Common use of Operational and IT Risks Clause in Contracts

Operational and IT Risks. The smart-contract concept on which the Share Tokens are built and the blockchain technology in general are still in an early development stage and unproven, therefore there is no warranty that the process of creating, receiving, holding, using and storing Share Tokens will be uninterrupted or error-free and there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of Share Tokens. Furthermore, it is possible that there may take place hacking attacks and other unexpected activities which could result in the theft or loss of Share Tokens. Moreover, the underlying protocol may be subject to future changes and unforeseen problems which can affect the proper functioning of the smart-contract and cannot be influenced by the Issuer. In particular, blockchains are susceptible to mining attacks, including but not limited to doublespend attacks, majority mining power attacks, "selfish-mining" attacks, timestamp manipulation, and race condition attacks. Any successful attacks present a risk to the Share Tokens, expected proper execution and sequencing of transactions in Share Tokens, and expected proper execution and sequencing of contract computations and may result in the loss of Share Tokens. In some applications, it may be desirable to use a smart contract to autonomously manage Share Tokens. Depending on the precise implementation, this could lead to a situation where a malicious claim on the Share Tokens held by the contract address cannot be cleared by the rightful owner. The Company cannot be held liable for loss of tokens resulting from incompatible implementation of third-party smart contracts.

Appears in 2 contracts

Samples: Registration Agreement, Registration Agreement

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Operational and IT Risks. The smart-contract concept on which the Share Tokens are built and the blockchain technology in general are still in an early development stage and unproven, therefore there is no warranty that the process of creating, receiving, holding, using using, and storing Share Tokens will be uninterrupted or error-free and there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of Share Tokens. Furthermore, it is possible that there may take place hacking attacks and other unexpected activities which could result in the theft or loss of Share Tokens. Moreover, the underlying protocol may be subject to future changes and unforeseen problems which can affect the proper functioning of the smart-contract and cannot be influenced by the Issuer. In particular, blockchains are susceptible to mining attacks, including but not limited to doublespend attacks, majority mining power attacks, "selfish-mining" attacks, timestamp manipulation, and race condition attacks. Any successful attacks present a risk to the Share Tokens, expected proper execution and sequencing of transactions in Share Tokens, and expected proper execution and sequencing of contract computations and may result in the loss of Share Tokens. In some applications, it may be desirable to use a smart contract to autonomously manage Share Tokens. Depending on the precise implementation, this could lead to a situation where a malicious claim on the Share Tokens held by the contract address cannot be cleared by the rightful owner. The Company cannot be held liable for loss of tokens resulting from incompatible implementation of third-party smart contracts.

Appears in 2 contracts

Samples: Registration Agreement, Registration Agreement

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Operational and IT Risks. The smart-contract concept on which the Share Tokens are built and the blockchain technology in general are still in an early development stage and unproven, therefore there is no warranty that the process of creating, receiving, holding, using and storing Share Tokens will be uninterrupted or error-free and there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of Share Tokens. Furthermore, it is possible that there may take place hacking attacks and other unexpected activities which could result in the theft or loss of Share Tokens. Moreover, the underlying protocol may be subject to future changes and unforeseen problems which can affect the proper functioning of the smart-contract and cannot be influenced by the Issuer. In particular, blockchains are susceptible to mining attacks, including but not limited to doublespend double- spend attacks, majority mining power attacks, "selfish-mining" attacks, timestamp manipulation, and race condition attacks. Any successful attacks present a risk to the Share Tokens, expected proper execution and sequencing of transactions in Share Tokens, and expected proper execution and sequencing of contract computations and may result in the loss of Share Tokens. In some applications, it may be desirable to use a smart contract to autonomously manage Share Tokens. Depending on the precise implementation, this could lead to a situation where a malicious claim on the Share Tokens held by the contract address cannot be cleared by the rightful owner. The Company cannot be held liable for loss of tokens resulting from incompatible implementation of third-party smart contracts.

Appears in 1 contract

Samples: Registration Agreement

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