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
All end user products are subject to the RHUB End User License Agreement (EULA) available at: http://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.
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.