HubConnect for Hubitat and SmartThings
is a software package created and licensed by Retail Media Concepts LLC. HubConnect, along with associated elements, including but
not limited to online and/or electronic documentation are protected by international
laws and treaties governing intellectual property rights. This software has
been licensed, not sold. All rights are reserved.
The
user is hereby notified that the of the following actions of downloading,
installing, or executing HubConnect indicates
acceptance of the following license terms.
By performing these actions, the licensee, herein referred to as “the
user” hereby agrees to the following terms;
1.
LICENSE
GRANT Retail Media
Concepts LLC grants the user the non-exclusive and non-transferable right to
use this program and documentation for use on any number of Hubitat
and/or SmartThings locations under the direct control of the user, unless
otherwise specified in the invoice and/or sales agreement, or otherwise in
writing by an authorized representative of Retail Media Concepts LLC.
2.
INTELLECTUAL
PROPERTY This program, as
well as any corresponding documentation or information is the exclusive
property of Retail Media Concepts LLC. Retail Media Concepts LLC owns all
intellectual property rights and copyrights pertaining to HubConnect,
and documentation or any other product supplied as part of this agreement. The
acceptance of the terms and conditions of this agreement does not confer any
rights of ownership over the aforementioned programs or other products
belonging to Retail Media Concepts LLC. Other portions included, with
permission and under license from, remain the intellectual property of, and are
copyrighted to their respective owners.
3.
EVALUATION There are no evaluation, demonstration,
or test deployments of HubConnect. Since the source
code is included there is no possibility of evaluation, and no refunds can be
made of any monies paid to Retail Media Concepts LLC if the grantee of this
license should wish to terminate this agreement.
4.
WARRANTY The user recognizes and accepts that the
program is accepted by the user 'as-is', and Retail Media Concepts LLC will not
accept claims concerning failure to fulfill presumed functions or otherwise
perform or fail to perform in any way. The user renounces any claim to
compensation and/or damages from Retail Media Concepts LLC arising directly or
indirectly from the program's functioning or failure to function, including
(but not limited to) business interruptions, monetary loss or loss of
anticipated income as a result of the use of the program.
5.
CONFIDENTIALITY The user recognizes that the program,
documentation and/or any other information or material provided by Retail Media
Concepts LLC is proprietary information belonging to Retail Media Concepts LLC.
Given that source code is exposed to the user, the user agrees not to reveal to
third parties any information, including but not limited to source code, and
documentation related to this program, and/or any other information or material
provided by Retail Media Concepts LLC without express written permission from
Retail Media Concepts LLC.
The user affirms that he/she is not an employee of a competitor of Retail Media
Concepts LLC., and that he/she does not have any other relation or connection
to any of Retail Media Concepts LLC competitors.
6.
RESTRICTIONS The user agrees not to sell, lend, lease,
or transfer in any way, copies of HubConnect,
documentation and/or any other information or material provided by Retail Media
Concepts LLC, as a consequence of the user accepting this agreement. Licensees
of exposed-source cide software may alter, and/or
modify the source code as needed for personal use.
7.
DATA
PROTECTION Retail Media
Concepts LLC strictly complies with all laws governing the use of personal
data. Retail Media Concepts LLC does not collect nor retain any personally
identifiable information associated with the installation or use of the HubConnect software.
8.
EXPORT
RESTRICTIONS The user
acknowledges and accepts that HubConnect or any part
thereof is subject to United States export control laws and hence the licensee
is bound to abide by such legislation and any other applicable international
export regulations. The user further acknowledges and accepts that the program
may not be exported or re-exported, either wholly or in part, to any country,
person or organization subject to restrictions under United States export
control laws or any other applicable international export regulations, unless
the user is in possession of the corresponding valid export licenses. The user
shall defend, indemnify and hold Retail Media Concepts LLC harmless in the
event of any claim resulting from the user's failure to comply with export
regulation.
9.
BRANDING
(i.e. "Powered by") Under no circumstance, may the user disguise, alter, or
remove any HubConnect branding without express
written permission from Retail Media Concepts LLC.
10. OTHER PROVISIONS
1.
Governing Law. This
Agreement, and all disputes arising out of or related thereto, shall be
governed by and construed under the laws of the State of New York without
reference to conflict of laws principles. All such disputes shall be subject to
the exclusive jurisdiction of the state and federal courts located in Onondaga
County, New York, and the parties agree and submit to the personal and
exclusive jurisdiction and venue of these courts.
2.
Assignment. Licensee
shall not assign this Agreement or any rights or obligations hereunder,
directly or indirectly, by operation of law, merger, acquisition of stock or
assets, or otherwise, without the prior written consent of Retail Media
Concepts LLC Subject to the foregoing, this Agreement shall inure to the
benefit of and be binding upon the parties and their respective successors and
permitted assigns.
3.
Modification. This is
the entire agreement between the parties relating to the subject matter hereof
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.
11. LICENSE TRANSFER Retail Media Concepts LLC may, at its
discretion, allow the user to transfer your license to another party, providing
the license meets the following criteria:
1.
This license agreement
has been in effect at least three months prior to the transfer.
2.
No prior transfer of
this license has occurred in the past three months.
3.
Both parties in the
transfer notify Retail Media Concepts LLC prior to the transfer.
12. ACCEPTABLE USE HubConnect may
be used for legal purposes only. HubConnect may not
be used for, or associated with any Intellectual Property violation including,
but not limited to, engaging in any activity that infringes, or misappropriates
the intellectual property rights of other, including copyrights, trademarks, servicemarks, or other entities.
13. TERMINATION OF LICENSE The user may terminate this license
agreement at any time by uninstalling all instances of HubConnect, and destroying
all copies of the software and associated documentation. If the terms of this
agreement are breached in any way, Retail Media Concepts LLC may at its sole
discretion revoke this agreement and require that all copies of the software be
removed and destroyed without compensation.
14. CONTACT INFORMATION If you have any questions about this HubConnect, or if you need support or information regarding
HubConnect for any reason, please direct all
correspondence to: http://www.irisusers.com or e-mail shackrat@me.com