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***TERMS AND CONDITIONS*** | ||
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**IMPORTANT — THIS PRODUCT IS CURRENTLY IN PUBLIC BETA — PLEASE READ | ||
CAREFULLY:** | ||
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**These Terms and Conditions (the “*Terms*”) govern your (hereinafter as | ||
“*User*”, “*You*” or “*Your*”) access to and use of the services | ||
(“*Services*”) and software (“*Hubii Software*”) made available by HUBII | ||
AS (or any subsidiary owned fully or partially by hubii AS) (hereinafter | ||
as “*Hubii*”, “*We*”, “*Us*” or “*Our*”). THE HUBII SERVICES ARE MADE | ||
AVAILABLE TO YOU ONLY ON THE TERMS SET FORTH HEREIN. YOUR USE OF THE | ||
HUBII SERVICES IS YOUR AUTOMATIC ACCEPTANCE OF AND AGREEMENT TO ALL THE | ||
TERMS. Throughout these Terms, “*You*”, “*Your*” or “*User*” refer to | ||
either you or your employer, and to the extent you access and use Hubii | ||
Services on behalf of your employer, You represent that You have | ||
authority to bind and act on behalf of such employer.** | ||
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1. **SERVICES** | ||
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1. *Grant*. Subject to Your ongoing compliance with these Terms, | ||
Hubii grants You a non-exclusive, limited, revocable, non-transferable | ||
right, to access and use the Hubii Services. | ||
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2. *Restrictions*. The license granted in this Section 1.1 above is | ||
conditioned upon Your compliance with these Terms. You shall use the | ||
Services solely for Your own internal business purposes, in compliance | ||
with applicable law, and shall not: (i) permit any third party to use | ||
the Hubii Services, (ii) provide, license, sublicense, sell, resell, | ||
rent, lease, share, lend, or otherwise transfer or make available the | ||
Services to any third parties; (iii) remove, delete, alter, or obscure | ||
any copyright, trademark, patent, or other notice of intellectual | ||
property or documentation, including any copy thereof; (iv) transmit | ||
unlawful, infringing or harmful information, data or code to or from; | ||
or (v) otherwise use except as expressly permitted hereunder. | ||
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3. *Interruption, Suspension, or Reduction of Services*. The Services | ||
and the Hubii Software are still under development. Hubii cannot | ||
guarantee that they are error free. In fact, Hubii reserves the right | ||
to interrupt, suspend or reduce the Services to an User or any other | ||
person, when such action is necessary at Hubii’s sole and absolute | ||
discretion. Hubii holds all rights to Hubii Software. Hubii reserves | ||
the right to block access to the Service, even temporarily, in its | ||
sole discretion. Hubii reserves the right to communicate with an User | ||
to understand usage pattern and re-enable access. Hubii may require | ||
proof of system counts being used for Hubii Software. Hubii will log | ||
access data, and collected data may be be shared with others. | ||
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4. NOTWITHSTANDING ANY OTHER PROVISION, HUBII SHALL NOT BE LIABLE TO | ||
ANY CUSTOMER OR ANY OTHER PERSON FOR ANY LOSSES, DAMAGES, ERROR IN | ||
TRANSMISSION OR FOR ANY INTERRUPTION OR TERMINATION OF SERVICE, EITHER | ||
PARTIAL OR TOTAL, EITHER INTENTIONAL OR ACCIDENTAL (INCLUDING ANY | ||
ERROR, INTERRUPTION OR TERMINATION DUE TO THE DELIBERATE MISCONDUCT OR | ||
NEGLIGENCE OF ANY PERSON), WHETHER OR NOT PRIOR NOTICE OF ANY SUCH | ||
INTERRUPTION OR TERMINATION HAS BEEN GIVEN. | ||
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5. *Order of Precedent*. The Hubii Privacy Policy shall be be | ||
incorporated by reference into these Terms. In the event of a conflict | ||
between a provision of these Terms and the provision of any other | ||
documents, the provisions of these Terms shall prevail. | ||
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2. **TERMINATION** | ||
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1. *Termination*. Hubii may suspend or terminate the Services at any | ||
time without notice. | ||
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2. *Effect of Termination*. The following provisions will survive the | ||
expiration or termination of these Terms for any reason: Sections 3 | ||
(Confidentiality), 4 (Indemnification), 5 (Limitation of Liability), | ||
and 6 (General). | ||
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3. **CONFIDENTIALITY; OWNERSHIP RIGHTS** | ||
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1. *Definition*. “*Confidential Information*” means any information | ||
disclosed directly or indirectly by one party (“*Disclosing Party*”) | ||
to the other party (“*Receiving Party*”) pursuant to these Terms that | ||
is either designated as “confidential” or under the circumstances of | ||
disclosure or by the nature of the information itself is reasonably | ||
understood by the Receiving Party to be the confidential information | ||
of the Disclosing Party. Confidential Information does not include any | ||
information which (i) is or becomes generally known and available to | ||
the public through no act or omission of the Receiving Party; (ii) was | ||
already in the Receiving Party’s possession at the time of disclosure | ||
by the Disclosing Party, as shown by the Receiving Party’s | ||
contemporaneous records; (iii) is lawfully obtained by the Receiving | ||
Party from a third party who has the express right to make such | ||
disclosure; or (iv) is independently developed by the Receiving Party | ||
without use of the Disclosing Party’s Confidential Information. For | ||
purposes of clarification, the Hubii Software and any proprietary | ||
Hubii information associated with the Services are Confidential | ||
Information of Hubii. | ||
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2. *Ownership Rights*. Hubii retains all rights, title and interest, | ||
including all intellectual property rights, in and to the Hubii | ||
