorized use of any intellectual property related to Xeal may violate copyright, trademark, and other laws. Users are required to respect the intellectual property rights of others when using the Xeal protocol.
Updates and Modifications
Xeal reserves the right to update, modify, or discontinue the protocol, its documentation, or any associated services at any time without prior notice. It is the responsibility of users to stay informed of any changes and to review the documentation regularly. Continued use of the Xeal protocol after any updates or modifications shall constitute acceptance of the changes.
Acknowledgment
By using the Xeal Protocol and provided materials, you acknowledge that you have read, understood, and agreed to be bound by this Agreement and Disclaimer. If you do not agree with any part of this Agreement or Disclaimer, you should refrain from using the Xeal Protocol and its associated materials.
Last updated