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PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by MOTORSPORT GAMES INC. or any one of its subsidiaries or affiliated companies, including without limitation 704Games LLC (collectively referred to as “MOTORSPORT GAMES").
This EULA sets out the basis on which MOTORSPORT GAMES makes the Products available to you (“User” or ”You”) and on which You may use them.
IMPORTANT - READ CAREFULLY: BY PURCHASING, INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). MOTORSPORT GAMES RESERVES THE RIGHT TO AMEND OR MODIFY THIS AGREEMENT AT ANY TIME, IN ANY MANNER, AT MOTORSPORT GAMES’ SOLE DISCRETION AND WITHOUT INCURRING ANY LIABILITY. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT SHOULD BE READ ALONGSIDE THE MOTORSPORT GAMES PRIVACY POLICY (PUBLISHED AT AND MOTORSPORT GAMES COOKIE POLICY (PUBLISHED AT , both of which form an integral part of this EULA. YOU AGREE THAT YOUR CONTINUED USE OF THE PRODUCT AFTER MOTORSPORT GAMES HAS PUBLISHED AN AMENDED VERSION OF THIS AGREEMENT CONSTITUTES ACCEPTANCE BY YOU OF THE AMENDMENTS. THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN 14 DAYS AFTER YOUR PURCHASE OF THE PRODUCT FROM MOTORSPORT GAMES, YOU MAY CONTACT MOTORSPORT GAMES CUSTOMER SERVICE TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT PRODUCT. IF YOU PURCHASED A PRODUCT AT RETAIL THEN YOUR RIGHT TO RETURN THE PRODUCT IS SUBJECT TO THE RETAILER’S RETURN POLICY AND YOU SHOULD CONTACT THE RETAILER. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH MOTORSPORT GAMES, IS TO STOP USING SUCH PRODUCT, MATERIALS, OR INFORMATION. THIS AGREEMENT BETWEEN YOU AND MOTORSPORT GAMES BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND MOTORSPORT GAMES SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE.
1.1 MOTORSPORT GAMES (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or MOTORSPORT GAMES terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a license to do so from MOTORSPORT GAMES. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.
Portions of this software utilize the following third party features:
SpeedTree® technology (©2021 Interactive Data Visualization, Inc.). SpeedTree® is a registered trademark of Interactive Data Visualization, Inc. All rights reserved.
Hexagon technology. Copyright 2021 Hexagon. All rights reserved. You shall comply with the Leica Geosystems Inc. (“Hexagon”) the Acceptable Use Policy (“AUP”). The latest version of AUP posted , is incorporated herein by reference.
Unreal® Engine, Copyright 2021 Epic Games, Inc. All rights reserved.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by MOTORSPORT GAMES. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting MOTORSPORT GAMES’ rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on MOTORSPORT GAMES’ servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of MOTORSPORT GAMES, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of
MOTORSPORT GAMES’ personnel;
i. falsely claim to be an employee or representative of MOTORSPORT GAMES or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with MOTORSPORT GAMES.
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by MOTORSPORT GAMES or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, MOTORSPORT GAMES’ licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without MOTORSPORT GAMES’ prior permission and, if applicable, MOTORSPORT GAMES’ licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by MOTORSPORT GAMES.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. MOBILE ACCESS
3.1 Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. MOTORSPORT GAMES may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
3.2 For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs).
4. USER DATA
4.1. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, MOTORSPORT GAMES may collect and store data about You in relation to Your use of the Product, Your connection information, Your console and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to MOTORSPORT GAMES and MOTORSPORT GAMES will not reveal Your personal data to third parties except when expressly authorized by You to do so or in special circumstances. MOTORSPORT GAMES may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect MOTORSPORT GAMES’ rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, MOTORSPORT GAMES reserves the right to collect, store and use anonymous data about You. For further information concerning MOTORSPORT GAMES’ use of Your personal data, please refer to the Privacy Policy.
4.2. Analytics Tools and Ad Serving Technology. MOTORSPORT GAMES uses third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: console and/or mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. MOTORSPORT GAMES uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, console and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other MOTORSPORT GAMES Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if MOTORSPORT GAMES combines any of this information with personal data, MOTORSPORT GAMES will treat this information as personal data pursuant to our Privacy Policy. You will find a non-exhaustive list of our partners whose analytic tools and ad serving technologies are used in our Product(s) at . MOTORSPORT GAMES makes its best efforts to provide You with the links to our partners’ own privacy policies according to which their tools and technologies are used and when available the link to allow You to opt-out from their services.
5. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to MOTORSPORT GAMES, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that MOTORSPORT GAMES is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
6. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.
If You purchased Product as a physical medium (CD, cartridge or DVD-ROM, Blu-Ray Disc, or other physical medium), this Section 5 is applicable to You:
MOTORSPORT GAMES warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, MOTORSPORT GAMES will, at MOTORSPORT GAMES’ option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is no longer being manufactured by MOTORSPORT GAMES or available in MOTORSPORT GAMES’ inventory), or (d) refund Your money when You present MOTORSPORT GAMES with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.
7. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. MOTORSPORT GAMES MOTORSPORT GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. MOTORSPORT GAMES DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL MOTORSPORT GAMES, MOTORSPORT GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH MOTORSPORT GAMES OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, MOTORSPORT GAMES’ LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT MOTORSPORT GAMES, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO MOTORSPORT GAMES FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT MOTORSPORT GAMES’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM MOTORSPORT GAMES’ NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, MOTORSPORT GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
8. INDEMNITY.
You are solely responsible for any damage caused to MOTORSPORT GAMES, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED MOTORSPORT GAMES AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. MOTORSPORT GAMES reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify MOTORSPORT GAMES. The provisions of this Section 7 shall remain in force after termination of this EULA.
9. TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and MOTORSPORT GAMES (or its licensors) may terminate this EULA, at any time, for any reason. Termination by MOTORSPORT GAMES will be effective upon (a) notice to You or (b) termination of Your MOTORSPORT GAMES Account (if any) or (c) at the time of MOTORSPORT GAMES’ decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
10. CHANGES TO THIS EULA OR TO THE PRODUCT.
MOTORSPORT GAMES reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on . You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
MOTORSPORT GAMES may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that MOTORSPORT GAMES may stop to support previous versions of the Product upon availability of an updated version. MOTORSPORT GAMES’ channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. MOTORSPORT GAMES also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
11. MISCELLANEOUS.
11.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
11.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect MOTORSPORT GAMES’ initial intentions.
11.3 No Waiver. No failure or delay by MOTORSPORT GAMES (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by MOTORSPORT GAMES or by the User.
11.4 Law, Jurisdiction and Dispute Resolution.
11.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
For any questions concerning this EULA, you may contact MOTORSPORT GAMES at the following address: support@Motorsport .
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
This EULA sets out the basis on which MOTORSPORT GAMES makes the Products available to you (“User” or ”You”) and on which You may use them.
IMPORTANT - READ CAREFULLY: BY PURCHASING, INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). MOTORSPORT GAMES RESERVES THE RIGHT TO AMEND OR MODIFY THIS AGREEMENT AT ANY TIME, IN ANY MANNER, AT MOTORSPORT GAMES’ SOLE DISCRETION AND WITHOUT INCURRING ANY LIABILITY. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT SHOULD BE READ ALONGSIDE THE MOTORSPORT GAMES PRIVACY POLICY (PUBLISHED AT AND MOTORSPORT GAMES COOKIE POLICY (PUBLISHED AT , both of which form an integral part of this EULA. YOU AGREE THAT YOUR CONTINUED USE OF THE PRODUCT AFTER MOTORSPORT GAMES HAS PUBLISHED AN AMENDED VERSION OF THIS AGREEMENT CONSTITUTES ACCEPTANCE BY YOU OF THE AMENDMENTS. THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN 14 DAYS AFTER YOUR PURCHASE OF THE PRODUCT FROM MOTORSPORT GAMES, YOU MAY CONTACT MOTORSPORT GAMES CUSTOMER SERVICE TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT PRODUCT. IF YOU PURCHASED A PRODUCT AT RETAIL THEN YOUR RIGHT TO RETURN THE PRODUCT IS SUBJECT TO THE RETAILER’S RETURN POLICY AND YOU SHOULD CONTACT THE RETAILER. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH MOTORSPORT GAMES, IS TO STOP USING SUCH PRODUCT, MATERIALS, OR INFORMATION. THIS AGREEMENT BETWEEN YOU AND MOTORSPORT GAMES BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND MOTORSPORT GAMES SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE.
1.1 MOTORSPORT GAMES (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or MOTORSPORT GAMES terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a license to do so from MOTORSPORT GAMES. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.
Portions of this software utilize the following third party features:
SpeedTree® technology (©2021 Interactive Data Visualization, Inc.). SpeedTree® is a registered trademark of Interactive Data Visualization, Inc. All rights reserved.
