Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software pursuant to and subject to the Site License Agreement. By downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download or use this Software.
This is a binding Agreement: read all terms; retain a copy.
The terms and conditions of this Agreement are subject to change without notice from time to time at our sole discretion. You can find the latest version of this Agreement at https://portal.sibex.io/eula
Carefully read the following terms and conditions before accessing, installing or using the Software. By clicking "I agree", downloading the Software, or installing/using the Software, You are consenting to be bound by this SIBEX End User License Agreement ("Agreement"). If You are not willing to accept the terms and conditions of this Agreement, You may not access, copy, install or use the Software, and should uninstall/remove/destroy any additional or already installed copies of the Software.
SIBEX AG: Unter Altstadt 28, 6300 Zug, Switzerland
You: means you as an individual user of the Software, authorized by the person or entity who owns or otherwise lawfully controls the computer on which the Software is installed or accessed.
Software: The SIBEX computer programs provided by SIBEX AG under this Agreement. These programs include, but are not limited to, SIBEXD, SIBEX GUI, and the SIBEX User Portal.
Intellectual Property Rights: Any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law and/or unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof.
Remote Access to a License: Accessing the Software of another computer that is located at the physical site of product registration.
Hashed Time-Locked Contract: The nature and sequence of transactions required to fulfill a contract created and entered into between two parties, with contract enforcement performed solely through the Bitcoin and Ethereum computer networks. Hashed Time-Locked Contracts are abbreviated "HTLC".
SIBEX Protocol: The communication standard which allows networked computers to broadcast and receive data for the creation and propagation of contracts.
SIBEX Network: A distributed network of computer servers which communicate using the SIBEX Protocol.
SIBEX Client: A computer which is connected to the SIBEX Network.
SIBEX Graphical User Interface: The SIBEX Graphical User Interface ("SIBEX GUI") computer program establishes a network connection to the SIBEXD API, accepts user input, and displays information to the user.
SIBEXD API: The Application Programming Interface (API) exposed by the SIBEX Client daemon computer program.
SIBEX USER SELF SERVICE PORTAL: The SIBEX Self Service User Portal ("User Portal") is used to fulfill administrative actions, including but not limited to the distribution and revocation of License Keys, submission of personal details for the purposes of fulfilling legally required compliance checks.
LICENSE KEY: A License Key is a code which unlocks access to a newly established SIBEXD instance.
SIBEX AG is the sole owner of the Software with the exception of the portions licensed by SIBEX AG from third-party owners. SIBEX AG is the holder of the Intellectual Property Rights in the Software, including, without limitation, such aspects of the Software as its code, structure, sequence, organization, "look and feel", programming language and compilations of command names, descriptors and data. Use of the Software, unless pursuant to the terms of a license granted by SIBEX AG or as otherwise authorized by law, is an infringement of Intellectual Property Rights. When publishing academic or research papers for which the Software was used, the Software should be appropriately cited as a reference and/or described in a methods section. Notwithstanding the obligation to provide acknowledgment stated above, no other right to use the names, marks or other distinctions of the Software or SIBEX AG is granted.
Subject to the terms of this Agreement and Your acceptance thereof, SIBEX AG grants You a non-exclusive license to use the Software. Your license to use the Software terminates immediately on your ceasing to be authorized to use the Software for any or no reason. Provisions of this Agreement that by their nature express ongoing rights or obligations shall survive the expiration or termination of this Agreement. You are also authorized to:
Install and use the Software from a single storage device (e.g. a hard-disk drive)
Remotely access and use the Software
1- decompiling, disassembling or reverse engineering the Software;
2- modifying the Software in any manner;
3- distributing, publishing, transferring, sublicensing, lending, leasing, renting or otherwise making available the Software or any portion of the Software, including collections of data;
4- copying or allowing copying of the Software or any elements of the Software, except as permitted for the maintenance of an archival copy of the Software as allowed by the Permitted Uses and Installations section of this Agreement;
5- allowing access to the Software by any user other than You;
6- removing any copyright, trademark or other proprietary notices from the Software;
7- using the Software for any illegal purpose; and
8- using a password, activation key or other means of accessing the Software other than as specifically authorized by SIBEX AG.
