Terms & Conditions
- Gray Simulation Systems PTE. LTD. (“GC”) finds the following representations and warranties made by Buyer to be material and GC relies on each and every one of the following representations and warranties in contracting in any way with a purchaser of any NFT. Please only proceed if you as “User” agree to each of the following warranties and promises. GC does not agree to sell anything to any member of the public that does not actually assent and agree to these terms. GC does not seek or intend to make a sale of any kind to any potential purchaser that does not agree to all of the following terms:
- The purchase of a GC product comes with no warranties from GC. GC disclaims any promises and any warranties the buyer may believe to exist. There is no warranty given by GC and the token is sold as is. GC makes no representation of any future value or utility of any NFT. GC states they will not work to create increase in value of the NFT.
- By purchasing an NFT or by using this site in any way, Buyer agrees and warranties that they have read, understand and agree to all of the terms and conditions found here.
- Buyer agrees that Buyer is not buying a NFT with the expectation of any financial opportunity or gain whatsoever. Buyer agrees and states that Buyer has no expectation of financial return, profit, or gains from the purchase of a NFT. The Buyer agrees there may not be a secondary market for NFTs at any time in the future, and assumes there will not be a secondary market at all for the NFT purchased from GC. Buyer agrees and states that Buyer has no expectation of possible resale of their NFT. Buyer acknowledges that they have no expectation that any secondary marketplace that exists at the time of mint, will continue to exist, or will provide any opportunity for resale of the NFT. GC states and Buyer agrees, Buyer should expect no opportunity for resale of a NFT. Buyer agrees that the purchase of the NFT is for the consumptive value or functionality of the NFT, the uniqueness of the art, and consumptive purposes only.
- THE DIGITAL COLLECTIBLE IS INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. The User agrees that
- The product IS NOT A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY U.S. STATE.
- This site and the GC product are produced by Gray Simulation Systems PTE. LTD. (“GC”). These terms apply to GC product associated with the following contract address:
Gray Simulation Systems PTE. LTD will have no responsibility or liability, and you hereby waive and release any and all claims, arising out of or in connection with
- any blockchain or related technology,
- any digital wallet, MetaMask technology, similar technology or related service,
- the transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT,
- any marketplace or other platform for buying, selling or transferring any NFT other than the Platform,
- any Enabled Platform or any platform or service provided by any third party or any technology related thereto,
- any Modified Content or Additional Benefit provided by any third party, or any terms or conditions applicable to any such Modified Content or Additional Benefit,
- any computer, server, network device or other hardware or any Internet service provider or other telecommunications service or hardware, or
- any other service, equipment, technology or network or data transfer infrastructure not owned and controlled by Gray Simulation Systems PTE. LTD.
- GC finds the representations and warranties made by Users to be material and GC relies on each and every one of the following representations and warranties in contracting in any way with a purchaser of a GC. GC does not agree to sell a GC to any member of the public that does not actually assent and agree to these terms.
- GC does not seek or intend to make a sale of any kind to any potential purchaser that does not agree to the following terms:
- The purchase of a GC comes with no warranties by GC. GC disclaims any promises and any warranties the User may believe to exist. There is no warranty given by GC and the NFT is sold as is. GC makes no representation of any future value or utility of GC.
- GC make no warranties about the security of any smart contract User interacts with. Buyer holds GC harmless for any damages resulting from interacting with a smart contract.
- By owning, purchasing, or minting a GC User agrees and warranties that they have read, understand and agree to all of the terms and conditions found on this site
- User agrees that User is not and never will buy a GC with any expectation of any profit.
- User agrees they do not expect any future utility related to GC.
- To the fullest extent permitted by Law, Holder shall defend, indemnify and hold GC and its affiliates harmless from and against any and all claims, actions, damages, expenses (including reasonable attorneys’ fees), losses or liabilities incurred by or asserted against Holder or any of its Indemnitees for injury (including death) to persons or damage or destruction to property and any and all fees, costs or penalties incurred by Holder or any of its affiliates, to the extent that such claims, actions, damages, expenses, losses, liabilities, fees, costs or penalties are caused by or arise out of any product or service associated by use of the image associated with Holder's NFT.
- User agrees that User never has, and will not ever purchase or otherwise spend any money in relation to a GC with the expectation of any financial gain, any profit, or gain whatsoever. User agrees and states that User has no expectation of financial return, profit, or gains from the purchase or from the ownership of a GC. The User agrees there may or may not be a secondary market for GC at any time in the future, and assumes there will not be a secondary market at all for the GC purchased from GC. User agrees that immediately after the time of purchase, it will be assumed that the resale value is zero.
