Rocketship end-user license agreement
Last updated: December 21, 2021
This end-user license agreement (“EULA”) sets forth the terms under which Rocketship Apps, LLC (“Rocketship” or “We”) shall grant you (“You”) a license to install and operate application software provided to you by Rocketship (“Rocketship Applications”, as further defined in Section 2.1 below) on computers that you own and control (“Computers”). You may operate Rocketship Applications only to perform the functions of the applications, features, or services, some of which are monetized by computing resources (“Premium Services”, as further defined in Section 2.4), that Rocketship provides You with.
When You opt in to use Premium Services on your Computers, Rocketship Applications shall use your computing resources, possibly including your central processing unit, graphics processing unit, random-access memory, storage, bandwidth, and electricity (“Computing Resources”), to engage in cryptocurrency mining or other productive activities managed by our software partner Massive Computing, Inc. (“Massive”). Rocketship Applications have no need to access any personally-identifiable information about You (“PII”) and shall not do so. The financial objective of these activities shall be to mine cryptocurrency like Monero, run scientific simulations, and perform other distributed tasks, which may increase electricity consumption or decrease battery life. There are many alternative tools that are unaffiliated with Rocketship or Massive available to mine cryptocurrency, including XMR-Stak and XMRig.
Massive shall capture the payments that are generated in this endeavor and share a portion with Rocketship, which We shall use to fund the provisioning of your free access to Premium Services (“Compensation”) in consideration of your contribution of Computing Resources. Massive aims to use Computing Resources in a manner that is imperceptible to You while You are using your Computers. You can monitor and control the resource use anytime by choosing Resource usage from any application menu. You expressly authorize Rocketship Applications and Massive to use your Computing Resources in the manner described in this EULA and You understand that You will be responsible for any incremental electricity costs that You incur as a result of such use.
Rocketship Applications should not be silently installed, without displaying installation details and options. Rocketship Applications support silent installation only to apply timely feature upgrades, bug fixes, and other improvements after You have initially installed the applications and viewed the provided installation dialogs. You may terminate your operation of Rocketship Applications and this EULA at any time by uninstalling the instances of the applications installed on your Computers.
BY CLICKING “ACCEPT” OR TAKING ANY STEP TO INSTALL OR USE ROCKETSHIP APPLICATIONS:
- YOU REPRESENT THAT YOU (I) ARE AT LEAST 13 YEARS OLD, (II) HAVE NOT PREVIOUSLY HAD YOUR USE OF ROCKETSHIP APPLICATIONS SUSPENDED OR TERMINATED, AND (III) SHALL FULLY COMPLY WITH THIS EULA AND ALL APPLICABLE LAW.
- YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA, EITHER ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE OF THE PARTY ON WHOSE BEHALF YOU ARE ACCEPTING THE EULA.
IF THE REPRESENTATIONS SET FORTH ABOVE ARE NOT TRUE OR YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THE EULA, YOU MAY NOT, AND MUST NOT, INSTALL OR USE ROCKETSHIP APPLICATIONS.
We may revise this EULA at any time. If We do so, We will notify You by posting the revised EULA on our website. Each such revised EULA will govern your use of Rocketship Applications after the date on which it was posted. We urge You to periodically review the version of the EULA on our website to confirm that it is acceptable to You. If it is not, your sole recourse and remedy shall be to immediately uninstall Rocketship Applications from your Computers. Your failure to uninstall your instances of Rocketship Applications shall signify your continued acceptance of the then-current version of this EULA.
2. Additional definitions
The following definitions are in addition to those set forth above and in the body of this EULA.
2.1. “Rocketship Applications“ consist of current and future Rocketship application software that You may install and operate on your Computers to access features or services.
2.2. “Massive Software“ consists of software provided by our partner Massive that You may install and operate on your Computers to enable the Computers to generate payments, including cryptocurrency payments, by performing cryptocurrency mining or other productive activities when the Computers’ other resource consumption is low enough to permit the Computers to engage in such activities without adversely affecting your other computing activities or user experience.
2.3. “Massive’s User Agreement“ is a written agreement between You and Massive that sets the terms under which Massive will monetize your Computing Resources. Such agreements may consist of posted end-user license agreements, terms of service, or other functional equivalents.
2.4. “Premium Services“ consist of services monetized by Computing Resources that You can opt to use in Rocketship Applications, pursuant to this EULA, in part through your installation and operation of Massive Software on your Computers, pursuant to Massive’s User Agreement.
3. Operational overview
We have selected Massive to perform some of the operational elements of the Premium Services. These elements include providing Massive Software for installation on your Computers and maintaining the software. We are not responsible and shall not be liable for the quality of the software that the Massive provides You with. Please direct all inquiries regarding Massive Software to Massive.
