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ELA Bank Terms & Conditions

Terms of Service

In using this website you are deemed to have read and agreed to the following terms and conditions. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Super node owners", “You” and “Your” refers to you, the person accessing this website and accepting the pool’s terms and conditions. "The Pool", “Ourselves”, “We” and "Us", refers to the ELA bank pool service. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Disclaimer - Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Pool: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the ElaBank’s literature; and excludes all liability for damages arising out of or in connection with your use of this web site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the ElaBank of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Log Files

We use IP addresses to analyse trends, administer the site, track user actions, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Elabank on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Notification of Changes

ElaBank reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. You are therefore advised to re-read this statement on a regular basis

End User License Agreement

IMPORTANT-READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND ELABANK.NET FOR PURPOSES OF THIS EULA, "SOFTWARE" MEANS THE SOFTWARE PROGRAM DISTRIBUTED, SOFTWARE ALSO INCLUDES UPDATES AND UPGRADES AS WELL AS ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ASSOCIATED MATERIALS. THE SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD) TO YOU. USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS EULA, AND ANY USE OF THE SOFTWARE OUTSIDE OF THE SCOPE OF SUCH TERMS AND CONDITIONS IS PROHIBITED. BY CLICKING ON THE “ACCEPT” BUTTON OR THE RESPECTIVE CHECKBOX AT THE END OF THIS DOCUMENT OR BY DOWNLOADING, INSTALLING, COPYING, RUNNING OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE SOLELY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR ACCESS THE SOFTWARE AND IF ALREADY DOWNLOADED PROMPTLY DISPOSE OF THE SOFTWARE. If you are using the Software in your capacity as employee or agent of a company or organization, then any references to the “Licensee” or “You” in this EULA shall refer to such entity and not to you in your personal capacity. You warrant that you are authorized to legally bind the Licensee. If you are not so authorized, then neither you nor the Licensee may use the Software in any manner whatsoever. Grant of Limited License.

1. Limited Software License. Subject to the terms and conditions of this EULA, Elabank hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, personal license to install, run and use a single copy of the Software for your personal use in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

1.1. License Term. The term of your license under this EULA shall commence on the date that you accept this EULA and end on the earlier date of either your removal of the Software or elabank.net’s termination of this EULA as detailed herein. Your license shall terminate immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or services or you otherwise use the Software and/or services in breach of the terms of this EULA.

2. Reservation of Rights. Nothing in this EULA shall be deemed to grant you, either directly or by implication, estoppel, or otherwise any license or right other than those expressly granted in Section ý1.1 of this EULA. By virtue of this EULA, you acquire only the right to use the Software and not any other right or ownership interest. elabank.net hereby retains all right, title and interest in and to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, settings, artwork and moral rights, whether or not registered, and all applications thereof. The Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from elabank.net. All rights not expressly granted to you herein are reserved by elabank.net.

3. Updates. Any software updates provided by elabank.net that updates or supplements the original Software are governed by this EULA unless separate license terms are provided with such updates or supplements that explicitly override this EULA, in which case, such separate terms will govern.

4. License Limitations. elabank.net reserves all rights not expressly granted to you in this EULA. Without limiting the foregoing, you shall not authorize or permit any third party to: (a) use the Software for any purpose; (b) license, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Software; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of or any trade secrets related to the Software; (d) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software, in whole or in part; (e) remove, alter or obscure any copyright notice or other proprietary rights notice on the Software; (f) make the Software publicly available or available on a network for use or download by multiple users; or (g) circumvent or attempt to circumvent any methods employed by elabank.com to control access to the components, features or functions of the Software.

5. Open Source. The Software may contain components licensed to elabank.net under the GNU General Public License (“GPL Components”), currently available at . The terms of the GPL will govern solely with respect to the GPL Components of the Software to the extent that this EULA conflicts with the requirements of the GPL and, in such event, you agree to be bound by the GPL with respect to your use of such components.

6. Ownership. The Software is a valuable property of elabank.net and its licensors, protected by copyright and other intellectual property laws and treaties. elabank.net or its licensors own all rights, titles and interests in and to the Software, including but not limited to copyright and any other intellectual property rights.

7. No Warranty.

7.1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. elabank.net DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

7.2. elabank.net DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

8. Disclaimer of Certain Damages. IN NO EVENT WILL elabank.net BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF elabank.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Limitation of Liability.

9.1. IN NO EVENT WILL elabank.net OR ANY OF elabank.net’S AFFILIATES, BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES RESULTING FROM POSSESSION, ACCESS, MALFUNCTION, USE OF, OR INABILITY TO USE, THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT elabank.net AND elabank.net’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, elabank.net’S AFFILIATES ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

9.2. IN NO EVENT SHALL elabank.net’S OR elabank.net’S AFFILIATES’ LIABILITY FOR ANY DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE elabank.net SOFTWARE OR FIVE US DOLLARS (US $5), WHICHEVER LESS.

9.3. SINCE SOME STATES AND COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THE LIMITATION OF LIABILITY DETAILED ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10. Indemnification. Licensee shall immediately upon demand indemnify and hold harmless elabank.net, elabank.net Affiliates and their officers, directors, employees, agents, representatives, subsidiaries and affiliates, from and against any and all claims, demands, damages, liabilities, losses and expenses (including without limitation all attorneys’ fees, costs and expenses) of any kind whatsoever, arising directly or indirectly out of any representation, action or omission by you in using the Software or resulting from your breach of this EULA.

11. Termination. Without prejudice to any other rights, elabank.net may terminate this EULA without further obligation or liability hereunder at its discretion upon 30 days prior notice, immediately if you do not abide by the terms and conditions contained herein, upon regulatory demand or upon advice provided by elabank.net’s legal counsel. In such event, you must cease use of the Software and destroy all copies of the Software and all of its component parts.

12. Rights and Obligations Upon Termination. Upon expiration or termination of this EULA, all rights granted to you hereunder shall cease and you shall promptly purge all copies of the Software or any portion thereof from all machines and/or other computer storage devices or media.

13. Assignment. You may not transfer or assign your rights under this EULA to any third party. Any such transfer or assignment in violation of the foregoing restriction will be void. elabank.net may assign its rights under this EULA to any third party at its own discretion.

14. Entire Agreement. This EULA sets forth the entire agreement of elabank.com and you with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.

15. Modification. elabank.net reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on elabank.net’s website. You will be deemed to have accepted such changes by continuing to use the elabank.net Software. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

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