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Merge pull request #720 from hubiinetwork/feature/0.9.2
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0.9.2
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katat committed Feb 15, 2019
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185 changes: 185 additions & 0 deletions TERMS.md
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***TERMS AND CONDITIONS***

**IMPORTANT — THIS PRODUCT IS CURRENTLY IN PUBLIC BETA — PLEASE READ
CAREFULLY:**

**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.**

1. **SERVICES**

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.

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.

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.

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.

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.

2. **TERMINATION**

1. *Termination*. Hubii may suspend or terminate the Services at any
time without notice.

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).

3. **CONFIDENTIALITY; OWNERSHIP RIGHTS**

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.

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.

4. **INDEMNIFICATION**

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.

5. **WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY**

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.

2. *Limitation of Liability*.

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.

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.

6. **GENERAL PROVISIONS**

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.

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.

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.
4 changes: 2 additions & 2 deletions package.json
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{
"name": "hubii-core",
"version": "0.9.1",
"version": "0.9.2",
"author": {
"name": "hubii",
"email": "info@hubii.com",
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"lodash.debounce": "^4.0.8",
"minimist": "1.2.0",
"moment": "2.22.2",
"nahmii-sdk": "1.0.0-beta.26",
"nahmii-sdk": "1.0.0-beta.39",
"prop-types": "15.6.1",
"qrcode.react": "0.8.0",
"react": "16.6.3",
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