4. Cryptocurrency mining
You acknowledge the possible costs and risks associated with cryptocurrency mining, including but not limited to the possible increase in your Computers’ electricity consumption associated therewith and changes to legislation, regulation, or common law regarding the mining or transmission of digital assets. Should You have any questions about cryptocurrency mining (including, without limitation, questions regarding cryptocurrency-mining technology, data security, or electricity consumption), You should consult with an independent expert on the relevant subject matters. WE SHALL NOT BE LIABLE FOR ANY OF THE FOREGOING COSTS YOU INCUR OR ANY DAMAGE OR LOSS THAT YOU, YOUR COMPUTER, OR ANY OTHER PROPERTY OF YOURS SUFFERS AS A RESULT OF YOUR USE OF ROCKETSHIP APPLICATIONS OR THE PREMIUM SERVICES, REGARDLESS OF WHETHER OR NOT THE CAUSE OF THE LOSS WAS DESCRIBED IN THIS SECTION.
5. Ownership of revenue generated
You acknowledge that (i) the Compensation provided to You by Rocketship shall be your sole compensation under this EULA and Massive’s User Agreement, (ii) You will not receive or obtain any right to or interest in any cryptocurrency mined or other revenue generated through the use of your Computing Resources, and (iii) your right to receive the Compensation shall be exclusively controlled by the relevant terms of this EULA.
6. Limited license
Subject to your complete and continuing compliance with this EULA, We grant You a limited, personal, royalty-free, revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use Rocketship Applications solely on your Computers, and to operate and use Rocketship Applications on such computers strictly for non-commercial purposes and in accordance with the terms and conditions of this EULA.
7. Restrictions on use
You shall use Rocketship Applications strictly in accordance with the terms of this EULA. You shall not (i) permit any third party to access, copy, or alter any instance of Rocketship Applications licensed and provided to You, (ii) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt Rocketship Applications, except to the extent that such prohibition is not allowed under applicable law, (iii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from Rocketship Applications, (iv) violate any applicable law, rule, or regulation in connection with your use of Rocketship Applications, (v) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Rocketship or its affiliates, partners, suppliers, or licensors, (vi) use Rocketship Applications for any revenue-generating endeavor, commercial enterprise, or purpose other than to serve as an element of the Premium Services, (vii) make Rocketship Applications available over a network or other environment that permits access or use by multiple computing devices simultaneously unless You own all of the relevant devices, (viii) use Rocketship Applications to create a product or service that is, directly or indirectly, competitive with or in any way a substitute for any product or service offered by Rocketship, or (ix) use any proprietary interfaces, information, or intellectual-property rights of Rocketship in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices of any nature.
9. Maintenance and updates
We may, at our discretion, provide maintenance for Rocketship Applications installed on your Computers, by updating or replacing instances of Rocketship Applications. You hereby consent to our doing so without further notice. Each such updated or new version of Rocketship Applications will be subject to the provisions of the then-current EULA. If You refuse to use any updated or new version of Rocketship Applications that We make available, We may terminate your instance of this EULA and disable your instances of Rocketship Applications.
10. Applicable law
Your use of Rocketship Applications must not violate applicable law. Rocketship Applications cannot be used in some countries and regions.
10.1. You may not install or operate Rocketship Applications where your doing so would be illegal or otherwise violate any applicable law, rule, or regulation. For example, persons with whom United States persons are not permitted to have dealings, pursuant to economic sanctions administered by the US Department of the Treasury’s Office of Foreign Assets Control, including but not limited to persons located or ordinarily resident in or who are citizens of Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine, are prohibited from installing and operating Rocketship Applications. You represent and warrant that You are not such a prohibited person and not otherwise ineligible to install and operate Rocketship Applications.
10.2 You also may not install or operate Rocketship Applications if You are located or ordinarily resident in or a citizen of any jurisdiction in which We, at our discretion, prohibit the use of Rocketship Applications. We may implement controls to restrict access to Rocketship Applications in any jurisdiction prohibited pursuant to this Section. You are required to comply with this Section even if our methods to prevent the use of Rocketship Applications are not effective or can be bypassed. We reserve the right to disable your instances of Rocketship Applications or the transactions discussed herein without prior notice if any act, conduct, transaction, omission, or misrepresentation might expose Rocketship to sanctions, restrictions, or penalties, or upon receipt of any subpoena, order, or request from any government, government official, or law-enforcement authority of competent jurisdiction.
11. Term and termination
This EULA shall go into effect upon your downloading and installing Rocketship Applications. The EULA shall continue in effect until termination as provided herein. You and Rocketship may each terminate this EULA at any time for any reason or no reason. You may terminate the EULA by uninstalling all Rocketship Applications from all of your Computers. We may do so by notifying You that your instance of the EULA has been terminated, in which event You shall immediately uninstall all instances of Rocketship Applications that You have, failing which We may disable those instances of Rocketship Applications. Without prejudice to any other rights that We may possess, your rights and our obligations under this EULA will automatically terminate without notice to You should You breach the EULA. Should such a breach occur, You agree that, in addition to any other remedies We may have at law or in equity, We may disable your Rocketship Applications. Neither You nor Rocketship shall be liable to the other for any costs or injuries that the other incurs as a result of any termination of this EULA effectuated in accordance with this Section.
This Section and Sections 4, 5, 7, 8, 10, 12–15, and 17–26 of this EULA shall survive the termination of the EULA.