- User agrees and states that User has no expectation of possible resale of their GC. User acknowledges that they have no expectation that any secondary marketplace that exists at the time of mint, will continue to exist, or will provide any opportunity for resale of the GC. GC states and User agrees, User should expect no opportunity for resale of a GC.
- User agrees that the purchase of the GC is for the consumptive value or functionality of the GC and the uniqueness of the art.
- User agrees to binding arbitration for any cause or claim arising out of the purchase or marketing of the nft product, or any action against or involving Gray Simulation Systems PTE. LTD or any successor in interest or newly established entity.
- User agrees to arbitrate certain disputes and claims with GC and limits the manner in which User can seek relief from GC, unless User opts out of arbitration by following the instructions set forth below. User agrees that no class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes User from suing in court or having a jury trial.
- No Representative Actions. User and GC agree that any dispute arising out of or related to these Terms or our Services is personal to User and GC and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- Arbitration of Disputes. Except for small claims disputes in which User or GC seeks to bring an individual action in small claims court located in the county of User billing address or disputes in which User or GC seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, User and GC waive User rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that User have against GC User agree to first contact GC and attempt to resolve the claim informally by sending a written notice of User claim (“Notice”) to GC by certified mail addressed to GC. The Notice must (a) include User name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to User will be similar in form to that described above. If User and GC cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by Singapore International Arbitration Centre (SIAC) or, under the limited circumstances set forth above, in court. All Disputes submitted to SIAC will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the jurisdiction that holds the address of Defendant.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, GC, and User will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
- User and GC agree that for any arbitration User initiate, User will pay the filing fee and User and GC will split equally the remaining SIAC fees and costs; provided that if User are a consumer the maximum amount User will be required to pay for the filing fee is $250 and GC will pay any remaining amount of the filing fee and the remaining SIAC fees and costs. For any arbitration initiated by GC, GC will pay all SIAC fees and costs.
- If any portion of these agreements is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration agreement and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of Arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of the Agreement will be enforceable.
- Governing Law and Venue. Any dispute arising between User and GC, not arbitrated in accordance to previous arbitration agreement, will be governed by and construed and enforced in accordance with the laws of the Singapore City, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Venue is agreed by the parties to be any court of competent jurisdiction in Singapore city, Republic of Singapore.
- No intellectual property rights are transferred by the sale of a GC, beyond what is described herein.
- User agrees that they have no expectation of profit, and no expectation of the ability to resell any GC NFT.
- User agrees that these terms applies to any GC item they buy from any other party.
- User acknowledges that GC, its founders, counsel or affiliates did not make any statement that induced User to purchase a GC, regarding the value of a GC, the future value of the GC, or any potential for profit about purchasing a GC.
- User specifically warrants that it has the legal right to make the purchase of a GC. User warrants they are not in a country or jurisdiction that is prohibited from making the transaction.
- User agrees that their purchase or ownership of a GC does not violate the Trade Control Law, including that they are not (a) in Cuba, Crimea, Iran, North Korea, Sudan, or Syria, or in any other embargoed destination, or (b) listed on, or owned or controlled by anyone on, a sanctioned party list published by the U.S. Departments of Commerce or Treasury, including the Specially Designated Nationals and Blocked Persons List (a “Sanctioned Party”).
- NFTs sold or in anyway provided by GC are intended for purchase and use by persons 14 years of age or older. User acknowledges and agrees that User is not permitted to visit graycraft.com or purchase the NFTs, and shall not access GC’s website or purchase any NFTs provided by GC if User is under the age of 14. By using the website, or owning a GC, you certify that you are at least 14 years of age You also agree not to assist anyone under the age of 14 in accessing graycraft.com or the NFTs or attempt to contact anyone under 14 while accessing or using the website.
- User certifies that User is not a Sanctioned Party or located in or a resident of any embargoed destination. In addition to any other remedy that GC may have, GC may suspend and/or cancel the provision of any Item if GC believes, in its discretion, that such activity may violate any Trade Control Law or GC’s own compliance policies.
- User agrees and states that the variety of traits that may be found in or connected to GC NFTs do not have inherent value.
