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License Agreement.md

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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

  11. 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.

  12. 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.

  13. 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.

  14. 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:

  15. This license agreement has been in effect at least three months prior to the transfer.

  16. No prior transfer of this license has occurred in the past three months.

  17. Both parties in the transfer notify Retail Media Concepts LLC prior to the transfer.

  18. 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.

  19. 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.

  20. 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 [email protected]