12. Ownership rights
You acknowledge that, as between You and Rocketship, We hold all right, title, and interests in all Rocketship Applications, logos, and trademarks and We hold all intellectual-property rights in any of the foregoing items (“Rocketship-Owned Items”). Nothing in this EULA other than the limited, revocable license set forth in Section 6 conveys any right, title, or interest in any of the Rocketship-Owned Items to You, including by implication, estoppel, or otherwise. As between You and Rocketship, We own and shall continue to own all Rocketship-Owned Items. This EULA does not grant You any right, license, or interest in our trademarks and You shall not assert any right, license, or interest in these trademarks or any words or designs that are confusingly similar to any of them.
To the fullest extent permitted by applicable law, You shall defend, indemnify, and hold harmless Rocketship and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, and licensors, at your expense, from and against every claim brought by a third party against an indemnitee and from any related liability, damage, loss, or expense, including reasonable attorneys’ fees and costs, arising out of or connected with (i) your unauthorized use or misuse of Rocketship Applications, (ii) your violation of any of the terms of this EULA or applicable law, (iii) your violation of any third-party right, including any intellectual-property right or publicity, privacy, confidentiality, or other property right, or (iv) any other dispute between You and a third party. We shall have the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting your indemnification obligations with respect to that matter) and, in that case, You agree to cooperate with our defense of those claims.
EXCEPT AS PROHIBITED BY APPLICABLE LAW:
- ROCKETSHIP APPLICATIONS ARE LICENSED AND PROVIDED TO YOU “AS IS”.
- IN ADDITION TO THE DISCLAIMERS SET FORTH IN SECTIONS 3 AND 5, WE DISCLAIM ANY AND ALL WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR TIMELINESS AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING, USAGE, OR TRADE. NOR SHALL ANY ROCKETSHIP COMMUNICATIONS TO YOU DURING THE TERM CREATE ANY WARRANTIES TO YOU. WE DO NOT WARRANT THAT ROCKETSHIP APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF ROCKETSHIP APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF HARMFUL CODE, OR COMPLETELY SECURE FROM UNAUTHORIZED MODIFICATION BY THIRD PARTIES, THAT DEFECTS OR ERRORS IN ROCKETSHIP APPLICATIONS WILL BE CORRECTED, OR THAT ROCKETSHIP APPLICATIONS WILL BE COMPATIBLE WITH ANYTHING OTHER THAN THE COMPUTERS ON WHICH WE INDICATE IT MAY BE INSTALLED. YOU AGREE THAT YOU ARE USING ROCKETSHIP APPLICATIONS AT YOUR DISCRETION AND WITHOUT RELIANCE ON ANY STATEMENT MADE BY ROCKETSHIP OUTSIDE OF THIS EULA AND THAT YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ROCKETSHIP APPLICATIONS AND THE IMPACT OF THE PERFORMANCE ON YOUR COMPUTERS.
15. Limitation of liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ROCKETSHIP APPLICATIONS, THE PREMIUM SERVICES, OR ANY THIRD-PARTY CONTENT, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROCKETSHIP’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
16. Force majeure
No delay, failure, or default other than a failure to pay fees when due will constitute a breach of this EULA to the extent caused by acts beyond the reasonable control of Rocketship, including acts of war, terrorism, hurricanes, earthquakes, other acts of God or nature, strikes or other labor disputes, riots or other acts of civil disorder, and embargoes.
You are not required to provide any comments, suggestions, or other feedback regarding the operation of or possible improvements to Rocketship Applications or with respect to any other subject (“Feedback”). Should You voluntarily do so, We may freely act on your Feedback for any purpose, including to improve Rocketship Applications or our business processes and to develop other products and services, without paying You any fees in consideration of our doing so.
340 South Lemon Avenue #1849
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If any term or provision of this EULA is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of the EULA nor invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or provision is invalid, illegal, or unenforceable, You and Rocketship shall negotiate in good faith to modify the EULA so as to affect our mutual original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated herein be consummated as originally contemplated to the greatest extent possible.
20. No third-party beneficiaries
This EULA is entered into solely between You and Rocketship, may be enforced only by You or Rocketship, and shall not be deemed to create any rights for any third party or to create any obligations of You or Rocketship to any third party.
21. Choice of law, venue, and jurisdiction
This EULA is governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice- or conflict-of-law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any legal suit, action, or proceeding arising out of or related to the EULA or licenses granted hereunder will be instituted in the federal courts of the United States or the courts of the State of New York, in each case located in the County of New York. Each party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding.
22. No class actions
YOU AND ROCKETSHIP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
23. Waiver of jury trial
Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this EULA or the transactions contemplated herein.
24. Equitable relief
You acknowledge that your breach or threatened breach of this EULA may cause Rocketship irreparable harm for which monetary damages may not be an adequate remedy. Accordingly, You agree that, in the event of such a breach or threatened breach, We may seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
This EULA may be modified only in writing by authorized representatives of the parties. A waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver, or excuse.
26. Entire agreement
This EULA sets forth the entire and exclusive agreement of the parties with respect to its subject matter and supersedes all prior or contemporaneous writings, negotiations, and discussions relating thereto. Neither party has relied on any such prior or contemporaneous communications in making its decision to enter into the EULA.