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End User Access and License Agreement

This End User Access and License Agreement (“EUALA”) is an agreement between you and Image Space Incorporated (“ISI” or “we” or “us”) in relation to ISI’s racing simulation rFactor and rFactor2 (the “Product”) and its associated services.

PLEASE READ THESE “TERMS OF USE” OR “AGREEMENT” CAREFULLY BEFORE USING THE SERVICES OFFERED BY IMAGE SPACE INCORPORATED “ISI” OR THE PRODUCT “rFACTOR”. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF rFACTOR AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, APLICATIONS, INSTRUCTIONS, WEBSITES INCLUDING rFACTOR.NET OR UPDATES, UPGRADES, PATCHES, OR MODIFICATIONS OFFERED FROM TIME TO TIME BY ISI 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

Image Space Incorporated grants to you the right to use one copy of the Software on a single computer. 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 Image Space Incorporated, you shall not, directly or indirectly, at any time:
* Exploit, or permit the exploitation of, this Software or any of its parts commercially.
* Publicly display or permit the display of or charge a fee for the use of this Software or any of its parts.
* Reverse engineer, derive source code, modify, decompile, disassemble this 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 Image Space Incorporated. The rights of the Software are protected by national copyright laws and by international treaties.

Acceptance of Terms

The Service is 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 from time to time in connection with the Services by ISI. The Service is available only to individuals who of legal age to form of binding contract and are at least 13 years old. You represent and warranty 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. ISI may, in its sole discretion, refuse to offer the Service 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 Service including any access to online services or features, you will be required to register with ISI and create a user name (“rFactor User ID”). You shall provide ISI 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 rFactor User ID a name of another person with the intent to impersonate that person; (ii) use as a rFactor User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a ISI User ID a name that is otherwise offensive, vulgar or obscene. ISI reserves the right to refuse registration of, or cancel a rFactor 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 will immediately notify ISI 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

ISI 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 ISI or rFactor websites or Service or by sending you an email. ISI may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Other Policies

For information regarding ISI’s treatment of personally identifiable information, please review ISI’s current Privacy Policy at http://rFactor.net/web/privacy (“Privacy Policy”). If you believe that material or content residing on or accessible through the Service infringes a copyright, please review ISI’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, libelous, 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.

ISI 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 ISI’s (or third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures ISI may use to prevent or restrict access to the Service (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 Service; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

Trademarks

“rFactor”, “rFactor 2” and all ISI or rFactor logos, marks and designations are trademarks or registered trademarks of ISI. 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 ISI or their respective owners.

Termination

ISI may terminate your access to all or any part of the Service 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 SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, rFACTOR, 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 ISI, 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 Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. ISI 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 ISI in connection therewith.

Limitation of Liability

IN NO EVENT SHALL ISI 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous

The Terms of Use are the entire agreement between you and ISI with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ISI with respect to the Service. 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. ISI shall not be liable for any failure to perform its obligations hereunder due to any cause beyond ISI’s reasonable control. The Terms of Use are personal to you, and are not assignable or transferable by you except with ISI’s prior written consent. ISI 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.

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