This End User Access and License Agreement (“EUALA”) is an agreement between you and Studio 397 BV (“S397” or “we” or “us”) in relation to S397’s racing simulation rFactor 2 (the “Software”) and its associated services.
PLEASE READ THESE “TERMS OF USE” OR “AGREEMENT” CAREFULLY BEFORE USING THE SERVICES OFFERED BY STUDIO397 BV “S397” OR THE SOFTWARE PRODUCT “rFACTOR2”. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF rFACTOR2 AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, APLICATIONS, INSTRUCTIONS, WEBSITES INCLUDING STUDIO-397.COM OR UPDATES, UPGRADES, PATCHES, OR MODIFICATIONS OFFERED FROM TIME TO TIME BY S397 IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE PRODUCTS OR SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
GRANT OF LICENSE
Studio 397 BV grants to you the right to use one copy of the Software on a single computer at any one point in time. You may load one copy into permanent memory of one computer and may use that copy only on that same computer.
LIMITED USE
Without the prior written consent of Studio 397 BV, you shall not, directly or indirectly, at any time:
- Exploit, or permit the exploitation of, the Software, Services or any part thereof commercially.
- Publicly display or permit the display of, or charge a fee for the use of the Software, Services or any of its parts.
- Reverse engineer, derive source code, modify, decompile, disassemble the Software, in whole or in part.
- Remove, disable or circumvent any copy protection or proprietary notices or labels contained on or within the Software.
OWNERSHIP OF THE SOFTWARE.
All title, ownership rights and intellectual property rights in and to the Software and all copies are owned or expressly licensed by Studio 397 BV. The rights of the Software are protected by national copyright laws and by international treaties.
ACCEPTANCE OF TERMS
The Services are offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies and procedures that may be published by S397 from time to time in connection with the Services. The Services are available only to individuals who of legal age to form of binding contract and are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you submit is accurate and truthful. S397 may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
REGISTRATION
As a condition to using certain aspects of the Services including any access to online services or features, you are required to register with S397 and create a user name (“rFACTOR2 User ID”). You shall provide S397 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not (i) select or use as a rFACTOR2 User ID a name of another person with the intent to impersonate that person; (ii) use as a rFACTOR2 User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a S397 User ID a name that is otherwise offensive, vulgar or obscene. S397 reserves the right to refuse registration of, or cancel a rFACTOR2 User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account or allow another user to use your account. You shall immediately notify S397 in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
MODIFICATION OF TERMS OF USE
S397 reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the S397 or rFACTOR2 websites or Services or by sending you an email. S397 may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
OTHER POLICIES
For information regarding S397’s treatment of personally identifiable information, please review S397’s current Privacy Policy. If you believe that material or content residing on or accessible through the Service infringes a copyright, please review S397’s Copyright Dispute Policy at the bottom of these Terms of Service.
RULES AND CONDUCT
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including contributing any content) that: would constitute a violation of any applicable law, infringes any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; contains software viruses or any other similar computer codes, files, or programs; or impersonates any person or entity.
S397 reserves the right to remove any content from the Service at any time, for any reason or for no reason at all. You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on S397’s (or third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Service; (iii) bypass any measures S397 may use to prevent or restrict access to the Services (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (v) modify, translate, or otherwise create derivative works of any part of the Services; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
TRADEMARKS
“rFACTOR2” and all S397 or rFACTOR2 logos, marks and designations are trademarks or registered trademarks of S397. All other trademarks mentioned are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of S397 or their respective owners.
TERMINATION
S397 may terminate your access to all or any part of the Services at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER
ALL USE OF THE SERVICES AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, rFACTOR2, ITS WEBSITES OR SERVICES AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless S397, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. S397 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with S397 in connection therewith.
LIMITATION OF LIABILITY
IN NO EVENT SHALL S397 OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS
These Terms of Use are the entire agreement between you and S397 with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and S397 with respect to the Services. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. S397 shall not be liable for any failure to perform its obligations hereunder due to any cause beyond S397’s reasonable control. These Terms of Use are personal to you, and are not assignable or transferable by you except with S397’s prior written consent. S397 may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.