Software and the Services. User hereby grants to Hubii and its | ||
affiliates a worldwide, irrevocable, perpetual, royalty-free license | ||
(a) to exploit without restriction all feedback regarding Services; | ||
(b) to use log and other information related to User’s use of the | ||
Services to improve Hubii’ products and services; and (c) to use all | ||
data made available to Hubii by or on behalf of User to perform its | ||
obligations hereunder. Except as expressly agreed, Hubii has no | ||
obligation hereunder to obtain any third party data or pay any usage | ||
fee therefor. User will obtain all permissions or approvals from each | ||
applicable data source as may be necessary or required to provide such | ||
data to Hubii in connection with the delivery of the Services and | ||
comply with all applicable laws in its performance under these Terms. | ||
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4. **INDEMNIFICATION** | ||
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User shall indemnify and hold harmless Hubii and each of its | ||
successors, assigns, officers, directors, stockholders, employees, | ||
advisors, agents, representatives, and affiliates (collectively, | ||
“*Indemnitees*”), from and against all damages, costs, liabilities, | ||
loss and expenses, including reasonable attorneys’ fees incurred by | ||
Indemnitees in connection with any third party claim, action, demand, | ||
suit or proceeding (arising out of or related to the willful | ||
misconduct or negligent performance by User (or by its contractors, or | ||
agents) of this Agreement. | ||
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5. **WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY** | ||
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1. *Disclaimer*. THE SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE | ||
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, | ||
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS | ||
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HUBII EXPRESSLY | ||
DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SUBSCRIBED SERVICES | ||
WILL BE ERROR/VIRUS-FREE, SECURE, OR UNINTERRUPTED. NO STATEMENT, ORAL | ||
OR WRITTEN, GIVEN BY HUBII, ANY OF ITS EMPLOYEES, OR ANY OTHER PERSON | ||
WILL CREATE A WARRANTY, NOR MAY ANY CUSTOMER RELY ON ANY SUCH | ||
STATEMENT FOR ANY PURPOSE. | ||
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2. *Limitation of Liability*. | ||
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1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL | ||
BASIS FOR THE CLAIM, NEITHER HUBII, NOR ANY OF ITS AFFILIATES, AGENTS | ||
OR CONTRACTORS, WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, | ||
EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING IN | ||
CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF | ||
SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. | ||
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2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS | ||
AGREEMENT, IN NO EVENT WILL ANY OF THE OFFICERS, TRUSTEES, DIRECTORS, | ||
PARTNERS, BENEFICIARIES, JOINT VENTURERS, AUTHORIZED ORGANIZATIONS, | ||
STOCKHOLDERS OR OTHER PRINCIPALS OR REPRESENTATIVES OF HUBII, | ||
DISCLOSED OR UNDISCLOSED, EVER BE PERSONALLY LIABLE TO THE OTHER PARTY | ||
(INCLUDING FOR DIRECT OR CONSEQUENTIAL DAMAGES), AND YOU HEREBY WAIVE | ||
THE RIGHT TO RECOVER DAMAGES FROM SUCH PERSONS. | ||
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6. **GENERAL PROVISIONS** | ||
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1. *Assignment*. Neither party may assign these Terms nor any of its | ||
rights or obligations under these Terms without the prior written | ||
consent of the other party, except that Hubii may assign these Terms | ||
without the written consent of User as part of a corporate | ||
reorganization, upon a change of control, consolidation, merger, | ||
reincorporation, sale of all or substantially all of its assets | ||
related to this Terms or a similar transaction or series of | ||
transactions. Subject to the foregoing, these Terms will be binding | ||
upon and inure to the benefit of the parties and their respective | ||
permitted successors and assigns. | ||
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2. *Governing Law*. These Terms shall be governed by and construed | ||
under the laws of the State of California without reference to | ||
conflict of laws principles. The application of the United Nations | ||
Convention of Contracts for the International Sale of Goods is | ||
expressly excluded. All disputes arising out of or related to these | ||
Terms will be subject to the exclusive jurisdiction of Singapore, and | ||
the parties hereby agree and consent to the exclusive jurisdiction and | ||
venue of these courts. | ||
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3. *Miscellaneous*. These Terms are the sole agreement of the parties | ||
concerning the subject matter hereof, and they supersede all prior | ||
terms and understandings with respect to said subject matter. No terms | ||
of any other agreement, understanding or communication will modify | ||
these Terms, regardless of any failure of Hubii to object to such | ||
terms. Any ambiguity in these Terms shall be interpreted equitably | ||
without regard to which party drafted hereof. These Terms may be | ||
amended by Hubii at any time in its sole discretion. The headings in | ||
these Terms are inserted for convenience and are not intended to | ||
affect the interpretation of these Terms. Any provision found to be | ||
unlawful, unenforceable or void shall be severed from the remainder of | ||
these Terms, and the Terms will continue in full force and effect | ||
without said provision. User agrees to comply with all applicable | ||
export control laws and regulations related to its use of the | ||
Services. In the event of a dispute, the prevailing party shall be | ||
entitled to attorneys’ fees and costs. |
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