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IOStash Beta Terms of Use

IMPORTANT NOTICE: CAREFULLY READ AND BE SURE YOU UNDERSTAND THIS BETA TEST EULA (“EULA”) BEFORE YOU ACCEPT ITS PROVISIONS. IOSTASH IS WILLING TO LICENSE THE BETA VERSION SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE PROVISIONS OF THIS AGREEMENT. BY REGISTERING ON THE WEBSITE BY CLICKING ON THE “I AGREE” BUTTON, AND BY USING THE BETA VERSION OF THE PLATFORM, OR BY OTHERWISE INDICATING ASSENT, YOU ACCEPT THIS EULA. IF YOU DO NOT AGREE TO THESE PROVISIONS, PLEASE DO NOT REGISTER.

TERMS

1. Disclaimer and Limited Warranty:

(1) The sole purpose of this BETA Version Software is to obtain feedback on its performance and to identify defects (hereinafter referred to as “Testing”). You expressly acknowledge that the BETA Version Software is a test product and may contain bugs, errors and other problems that could cause loss of data store in the platform, inconsistent performance and other failures including but not limited to systems crashes, interruptions and data loss. You are advised to use caution and not to rely in any way on the performance and functioning of the BETA Version Software. The BETA Version Software is made available to You free of charge and no warranty shall be provided for the BETA Version Software, except for the operability of the BETA Version Software.

(2) THE BETA VERSION SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND TO THE EXTENT AUTHORIZED BY LAW, IOSTASH MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE BETA VERSION SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IOSTASH ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE THE SOFTWARE WITH OTHER PRODUCTS.

2. BETA Test license

(1) In connection with this Agreement and subject to the restrictions set forth herein, IOStash hereby grants to You, a royalty-free, limited, non-exclusive, non-transferable license (i) to use the BETA Version Software solely and exclusively for personal projects done by you and (ii) to copy, use and reproduce the data aggregated via the BETA Version Software solely and exclusively for the purpose of Testing; provided that, the BETA Version Software must not be used on or as part of a production system under any circumstances.

(2) IOStash reserves the right in its sole discretion to edit, add to or delete any of the Documentation, computer software program(s), data files or other components of the BETA Version Software from time to time without prior notice. Furthermore, IOStash shall have the right at any time and from time to time to modify or provide Update(s) or Upgrade(s) to the BETA Version Software or components thereof as IOStash may determine in its sole discretion. You agree and acknowledge that no product or service of IOStash not specifically described in this Agreement shall be deemed to have been licensed to You hereby.

(3) You shall have no right to grant any sub licenses with respect to the BETA Version Software or any component(s) thereof.

(4) Except for the license rights granted to You hereunder, You shall have no right, title or interest in and to the BETA Version Software or any component(s) thereof, including, without limitation, the Documentation, or to any of the patents, copyrights, trade secrets, trademarks, mask works, inventions, source code, object code, listings and documentation related thereto, together with all revisions, modifications, alterations, and derivative works thereof in all forms.

(5) You expressly agree and acknowledge that IOStash will provide You the BETA Version Software pursuant to the terms of this Agreement in object code only and that You shall have no rights to access the source code of the BETA Version Software or any component thereof or any Update(s) or Upgrade(s) (if any) thereto.

(6) You are expressly prohibited from editing, revising, changing or otherwise modifying or seeking to decompile the BETA Version Software’s object code or to attempt to reverse engineer or otherwise generate source code versions therefrom (hereinafter referred to as “decompiling”), unless with written approval from IOStash or if is explicitly permitted pursuant to applicable mandatory law.

(7) You are expressly prohibited from removing or modifying any references to copyright, the marking of other industrial property rights or serial numbers and other features that serve to identify the BETA Version Software.

(8) You are not allowed to perform penetration tests, DDoS attack test or any kind of security test on the BETA Version Software. If you are interested in conducting any such penetration/security test, you are required to obtain authorization from IOStash in advance before proceeding.

3. Term

(1) The term of this agreement shall commence upon Your acceptance of the terms and conditions of this BETA TEST EULA and shall terminate upon the earlier of (i) lapse of the license according to the description of the product (ii) termination of this agreement by IOStash for any reason (iii) the initial general release of a commercial version of the BETA Version Software (iv) discontinuation of the BETA Version Software by IOStash.

(2) Upon any expiration or termination of this Agreement, the rights and licenses granted to You under this agreement shall immediately terminate, and You shall immediately cease using the BETA Version Software.

4. Limitation of Liability

(1) UNDER NO CIRCUMSTANCES SHALL IOSTASH BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES FROM LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL IOSTASH BE LIABLE FOR ANY DAMAGES EVEN IF IOSTASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(2) The foregoing limitations of liability also apply in regard to all IOStash’s representatives, including but not limited to its directors, legal representatives, employees and other vicarious agents.

5. Privacy

(1) By entering into this EULA, You agree that the IOStash Privacy Policy as modified from time to time, shall be applicable to You. The Privacy Policy can be found on www.iostash.io

(2) IOStash may collect: product family, number of devices, channels, usage metrics, location data  and triggers, end device type, end device model and date of the first data push. Such information will be used to improve IOStash, and to better provide our services to You.

(3) If You have any concerns about privacy, please email [email protected]

6. Miscellaneous

(1) This EULA sets forth all of Your rights to use the Software and makes up the entire agreement between You and IOStash. This EULA supersedes any other communications, representations or advertising relating to the Software.

(2) No provision hereof shall be deemed waived unless there is a written waiver signed by an authorised IOStash representative.

(3) If any provision of this EULA is held invalid, the remainder of this EULA shall remain in full force and effect. To the extent that an otherwise invalid provision can be construed so as to be valid, that provision shall be so construed.

(4) All rights not expressly set forth hereunder are reserved by IOStash.

(5) The descriptive headings in this EULA have been inserted for convenience and shall not limit or otherwise affect the construction or interpretation of this EULA.

(6) You may not assign Your rights under this EULA without the express written permission.

7. Feedback.

(1) You shall gather and report test data to IOStash in the manner and within the time period(s) specified and give IOStash feedback, comments or suggestions on the Preview Product (the “Feedback”). You agree that IOStash may use the Feedback for any purpose.

8. Definitions

(1) IOStash - means IOStash IoT PaaS

(2) BETA Version Software - means a preliminary version of IOStash’s software program whose development is not yet complete. The BETA Version Software includes (i) any and all Updates and Upgrades thereto that IOStash makes available to You and (ii) any and all accompanying Documentation and (iii) any and all accompanying services provided by IOStash via its website or alternative communication channels.

(3) End Device - means any electronic device that is able to process data and send the data to IOStash via IOStash’s API

(4) Documentation – means written materials, in printed or electronic form, describing the features of the Software and/or Updates and Upgrades and that are designed to assist You in effectively utilizing the Software, Updates and/or Upgrades. Such Documentation does not vary the terms of this EULA.

Infinythink Engineering

June 2015

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