- Owners and all users, which includes subsequent purchasers, agree to pay royalties to the creator associated with this NFT, regardless if there are ways to transfer ownership without paying royalties.
- User agrees that Gray Simulation Systems PTE. LTD has the right to modify these terms and conditions from time to time. User agrees that an airdrop to the minting or holding address is sufficient and expected mode of delivering legal notice for any update to binding terms and conditions by GC, or lawsuit initiated by GC.
- User agrees that when they lawfully own a GC NFT, you own all personal property rights to the NFT underlying the GC (e.g., the right to freely sell, transfer, or otherwise dispose of that GC). However, your rights to the associated artwork, images, video, content, audio or other works of authorship linked to your specific GC which was developed by GC (or "Creator") are only as outlined below.
GC License. For as long as you lawfully own a GC NFT, GC grants you a non-exclusive, perpetual, irrevocable (except as set forth in these terms) worldwide license under our copyrights to use, distribute, reproduce, display, perform, modify, and create derivative works of the specific GC linked to your GC for personal use, and subject to the commercial uses, with the right to sublicense such rights through multiple tiers of sublicensees subject to the limitations in these Terms with GC being a third party beneficiary to all such sub licenses with the ability to enforce such agreements. This license includes the right to display as a profile picture, display on products or services using the GC or GC Derivatives (as defined below), display on sold merchandise, or to display in a physical or digital museum. These rights do not include the commercialization in any entertainment property. All intellectual property rights in and to the GC and any other intellectual property rights of GC not expressly licensed herein are reserved by GC.
- Modifications and Derivative Works. We understand that you may want to create derivative works of the GC (“Your GC Derivatives”) and we allow you to do so under the scope of the license granted above. However, you acknowledge and agree that (a) we may also create our own future derivatives of the GC, (b) the subsequent lawful owner of the GC may create its own derivatives of the GC and (c) other owners of their own GCs and the associated artwork, images, video, content or other works of authorship linked to such GC (“Other Project GC”) may also create their own derivatives of the Other Project GC (each of them “Other GC Derivatives”). All derivative works and all granted uses are subject to the exceptions outlined herein.
- These Other GC Derivatives may be similar or identical to Your GC Derivatives. Accordingly, on behalf of yourself and your heirs, successors and assigns, you irrevocably covenant and agree not to assert or bring any suit, claim, demand or challenge against (a) GC or its past, present and future parents, affiliates or licensees (or any of their partners, members, employees, officers, directors, contractors, agents and equity holders) in connection with their use distribution, reproduction, display, perform, modification, and creation of derivative works of any GC or any of their own Other GC Derivatives or (b) any other GC owner or its past, present and future parents, affiliates or licensees (or any of their partners, members, employees, officers, directors, contractors, agents and equity holders) in connection with the use distribution, reproduction, display, perform, modification, and creation of derivative works of the Other Project GC or any of their Other GC Derivatives. The foregoing is the case even if such Other GC or Other GC Derivatives is similar to or the same as any of Your GC Derivatives that have been created by you. For the avoidance of doubt, any rights granted herein to Owner, do not reduce the rights reserved by GC. GC intends to use the intellectual property associated with the NFTs in many ways, and reared all rights to do so.
- No Rights to Trademarks. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with GC or the NFTs (“Project IP”). Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks, in any GC Derivatives, or to advertise or promote any other products or services.
Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with Smudge International LTD. “SMG” or the NFTs (“SMG IP”). Unless you have our prior written approval, you may not use any SMG IP for any use that would require a license from SMG, including to register any domain names or social media accounts using any SMG IP, in any GC Derivatives, or to advertise or promote any other products or services.
- Transfer and Sub-licensing. The licenses granted in these Terms are non-transferrable, except that if you lawfully transfer ownership of your GC NFT, the license to the GC NFT to you shall terminate upon the effective date of such transfer, and such licenses will be given to the new owner of the GC associated with such GC. As a condition to sales, transfers or similar transactions of the NFTs, the transferee agrees upon the acquisition of the GC that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. Further, if you choose to sublicense any of your licensed rights set forth in Section 1.1 above, you are only permitted to do so if any such sublicensees agree (i) that they are not Restricted Parties, (ii) to the same covenant not to assert as set forth in the second to last sentence of Section 1.2, and (iii) that if your licensed rights in Section 1.1 are transferred (such as because you sell your GC NFT), then any such sublicenses you have granted in such licensed rights will automatically terminate. Because virtually all public blockchains are licensed under open source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your GC. In such case, any rights granted under these Terms to owners of any GC will only be granted to the lawful owners of such GC whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (Parties agree that ‘what is the main net version?’ Shall be determined by GC at the time of issue).
