BACKGROUND
Smartlaunch Mining Management gives gaming center owners and operators a hands-on experience of crypto mining and an indication of their gaming center’s revenue potential from crypto mining.
Mining is done when computers are not occupied by customers.
Smartlaunch users can participate in the beta testing of Smartlaunch Mining by enabling the feature in the Smartlaunch Server on these terms and conditions:
1. ACCEPTANCE OF TERMS.
Adcore ApS, CVR: 32320465, Frederiksborggade 15, 2.sal, 1360 Copenhagen, Denmark (referred to here as “Adcore”) is conducting a beta test of its Smartlaunch Mining Management feature. By accepting this Beta Tester Agreement, You acknowledge that you have read, understood, and agree to be bound by the agreement. If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this agreement, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with the agreement, You must not accept the agreement and may not participate in the beta test.
2. DEFINITIONS
‘Beta testing’ is an opportunity for real users to use a software application in a production environment, with the goal of uncovering any bugs or issues so they can be addressed before a general release.
‘Mining‘ means earning an amount in a currency like Bitcoin or Ethereum by solving puzzles with a software application running on computers.
Smartlaunch Mining Management’ is a software feature added to Smartlaunch that is being beta tested. The Beta Test is enabled in the Smartlaunch Server by the user.
‘Beta Tester’ is a user who is participating in the Mining Beta Test.
‘License email’ is the email address that the user registered with Smartlaunch. The license to use the Smartlaunch software is linked to this email address.
3. BETA TESTERS DUTIES
3.1 Reporting of bugs
Beta Tester agrees to report any flaws, errors, or imperfections discovered in the Smartlaunch Mining Management software feature. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Test and undertakes to use best efforts to provide frequent reports on all aspects of the feature, both positive and negative.
3.2. Reporting of mining related matters
One of the objectives of the beta test is to determine the conditions for profitable mining.
Beta Tester will report:
(i) Power Consumption of CPUs and graphics cards, and electricity costs. .
(ii) Other direct and indirect costs.
(iii) Policies to protect against unauthorized mining.
(iv) Detected malware, issues and concerns related to mining.
This Agreement is personal to the Beta Tester. The Beta Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
4. FEES AND COSTS
The Beta Tester is responsible for all costs, such as electricity costs, etc., and expenses associated with the use of Smartlaunch Mining Management and the performance of all testing and evaluation activities.
5. AMOUNT MINED IN A TEST
The Amount Mined is displayed on a web page with a URL on the Beta Tester’s Smartlaunch Server.
80% of the Amount Mined in this beta test will be transferred to the Beta Tester.
20% of the Amount Mined in this beta test will be transferred to Adcore.
6. CONFIDENTIALITY
Beta Tester will report findings and observations to Smartlaunch. Beta Tester will not disclose the Mining Test feature or any comments regarding the feature to any third party without the prior written approval of Adcore. Beta Tester will not be liable for the disclosure of any confidential information which is:
(a.) in the public domain other than by a breach of this Agreement on Beta Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality, or (c.) rightfully known to Beta Tester without any limitation on use or disclosure prior to its receipt from Adcore; or (d.) generally made available to third parties by Adcore without restriction on disclosure.”
7. MODIFICATION
This is the entire agreement between the parties relating to the subject matter of mining and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.”
8. NO ASSIGNMENT
This Agreement is personal to the Beta Tester. The Beta Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
9 EXPORT COMPLIANCE.
You are responsible for complying with any applicable laws, rules, or regulations governing crypto mining.
10 GOVERNING LAW.
This Beta Tester Agreement shall be governed by the laws of Denmark without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of Denmark for the purpose of resolving any dispute relating to Your use of the Smartlaunch Mining Test.