The software package that this license applies to, is created and licensed by Scott Grayban. this software, along with associated elements, including but not limited to online and/or electronic documentation are protected by international laws and treaties governing intellectual property rights. This software has been licensed, not sold. All rights are reserved. The user is hereby notified that the of the following actions of downloading, installing, or executing this software indicates acceptance of the following license terms. By performing these actions, the licensee, herein referred to as “the user” hereby agrees to the following terms; 1. LICENSE GRANT Scott Grayban grants the user the non-exclusive and non-transferable right to use this program and documentation for use on any number of Hubitat locations under the direct control of the user, unless otherwise specified in the invoice and/or sales agreement, or otherwise in writing by an authorized representative of Scott Grayban. 2. INTELLECTUAL PROPERTY This program, as well as any corresponding documentation or information is the exclusive property of Scott Grayban. Scott Grayban owns all intellectual property rights and copyrights pertaining to this software, and documentation or any other product supplied as part of this agreement. The acceptance of the terms and conditions of this agreement does not confer any rights of ownership over the aforementioned programs or other products belonging to Scott Grayban. Other portions included, with permission and under license from, remain the intellectual property of, and are copyrighted to their respective owners. 3. EVALUATION There are no evaluation, demonstration, or test deployments of this software. Since the source code is included there is no possibility of evaluation, and no refunds can be made of any monies paid to Scott Grayban if the grantee of this license should wish to terminate this agreement. 4. WARRANTY The user recognizes and accepts that the program is accepted by the user 'as-is', and Scott Grayban will not accept claims concerning failure to fulfill presumed functions or otherwise perform or fail to perform in any way. The user renounces any claim to compensation and/or damages from Scott Grayban arising directly or indirectly from the program's functioning or failure to function, including (but not limited to) business interruptions, monetary loss or loss of anticipated income as a result of the use of the program. 5. CONFIDENTIALITY The user recognizes that the program, documentation and/or any other information or material provided by Scott Grayban is proprietary information belonging to Scott Grayban. Given that source code is exposed to the user, the user agrees not to reveal to third parties any information, including but not limited to source code, and documentation related to this program, and/or any other information or material provided by Scott Grayban without express written permission from Scott Grayban. The user affirms that he/she is not an employee of a competitor of Scott Grayban., and that he/she does not have any other relation or connection to any of Scott Grayban competitors. 6. RESTRICTIONS The user agrees not to sell, lend, lease, or transfer in any way, copies of this software, documentation and/or any other information or material provided by Scott Grayban, as a consequence of the user accepting this agreement. Licensees of exposed-source cide software may alter, and/or modify the source code as needed for personal use. 7. DATA PROTECTION Scott Grayban strictly complies with all laws governing the use of personal data. Scott Grayban does not collect nor retain any personally identifiable information associated with the installation or use of the this software software. 8. EXPORT RESTRICTIONS The user acknowledges and accepts that this software or any part thereof is subject to United Kingdom export control laws and hence the licensee is bound to abide by such legislation and any other applicable international export regulations. The user further acknowledges and accepts that the program may not be exported or re-exported, either wholly or in part, to any country, person or organization subject to restrictions under United Kingdom export control laws or any other applicable international export regulations, unless the user is in possession of the corresponding valid export licenses. The user shall defend, indemnify and hold Scott Grayban harmless in the event of any claim resulting from the user's failure to comply with export regulation. 9. BRANDING (e.g. "Powered by") Under no circumstance, may the user disguise, alter, or remove any this software branding without express written permission from Scott Grayban. 10. OTHER PROVISIONS 1. Governing Law. This Agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the United Kingdom without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the courts located in the United Kingdom, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. 2. Assignment. Licensee shall not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law, merger, acquisition of stock or assets, or otherwise, without the prior written consent of Scott Grayban Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 3. Modification. This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect. 11. LICENSE TRANSFER Scott Grayban may, at its discretion, allow the user to transfer your license to another party, providing the license meets the following criteria: 1. This license agreement has been in effect at least three months prior to the transfer. 2. No prior transfer of this license has occurred in the past three months. 3. Both parties in the transfer notify Scott Grayban prior to the transfer. 12. ACCEPTABLE USE this software may be used for legal purposes only. this software may not be used for, or associated with any Intellectual Property violation including, but not limited to, engaging in any activity that infringes, or misappropriates the intellectual property rights of other, including copyrights, trademarks, servicemarks, or other entities. 13. TERMINATION OF LICENSE The user may terminate this license agreement at any time by uninstalling all instances of this software, and destroying all copies of the software and associated documentation. If the terms of this agreement are breached in any way, Scott Grayban may at its sole discretion revoke this agreement and require that all copies of the software be removed and destroyed without compensation. 14. CONTACT INFORMATION If you have any questions about this this software, or if you need support or information regarding this software for any reason, please direct all correspondence to: Scott Grayban at: software@parker-it.co.uk