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| VIRTUAL R/C RACING � End User Software
License Agreement |
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The software (including the expansion packs and updates) you
can download from this web site or has been made available to you from a CD-Rom
or any other way and the software services obtained from this web site
(combined the "Software"), are protected by copyright laws and international
treaty and are owned by Virtual Racing Industries International Ltd. ("VRI"), a
limited liability company under the laws of the Netherlands Antilles.
VRI retain title to the Software, and all intellectual
property rights therein. Unauthorized reproduction or distribution of the
Software is subject to civil and criminal penalties.
VRI is willing to license the Software to you and open your
account under the condition that you (i) complete the user account registration
and (ii) accept all of the terms and conditions in the License Agreement
between you (either an individual end-user or an entity) and VRI ("Agreement")
which is written below.
By pressing the "I accept" button you accept the user
account registration and the terms and conditions of the Agreement below. If
you do not agree to the user account registration and/or the terms and
conditions of this Agreement press the "I do not accept" button. If you have
already downloaded the Software or obtained the Software in any other way, then
you must stop using the Software and destroy any copies of the software in your
possession or control. If you are acquiring the Software on behalf of another
person or entity, you represent and warrant that you have the authority to bind
the party or entity for which you are acquiring the Software to the terms and
conditions of the Agreement.
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| License Agreement |
| 1. |
Subject to the terms and conditions of this
Agreement, VRI grant to you a non-exclusive, non transferable and revocable
license to use one copy of the Software on one computer, which must be your PC.
Installation on a network server is prohibited. No other rights on whatsoever
name are granted. For backup purposes only, you may make one copy of the
Software. |
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| 2. |
The Software contains copyrighted
material and trade secrets of VRI and its licensors. VRI and its licensors
shall retain al rights, title and interests including the ownership of all
intellectual property rights relating to the Software and copies thereof. You
agree that neither you nor a third party acting on your behalf will:
| a. |
modify or change the Software or create
derivative works of the Software in whole or in part;
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| b. |
de-compile, disassemble or reverse engineer the
Software in whole or in part;
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| c. |
use the Software in any manner to provide
computer services to third parties or facilitate, host, link to or provide any
other means through which the Software can be played by others , such as
through server emulators; |
| d. |
transmit the Software in whole or in part, over
the Internet;
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| e. |
sublicense or otherwise transfer on whatsoever
title, the Software to a third party;
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| f. |
ever acquire or obtain any intellectual
property rights of any kind in or to the Software in whole or a part. |
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| 3. |
All names and logos in the Software are either
the (registered) trademarks of VRI, Microsoft or the property of their
respective owners. The absence of a product name or logo on this web site of in
the Software does not constitute a waiver of the intellectual property rights
of VRI, Microsoft or third parties, concerning that name or logo |
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| 4. |
You declare that you are aware of the fact that
before you can use the Software and your Account you must have downloaded the
�Virtual R/C Racing Simulator � installation package of VRI which we (or a
third party authorized by us) provide and have an Internet connection (which we
do not provide) to access your Account. Furthermore you declare that you have
received the �Virtual R/C Racing Simulator � installation package from
authorized websites or through a VRI-authorized promotional offer such as an
authentic CD-ROM eventually bundled with an r/c car magazine or r/c car
product. |
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| 5. |
This Agreement can be terminated by VRI at any
time. If VRI makes a request via public announcement (including from its web
site) or press release, to stop using the copies of the Software, you will
comply immediately with that request and the copies of the Software in your
possession or control must be destroyed. VRI is entitled to terminate this
Agreement and your account and/or suspend your account, without being obliged
to (pro rated) refund of any prepaid amounts, immediately and without (prior)
notice if you breach this Agreement or infringe any third party intellectual
property rights, and in case we are unable to verify or authenticate any
information you provide to us. In case of termination you have no longer access
to your Account and the copies of the Software in your possession or control
must be destroyed. After termination of this Agreement the provisions of
paragraph 12 and 13 in this Agreement will survive. |
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| 6. |
You may request to terminate your Account at
any time by sending an e-mail request to the Account Administrator. If you
request termination of your Account during any subscription period, your
Account will be closed at the end of the then-current cycle. VRI does not give
full or partial refunds for any VRC Racing License period that you have paid
for in advance. In case of termination you have no longer access to your
Account, nor will any personal information be posted on the website, with the
exception of:
| a. |
race, series and ranking results scored prior
to the termination of the account
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| b. |
daily competition results scored prior to the
termination of the account |
| c. |
forum entries and other publicly available
information posted prior to the termination of the account |
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| 7. |
All fees mentioned on the website
www.virtualrc.com are stated in US Dollars ($) unless otherwise specified. All
fees are prepaid and non-refundable. You may terminate your Account at any time
through the Account registration process. If you terminate your Account during
any subscription cycle, your Account will be closed at the end of the
then-current cycle. VRI does not give full or partial refunds for any VRC
Racing License period that you have paid in advance. |
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| 8. |
To obtain an Account, you will be required to
choose both a login name and a player name. While you are encouraged not to use
a pseudonym, in case you do you may not pick a name that violates anyone's
trademarks, publicity rights or other proprietary rights. You may not disclose
your password to any third party. VRI never asks you for your password by
telephone or email, and you should not disclose it this way if someone asks you
to do so. Although VRI may offer a feature that allows you to "save" or
"remember" your password on your hard drive, please note that by using this
feature third parties may be able to access your computer and thus your
Account. |
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| 9. |
Your Account gives access to the �Virtual RC
Member area� of VRI and provides the possibility to upload content to our
servers in various forms, ("Content"). You guarantee that the Content shall
not: (a) infringe any third party intellectual property, other proprietary or
publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory,
obscene, child pornographic or harmful to minors; or (d) contain any viruses,
Trojan horses, worms, time bombs, cancel bots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information. We may take any action with respect to your Content if we believe
it may create liability for us or may cause us to lose (in whole or in part)
the services of our ISPs or other suppliers. While uploading the Content you
transfer to VRI a worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise all intellectual property rights, in any media
now known or not currently known, associated with your Content, which transfer
hereby is accepted by VRI. Additionally, the Content may include certain
optional voice communication features that you may choose to use. If you use
these voice communication features, if any, to send or receive voice messages
through the Software, you agree that (a) you will not receive or send any
Content in violation of this Agreement, (b) You will hold VRI free and harmless
against any claims of yourself or third parties concerning the Content
transmitted by you, and (c) VRI is not responsible for any use of such features
by any other users or third parties, including without limitation, uses that
may result in unauthorized access or damage to your computer and/or the
information stored there. Furthermore you guarantee not to take any action
which imposes an unreasonable or disproportionately large load on our
infrastructure. |
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| 10. |
VRI may communicate with you through personal or
automated e-mail notifications about general VRC, racing or product information.