- Third Party Content. The GC hereby represents and warrants to you that all of the copyrights in the GC NFT are owned by the GC, and does not contain (a) any artwork, images, video, content or other works of authorship, (b) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by the GC (“Third Party Content”), provided that the foregoing shall not apply if the GC has obtained a license to such Third Party Content consistent with the licenses under this Agreement or the GC has supplemented this NFT License with an additional license that governs your right to use such Third Party Content.
Restrictions. Notwithstanding any of the terms, User may not use the GC NFT in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, as determined in GC’s sole discretion. User agrees that GC may delegate this duty at its own discretion.
- If a GC NFT is fractionalized into smaller ownership interests (which may be represented by other tokens), the rights licensed hereunder do not transfer to each of the owners of such fractionalized interests in the GC NFT, but are only granted to those who own all fractionalized interests in a GC NFT or as may otherwise be agreed by the owners of such fractionalized interests if each of such owners agree that (a) the owner is not a Restricted Party and (b) the owner accepts these Terms. In order to purchase the GC if you are an individual, you must be 14 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction. If you are an entity, the individual agreeing to the Terms must have the legal authority to bind the entity. If (a) you are an individual, you agree on your own behalf and (b) if you are an entity, you agree that neither the entity nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf: (i) is related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control (“OFAC”), or any persons who are named on any list of sanctioned individuals or entities; (ii) is (or has ever been) prohibited from the transaction pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) is resident in a country or jurisdiction under a U.S. embargo enforced by OFAC (“Restricted Parties”).
Any grant of rights associated with intellectual property by GC, is further restricted in the following ways:
- User has no right to create a commercial entertainment property in any form, from the Grant, without permission from GC.Any holder that wishes to build an entertainment property is encouraged to contract GC at email@example.com. Any holder that wishes to build outside of the license intentionally granted by these terms, is encouraged to contract GC at firstname.lastname@example.org. User agrees, “Entertainment” is broadly defined to include all known and unknown mediums, types, and technologies. Further, included but not limited to, the story, lore, origin story, games, essence of the depicted image, description of the scene, or any other description in words, audio visual, graphic, computer generated, augmented reality, or virtual reality, are fully reserved by GC and are not part of the grant. No use under the Grant, shall be used in conjunction with any the above or the grant is automatically revoked without notice. A determination of whether or not the use is within this reservation is to be determined by GC subjectively. User agrees not to create or endeavor to create, or in any way cooperate with any who attempt to endeavor to create, any project that GC deems to be Entertainment.
- All uses under the Grant, shall be done in 2 dimension format keeping the same color scheme, material, textures, and special effects, as shown in the image associated with the token ID User that gives the Grant. No use under the Grant, shall be used in conjunction with any the above or the grant is automatically revoked without notice.
- All uses under the Grant, shall be done in good faith.
DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION
- Disclaimers. YOUR ACCESS TO AND USE OF THE GC NFT IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GC, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITY HOLDERS (THE “GC ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN NFTs. THE GC ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF NFTs; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE GC NFTs WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT ANYTHING. THE GC NFT ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
- Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE GC ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE NFTs OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE GC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF NFTs. THE MAXIMUM AGGREGATE LIABILITY OF THE GC ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT YOU PAID FOR YOUR NFT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
- Assumption of Risk. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE GC NFT.
- Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE GC ENTITIES AND YOU.
- Additional Features. GC may choose to make additional features, access, content, items or other benefits available to owners of GC NFTs (“Additional Features”). GC has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring a GC NFT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.
- Termination of License. If you materially breach any of the provisions of these Terms, GC may terminate all of the licenses granted to you under these Terms. Upon the termination of your licenses, you shall cease all use associated with the Grant, including, without limitation, ceasing all marketing, distribution, or sale of goods, services and media that feature the GC and shall cease all further use of the GC (including any GC Derivatives), and all sublicenses you have granted in the GC shall automatically terminate. Termination will not limit any of GC’s other rights or remedies at law or in equity.
- Miscellaneous. These Terms constitutes the entire and exclusive understanding and agreement between GC and you regarding the NFT and supersedes and replaces any and all prior oral or written understandings or agreements between GC and you regarding the NFT. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by GC. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.