USER TERMS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SOFTWARE DEVELOPMENT KIT

Who we are and how to contact us
The Software Development Kit (“SDK”) is created and operated by Hadean Supercomputing Ltd ("We"). We are registered in England and Wales under company number 09808169 and have our registered office at 9 Appold Street, London, England, EC2A 2AP.  To contact us, please email support@hadean.com.

By using the SDK you accept these terms
By using the SDK, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the SDK. We recommend that you print a copy of these terms for future reference.

If you are downloading the SDK for use within a company, group or any other business structure whereby other individuals will be able to use the SDK, including all employees, contractors, consultants or otherwise, you procure that any user of the SDK within that company, group or business structure will comply with these terms.  Any reference to “you” within these terms includes any individual who accesses the SDK from your download.

We may make changes to the SDK
We may need to update the SDK from time to time to reflect users' needs and functionality. We can do this at any time, without providing notice to you.

SDK Availability
We do not guarantee that the SDK, or any content on or in it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of it, at any time. We will try to give you reasonable notice of any suspension or withdrawal.

You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures for accessing the SDK, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@hadean.com.

Use of the SDK
You may use the SDK only for the purposes of trialling the building and running of simulations on our Aether Engine and deploying them across Microsoft’s Azure cloud, in accordance with these terms of use (“Purpose”).  The SDK is not designed for any type of commercial studio project -- it is strictly a trial product that exists in a confined environment, designed for developers to test the Aether Engine’s capabilities and its developer experience.

You must be connected to the internet to build on the SDK – you will be unable to build offline. Internet connection is also required to run the SDK on Microsoft Azure.  Once built, you will be able to run locally, offline.

Prohibited Uses
You may not use the SDK:
for anything other than the Purpose;
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which, in our opinion, does not comply with acceptable content standards;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly create or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:
We are the owner of any and all intellectual property rights in the SDK. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You are strictly prohibited from sharing any source code, object code or any other part of the SDK with any third party unless you have our prior written consent.
You are not receiving any fee for the use of the SDK.
Not to reproduce, reverse engineer, duplicate, copy or re-sell any part of the SDK.
Not to access without authority, interfere with, damage or disrupt:
any part of the SDK, Aether Engine or our operating system;
any equipment or network on which the SDK is stored;
any software used in the provision of the SDK; or
any equipment or network or software owned or used by any third party.
To keep all aspects and use of the SDK confidential and not reveal its functionality, use or any other information relating to the SDK to any third party.
Not to make any disparaging, offensive, untrue or damaging statements in any feedback of the SDK about us, the SDK or otherwise.
That any feedback you provide is assigned to us and that you will not provide feedback about the SDK to anyone other than us.
You are responsible for configuring your information technology, computer programmes and platform to access our site and Microsoft Azure. You should use your own virus protection software.

If you copy or download any part of the SDK in breach of these terms of use, your right to use the SDK will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We are not responsible for websites or third-parties we link to
Where the SDK contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you
We exclude all implied conditions, warranties, representations or other terms that may apply to the SDK or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the SDK; or
use of or reliance on any content displayed within the SDK and/or access platform.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Your responsibility to us
You warrant that any content created by you in respect of your testing of the SDK does not breach these terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We also have the right to disclose your identity to any third party who is claiming that any content created by you regarding the SDK constitutes a violation of their intellectual property rights, or of their right to privacy. 

You must not attempt to gain unauthorised access to any part of the SDK, or any server, computer or database connected to the SDK. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

How we may use your personal information
We will only use your personal information as set out in our privacy policy, which can be found at www.hadean.com/legal/privacy-policy

Breach of these Terms
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.  Failure to comply with these terms constitutes a material breach of the terms and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the SDK.
Immediate, temporary or permanent removal of any content uploaded by you to our site, servers or other Hadean owned or operated infrastructure.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?
These terms are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.