END USER LICENSE AGREEMENT
(via APPLE APP STORE)
Last Updated on March 4, 2016
THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR THE "AUTHORIZED") AND SPORTECH RACING, LLC ("WE" OR "COMPANY") FOR THE DIGITAL LINK™ APPLICATION (THE "SOFTWARE"). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS EULA AS THEY GOVERN YOUR ACCESS TO AND USE OF THE SOFTWARE. COMPANY IS WILLING TO LICENSE AND ALLOW THE USE OF THE SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SOFTWARE.
Terms and Conditions
- LICENSE GRANT. The Software is provided by Company, and this EULA provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use Software, only on any Apple-branded products running iOS (including, but not limited to, iPad, iPhone, and iPod Touch) owned or controlled by you, conditioned on your continued compliance with the terms and conditions of this EULA, and as permitted by the usage rules set forth in the Apple App Store. This EULA permits you to use and access the Software for personal purposes from the Internet or through an on-line network. Your personal use of the Software will be subject to the obligations and restrictions regarding use of the Software as set forth in this EULA. You and Company acknowledge that this Agreement is concluded between you and Company only, and not with Apple. Company, not Apple, is solely responsible for the Software and the content thereof, and only to the extent provided in this Agreement. The terms of this license will govern any upgrades provided by Company that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
- RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Software in any manner not expressly permitted by this EULA. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Software.
- END USER OBLIGATIONS. By downloading, accessing, or using the Software in order to view information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials using the Software. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Software. This EULA is also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
- PROPRIETARY RIGHTS. This EULA provides only a limited license to access and use the Software. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Software to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Software, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors, assigns, and licensees, and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Software may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Digital Link™ application is Copyright © 2014 Sportech Racing, LLC and/or its licensors. All rights reserved. Sportech Racing, LLC, Company, the Company logo, the Digital Link™ logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- DISCLAIMER. WHILE COMPANY ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE SOFTWARE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SOFTWARE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SOFTWARE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
- LIMITATION OF LIABILITY. You expressly absolve and release Company and its licensees from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE SOFTWARE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
- CLAIMS. Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and licensees and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this EULA. Apple is not responsible for addressing any claims of you or any third party relating to the Software or the your possession and/or use of the Software.
- APPLE'S LIMITATIONS. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the Software. In the event of any third party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- GOVERNING LAW. This EULA has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Texas U.S.A. as applied to agreements entered into and completely performed in the State of Texas. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Texas for any disputes between us under or arising out of this EULA. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this EULA and acknowledge that either party may seek attorneys' fees in any proceeding. Any claim you might have against Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed. Company makes no representation that the Software is appropriate or available for use in your domiciled jurisdiction or any other geographic location, and access to the Software from states, territories, or nations where any aspect of the Software is illegal is prohibited. You access the Software on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Software. A printed version of this EULA and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company if you wish to receive a printed copy of this EULA.
- TERM AND TERMINATION. This EULA and your right to use the Software will take effect at the moment you install, access, or use the Software, and is effective until terminated as set forth below. In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this EULA, to deny your access to the Software or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this EULA will also terminate automatically if you fail to comply with this EULA, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this EULA at any time by ceasing to use the Software, but all applicable provisions of this EULA will survive termination, as identified below. In addition to the miscellaneous section below, the provisions concerning Company's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this EULA for any reason.
- EXTERNAL SERVICES. The Software may enable access to Company and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using the Software in connection with an iTunes Store or Apple App Store account, you agree to the latest iTunes Store and/or Apple App Store Terms and Conditions and Usage Rules. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither Company, nor any of its affiliates and licensees and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Neither Company, nor any of its affiliates and licensees and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data, or any other data displayed by any External Services. You agree that the External Services may contain proprietary content, information, and material that is owned by Company and/or its agents or others, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Apple. To the extent you choose to use or access such External Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that neither Company, nor any of its affiliates and licensees and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services. In addition, External Services and Third-Party Materials that may be accessed from, displayed on, or linked to from any device operating the Software are not available in all languages or in all countries or regions. Company makes no representation that such External Services and Materials are appropriate or available for use in any particular location. Company reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such External Services. Company may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
- THIRD-PARTY MATERIALS. Certain External Services may display, include, or make available content, data, information, applications, or materials from third parties ("Third-Party Materials") or provide links to certain third-party web sites. By using the External Services, you acknowledge and agree that Company and affiliates and licensees and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither Company nor its affiliates, licensees and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other web sites are provided solely as a convenience to you.
- MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this EULA will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this EULA. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this EULA. The parties agree that this EULA is for the benefit of the parties hereto as well as Company's licensees. Accordingly, this EULA is personal to you, and you may not assign your rights or obligations to any other person or entity without Company's prior written consent. Failure by Company to insist on strict performance of any of the terms and conditions of this EULA will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this EULA is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this EULA or your utilization of the Software. Headings herein are for convenience only. This EULA represents the entire agreement between you and Company with respect to use of the Software, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Software.
- EXPORT. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported: (a) into any U.S.-embargoed countries; or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
- MAINTENANCE AND SUPPORT. You acknowledge that Company has no obligation to furnish any maintenance and support, except where required by law. You and Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- THIRD-PARTY BENEFICIARY. You and Company agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of these terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA as a third-party beneficiary.
- DEVELOPER NAME AND ADDRESS. Please direct any questions, complaints, or claims with respect to the Software to: Sportech Racing, LLC, 1095 Windward Ridge Parkway, Suite 170, Alpharetta, Georgia 30005, firstname.lastname@example.org, 1.800.468.2260.