Hexagon technology. Copyright 2021 Hexagon. All rights reserved. You shall comply with the Leica Geosystems Inc. (“Hexagon”) the Acceptable Use Policy (“AUP”). The latest version of AUP posted , is incorporated herein by reference.
Unreal® Engine, Copyright 2021 Epic Games, Inc. All rights reserved.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by MOTORSPORT GAMES. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting MOTORSPORT GAMES’ rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on MOTORSPORT GAMES’ servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of MOTORSPORT GAMES, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of
MOTORSPORT GAMES’ personnel;
i. falsely claim to be an employee or representative of MOTORSPORT GAMES or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with MOTORSPORT GAMES.
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by MOTORSPORT GAMES or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, MOTORSPORT GAMES’ licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without MOTORSPORT GAMES’ prior permission and, if applicable, MOTORSPORT GAMES’ licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by MOTORSPORT GAMES.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. MOBILE ACCESS
3.1 Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. MOTORSPORT GAMES may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
3.2 For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs).
4. USER DATA
4.1. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, MOTORSPORT GAMES may collect and store data about You in relation to Your use of the Product, Your connection information, Your console and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to MOTORSPORT GAMES and MOTORSPORT GAMES will not reveal Your personal data to third parties except when expressly authorized by You to do so or in special circumstances. MOTORSPORT GAMES may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect MOTORSPORT GAMES’ rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, MOTORSPORT GAMES reserves the right to collect, store and use anonymous data about You. For further information concerning MOTORSPORT GAMES’ use of Your personal data, please refer to the Privacy Policy.
4.2. Analytics Tools and Ad Serving Technology. MOTORSPORT GAMES uses third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: console and/or mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. MOTORSPORT GAMES uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, console and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other MOTORSPORT GAMES Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if MOTORSPORT GAMES combines any of this information with personal data, MOTORSPORT GAMES will treat this information as personal data pursuant to our Privacy Policy. You will find a non-exhaustive list of our partners whose analytic tools and ad serving technologies are used in our Product(s) at . MOTORSPORT GAMES makes its best efforts to provide You with the links to our partners’ own privacy policies according to which their tools and technologies are used and when available the link to allow You to opt-out from their services.
5. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to MOTORSPORT GAMES, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that MOTORSPORT GAMES is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
6. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.
If You purchased Product as a physical medium (CD, cartridge or DVD-ROM, Blu-Ray Disc, or other physical medium), this Section 5 is applicable to You:
MOTORSPORT GAMES warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, MOTORSPORT GAMES will, at MOTORSPORT GAMES’ option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is no longer being manufactured by MOTORSPORT GAMES or available in MOTORSPORT GAMES’ inventory), or (d) refund Your money when You present MOTORSPORT GAMES with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.
7. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. MOTORSPORT GAMES MOTORSPORT GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. MOTORSPORT GAMES DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL MOTORSPORT GAMES, MOTORSPORT GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH MOTORSPORT GAMES OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, MOTORSPORT GAMES’ LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT MOTORSPORT GAMES, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO MOTORSPORT GAMES FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT MOTORSPORT GAMES’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM MOTORSPORT GAMES’ NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, MOTORSPORT GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
8. INDEMNITY.
You are solely responsible for any damage caused to MOTORSPORT GAMES, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED MOTORSPORT GAMES AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. MOTORSPORT GAMES reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify MOTORSPORT GAMES. The provisions of this Section 7 shall remain in force after termination of this EULA.
9. TERMINATION.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and MOTORSPORT GAMES (or its licensors) may terminate this EULA, at any time, for any reason. Termination by MOTORSPORT GAMES will be effective upon (a) notice to You or (b) termination of Your MOTORSPORT GAMES Account (if any) or (c) at the time of MOTORSPORT GAMES’ decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
10. CHANGES TO THIS EULA OR TO THE PRODUCT.
MOTORSPORT GAMES reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on . You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
MOTORSPORT GAMES may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that MOTORSPORT GAMES may stop to support previous versions of the Product upon availability of an updated version. MOTORSPORT GAMES’ channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. MOTORSPORT GAMES also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
11. MISCELLANEOUS.
11.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
11.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect MOTORSPORT GAMES’ initial intentions.
11.3 No Waiver. No failure or delay by MOTORSPORT GAMES (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by MOTORSPORT GAMES or by the User.
11.4 Law, Jurisdiction and Dispute Resolution.
11.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
For any questions concerning this EULA, you may contact MOTORSPORT GAMES at the following address: support@Motorsport .
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.