Terms of Use

The following terms and conditions (the “Terms of Use”) govern your use of tendermint.com and govern any software or other content made available by All in Bits, Inc. d/b/a Tendermint (“Tendermint” or “we” or “us”) through tendermint.com (the “Site”) or any other publicly available source code repository.

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TENDERMINT. BY USING THIS SITE OR ANY SOFTWARE OR OTHER CONTENT MADE PUBLICLY AVAILABLE THROUGH A SOURCE CODE REPOSITORY BY TENDERMINT (INCLUDING, WITHOUT LIMITATION, COSMOS https://cosmos.network/) (THE SITE AND SUCH SOFTWARE AND OTHER CONTENT ARE COLLECTIVELY, THE “TENDERMINT CONTENT AND SOFTWARE”), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE TENDERMINT CONTENT AND SOFTWARE.

1. Modifications to Terms of Use

Tendermint may modify these Terms of Use at any time, and will post the modified Terms of Use on this Site. Any modification is effective immediately upon posting. Your continued use of the Tendermint Content and Software will be conclusively deemed to signify your acceptance of such modifications.

2. Intellectual Property and Trademarks

This Site contains copyrighted material, trademarks and other proprietary material belonging to Tendermint, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files and the Services (collectively, “Proprietary Material”). As between you and Tendermint, you should assume that everything you see or read and everything available on this Site is Proprietary Material owned by Tendermint and protected by these laws. You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of Tendermint. For the avoidance of doubt, the foregoing restriction does not apply to Tendermint Content and Software which has been contributed to the open source community under an open source license.

All trademarks, service marks, trade names and trade dress, whether registered or unregistered, used by Tendermint on the Site (collectively the “Marks”) are proprietary to Tendermint or their respective owners. You shall not use, display or reproduce the Marks without the prior written consent of Tendermint, and you shall not remove or otherwise modify any trademark notices from any Proprietary Material.

3. Restrictions on Use

Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Tendermint. You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

4. Disclaimer of Warranties

TENDERMINT CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENDERMINT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE TENDERMINT CONTENT AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED ACCESS, CORRECTNESS, THOROUGHNESS, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.

5. Limitation of Liability

NEITHER TENDERMINT NOR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF TENDERMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE TENDERMINT CONTENT AND SOFTWARE, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE TENDERMINT CONTENT AND SOFTWARE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

6. Indemnification

You agree, at your expense, to indemnify, defend and hold harmless Tendermint and its officers, members, managers, employees, agents, suppliers, licensors and representatives from and against all claims, losses, expenses, damages and costs (collectively, "Damages"), including reasonable attorneys' fees, arising out of your use of the Tendermint Content and Software. In connection with any such claim, Tendermint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Tendermint’s defense of such claim.

7. Other Agreements

Certain software, other content and services offered by Tendermint may be governed by separate written bilateral agreements with individuals or entities (“Definitive Agreements”), and such Definitive Agreements (and not these Terms of Use) shall govern in all cases with respect the subject matter of those agreements. To the extent Tendermint has contributed software to an open source project, as between you and any licensor under the open source project, your license to use such software will also be governed by the terms of the applicable open source license and these Terms of Use are not intended to supersede the applicable open source license.

8. Governing Law

The validity, interpretation and performance of, and any dispute arising under, these Terms of Use shall be governed by the laws of the State of Delaware without reference to the choice of law provisions of any jurisdiction. All parties to these terms of use waive their respective rights to a trial by jury.

9. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tendermint as a result of these Terms of Use, or your use of the Tendermint Content and Software. These Terms of Use constitute the entire agreement between you and Tendermint with respect to the Tendermint Content and Software.