Welcome to RHUB. Thank you for purchasing RHUB products. Products are
provided by RHUB Communications, Inc., located at 4340 Stevens Creek Blvd.,
Ste 282, San Jose, CA 95129. RHUB offers both server based and cloud based
products.
1. USERS
All end user products are subject to the RHUB End User License Agreement
(EULA) available at: https://www.rhubcom.com/v5/manuals.html. RHUB products
are also available to channel and OEM partners and are governed by separate
agreements between the partner and RHUB.
2. TRADEMARK
Information provided by the RHUB products and web sites is the copyright
property of RHUB Communications. RHUB grants you permission to copy such
Materials so long as each copy (i) is solely for informational,
non-commercial use in support of your use of RHUB products and is not
modified or revised in any manner, (ii) plainly displays all copyright and
other proprietary notices, in the same form and manner as on the original
AND (iii) displays a statement that the Materials are used solely with
permission of RHUB.
3. NO WARRANTIES
The user understands and agrees that the services are provided "as is" and
RHUB, its affiliates, suppliers and resellers expressly disclaim all
warranties of any kind, express or implied, including without limitation any
warranty of merchantability, fitness for a particular purpose or
non-infringement. RHUB, its affiliates, suppliers and resellers make no
warranty or representation regarding the results that may be obtained from
the use of the services, regarding the accuracy or reliability of any
information obtained through the services, regarding any goods or services
purchased or obtained through the services, regarding any transactions
entered into through the services or that the services will meet Any user's
requirements, or be uninterrupted, timely, secure or error free. Use of the
services is at the user’s sole risk. any material and/or data downloaded or
otherwise obtained through the use of the services is at the user’s own
discretion and risk. The user will be solely responsible for any damage to
the user resulting from the use of the services. The entire risk arising out
of use or performance of the services remains with the user.
4. WARRANTY FOR HARDWARE BASED PRODUCTS
Each RHUB hardware server product comes with a one-year warranty, covering
parts, labor and software updates. During the warranty period, a defective
unit will be replaced free of charge. You are responsible for shipping
charges. All software updates are automatically provided to covered units
that have Internet access. Extended warranties are available for units over
one year old. The annual cost for the optional extended warranty is 20% of
the retail price of the unit and purchased options
5. PASSWORD AND ACCOUNT SECURITY
RHUB is not responsible for maintaining the security of the User username
and password. It is the User’s responsibility to notify RHUB if the user
believes that the username or password has been compromised or used in an
unauthorized manner. RHUB assumes no responsibility, liability or
obligations for any loss or damage to resulting from the User to fail to
comply with the security of the username and/or password. The User must
provide a name, a valid email address and other information necessary to
register with the Service. The User agrees to provide true and accurate
information to register with the Service. The User agrees not to impersonate
any person or entity or a false identity or attempt to manipulate
identifiers to mislead or disguise the origin of any information used to
access the Services. RHUB reserves the right to terminate the User’s use of
the Services upon the discovery that the information the User provided is
not complete or accurate
6. INJUNCTIVE RELIEF
The User acknowledges that any use of the Services contrary to this
Agreement, or any transfer, sublicensing, copying or disclosure of technical
information or materials related to the Services, may cause irreparable
injury to RHUB, its affiliates, suppliers and any other party authorized by
RHUB to resell, distribute, or promote the Services ("Resellers"), and under
such circumstances RHUB, its affiliates, suppliers and Resellers will be
entitled to equitable relief, without posting bond or other security,
including, but not limited to, preliminary and permanent injunctive relief.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RHUB OR
ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES
OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT
SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY
OTHER LEGAL THEORY, EVEN IF RHUB, ITS AFFILIATES, SUPPLIERS OR RESELLERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RHUB'S,
ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND
THE USER’S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS
AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE
SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and
jurisdictions do not allow the exclusion or limitation of liability, the
above limitation may not apply to some Users.
8. EXPORT CONTROL
Certain products, including technical data, may be subject to United States
export control laws, including the United States Export Administration Act
and its associated regulations, and may be subject to export or import
regulations in other countries. You agree to comply strictly with all such
regulations and agree that you have the responsibility to obtain such
licenses and permits as are necessary.
9. APPLICABLE LAWS
This Agreement, and interpretation thereof, will be governed by the laws of
the United States and the laws of the State of California, without regard to
conflicts of laws principles. Each party submits to the jurisdiction of the
state and federal courts located in Santa Clara County, California, for any
action or proceeding arising out of or relating to this Agreement. This
Agreement is not governed by the United Nations Convention of Contracts for
the International Sale of Goods or the Uniform Computer Information
Transactions Act, the application of each of which is hereby expressly
excluded.