9- periodically renting or granting access to any third party other than You.
Only the Software licensed by SIBEX AG may be used to access the SIBEX Network. Unauthorized access or use of The Network is prohibited.
SIBEX AG reserves the right to operate one or more experimental seed nodes, for the purpose of efficient peer discovery and ongoing advancement of network performance. This is not an offer of a product or service and does not include any warranty or performance guarantee.
Performing any action which may cause the failure of a Hashed Time-Locked Contract in general or otherwise disrupts the normal and intended use of the SIBEX Network is prohibited. Such actions include, but are not limited to:
1- Intentional disruption of the Bitcoin or Ethereum chains, using hashpower or other means
2- Entering into a Hashed Time-Locked Contract with insufficient funds to fulfill the contract
3- Causing an insufficient funds condition after entering into a Hashed Time-Locked Contract
Except as specifically provided in this Agreement, the Software is provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness and delays. Customer agrees that outputs from the Software will not, under any circumstances, be considered investment advice or professional advice and are not meant to replace the experience and sound professional judgment of professional advisors in full knowledge of the circumstances and details of any matter on which advice is sought.
Computer programs offered by SIBEX AG for use in third party products and services are provided “as is” and without warranty of any kind. You acknowledge that SIBEX AG has no control over or access to the servers on which you install and use the Software, and any and all data loss, including that which leads to loss of funds, is Your responsibility.
SIBEX AG provides a Self Service User Portal for Your convenience in accessing important information. The personal data you provide for the purposes of compliance with Swiss Law is processed by FullStack Inc, DBA Argos Solutions. The data you provide in the User Portal is protected by Swiss Data Laws. SIBEX AG may offer additional products and services through the Self Service User Portal at its sole discretion.
The SIBEX GUI, or "Trading Interface", is a computer program which is installed on a server and is accessed with a web browser. This program may be installed and accessed locally or accessed remotely by licensed users of SIBEX Software. SIBEX AG may host experimental instance(s) of the SIBEX GUI, which are publicly accessible. One such instance may be accessed with https://trade.sibex.io.
Experimental instances of the SIBEX GUI are for testing and demonstration purposes only, and carry no terms of service or availability guarantee. The server on which the SIBEX GUI process runs does not store any data, personal or otherwise, nor has any means to accept any data You may attempt to provide it. It is the licensee's responsibility to use their own SIBEX GUI for production purposes.
It is prohibited to distribute, modify, or otherwise disclose or make use of any data created or discovered in the course of accessing any SIBEX software without the express written permission of SIBEX AG. Examples of data created or discovered include but are not limited to pricing data, volume data, offer data, or personal data.
If you create a SIBEX User Portal account following an affiliate URL given to you by a SIBEX affiliate, transactions you create using SIBEX Software may be reported to SIBEX AG for purposes such as revenue or profit sharing with the SIBEX affiliate.
In no event shall SIBEX AG or its agents, representatives and independent contractors be liable for any lost profits (whether direct or indirect), lost use, lost benefits or any consequential, indirect, incidental, special or punitive damages, whether in contract, tort or otherwise, even if SIBEX AG has been advised of the possibility of such damages. SIBEX AG's cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, actions or otherwise arising out of or relating to this Agreement shall not exceed the license fee paid for the Software during the 12 month period preceding the event giving rise to such claim..
You agree to indemnify, pay the defense costs of, and hold SIBEX AG, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software. You agree to reimburse SIBEX AG on demand for any defense costs incurred by SIBEX AG and any payments made or loss suffered by SIBEX AG, whether in a court judgment or settlement, based on any matter covered by this Section 9.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
Where SIBEX AG has provided You with a translation of the English-language version of the terms, then You agree that the translation is provided for Your convenience only and that the English-language version of the terms will govern Your relationship with SIBEX AG. If there is any contradiction or discrepancy between what the English-language version of the terms says and what a translation says, then the English-language version shall take precedence.
This Agreement and all matters arising out of it shall, unless otherwise specified on the applicable ordering document or by Supplier in writing, in all respects be governed by the laws of Switzerland and shall be subject to the exclusive jurisdiction of the courts of the Canton of Zug, Switzerland.
SIBEX is a registered trademark of SIBEX AG.