VRI offers you the possibility to opt out from receiving such e-mails in your
Personal menu under E-mail preferences. By participating in on-line VRC events you
transfer with the results your product selections, and you give permission to VRI
to publish your selections in the results published on the VRC website, and to share
account information and product preferences with advertisers, sponsors and partners
directly related to VRC or the event. VRI will not share any information that will
personally identify you to such 3rd parties without your authorisation. VRI offers
you the possibility to opt out from sharing personal information and preferences
with 3rd parties
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| 11. |
Using your Account VRI can not ensure that your
private communications and other personally identifiable information will not
be disclosed to third parties. For example, VRI may be forced to disclose
information to the government or third parties under certain circumstances, or
third parties may unlawfully intercept or access transmissions or private
communications. Additionally, VRI can (and you authorize us to) disclose any
information about you to private entities, law enforcement or other government
officials as VRI, in our sole discretion, believe necessary or appropriate to
investigate or resolve possible problems or inquiries. Furthermore, if you
request any technical support, you consent to our remote accessing and review
of the computer you load the Software onto for purposes of support and
debugging. You agree that VRI may communicate with you via email and any
similar technology for any purpose relating to the Software and any services or
software which may in the future be provided by us or on our behalf. |
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| 12. |
For the purpose of patching and updating the
Software, you hereby give VRI permission and the irrevocable right to (i)
upload Software and file information from the Software directory and (ii)
upload Software to you. You acknowledge that any and all data is stored and is
resident on our servers, and any and all communications that you make
(including, but not limited to, messages solely directed at another player or
group of players) traverse through our servers, which might be monitored by
VRI�s personnel. You declare that you have no expectation of privacy in any
such communications and you expressly consent to monitoring of communications
that you send and receive. |
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| 13. |
VRI and its suppliers provide the Software to
you on a �as is� basis. VRI and its suppliers hereby expressly disclaim all
warranties of any kind including but not limited to (i) the implied warranty of
fitness of the Software for whatsoever purpose, (ii) non infringement of
third-party rights with respect to the Software and (iii) the continuous,
error-free, secure or virus-free operation of the Software. You understand that
VRI may update or otherwise enhance the Software at any time and in doing so
incur no obligation to furnish such updates to you pursuant to this Agreement. |
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| 14. |
In no event VRI or its suppliers can be held
liable under this Agreement or on any other ground, for any costs, damages or
substitute products or services, loss of profits, loss of information or data
or any other direct, indirect, consequential of incidental damages arising in
any way out of the possession, use or inability to use or malfunction of the
Software or (delay or failure of any performance of) your Account, even if VRI
or its suppliers has been advised of the possibility of such damages. |
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| 15. |
This Agreement constitutes the entire agreement
between the parties with respect to the use of the Software and supersedes all
prior or contemporaneous communications or agreements, written or oral,
regarding such subject matter. VRI may, in its sole discretion, modify portions
of this Agreement at any time. VRI may notify you of any changes by posting
notice of such modifications on VRI�s web site(s) or sending notice via e-mail,
or other means such as a communication to you at the time you log into your
account. Your continued use of the Software following notice of such
modifications shall be deemed to be your acceptance of any such modifications
to the Agreement. If you do not agree to any such modifications, you must
immediately stop using the Software and destroy all copies of the Software in
your possession or control. |
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| 16. |
All rights not expressly granted herein are
reserved. |
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| 17. |
This Agreement will be governed by and
construed in accordance with the laws of the Netherlands Antilles. The UN
Convention on Contracts for the International Sale of Goods (or any other
treaty) is not applicable to this Agreement. If for any reason a court of
competent jurisdiction finds any provision of this Agreement, or portion
thereof, to be unenforceable, that provision of the Agreement shall be enforced
to the maximum extent permissible so as to affect the intent of the parties,
and the remainder of this Agreement shall continue in full force and effect. |
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