RACE TECHNOLOGY LTD
Software License Agreement
This software ("software") is supplied free of charge for use only under the terms of this license agreement ("agreement"). RACE TECHNOLOGY LTD., ("RACE TECHNOLOGY LTD.,") continues to own the software and reserves any rights not expressly granted to you.
1. License grant.
RACE TECHNOLOGY LTD., grants to you, subject to the terms and conditions of this agreement, the right to use the software. This agreement grants to you the right to install and use the software on a hard disk or other storage device on any one computer. RACE TECHNOLOGY LTD., owns all right, title and interest in and to the software and any manuals, guides or any other printed material ("documentation") that RACE TECHNOLOGY LTD., provided to you for use with the software. There are no implied licenses granted under this agreement.
RACE TECHNOLOGY LTD., shall retain all right, title and interest, including all intellectual property rights (including for example and without limitation patents, patent applications, copyrights, trade secrets, trademarks) in and to the software and the documentation. You acknowledge that the software is protected by United Kingdom copyright laws and international treaty provisions. You acknowledge and agree that the software may have been developed by and may include software licensed by third party licensors named in the copyright notice(s) included with the software, who shall be authorized to hold you responsible for any copyright infringement or violation of this agreement. You agree not to take any action inconsistent with such title and ownership. You acknowledge and agree that the software may contain code or require devices that detect or prevent unauthorized use of the software.
3. Use of the software.
The software may only be used in conjunction with products supplied directly or indirectly by RACE TECHNOLOGY LTD. The software may not be used with a product from any other manufacturer
4. Disclaimer of warranties and limitation of liability.
You acknowledge that the software and the documentation are being supplied to you on an "as is" basis. RACE TECHNOLOGY LTD., hereby expressly disclaims all warranties regarding the software and the documentation, whether express or implied, oral or written, including warranties of merchantability, fitness for any particular purpose, title or non-infringement, as well as all warranties arising by usage of trade and course of dealing. RACE TECHNOLOGY LTD., does not warrant that (a) the software will meet your requirements, (b) operation of the software will be uninterrupted or error free, (c) defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days.
5. Limitation of liability.
RACE TECHNOLOGY LTD's liability for damages to licensee for any cause whatsoever, regardless of the form of any claim or action, shall not exceed five (5) pounds sterling. RACE TECHNOLOGY LTD., shall in no event be liable for any loss of profits, lost revenue, loss of data, interruption of business, or for indirect, special, incidental, or consequential damages of any kind, whether under this agreement or otherwise arising in any way in connection with the software, the documentation or this agreement, even if RACE TECHNOLOGY LTD., has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of indirect, special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.
6. Term and termination.
This agreement is effective from the date you receive the software and remains in force until terminated. You may terminate the license pursuant to this agreement at any time by destroying all tangible embodiments or copies of the software and the documentation in your possession, including all backup copies and all related materials. Your license rights under this agreement will automatically terminate without notice if you fail to comply with any provision in this agreement. Upon termination, you must destroy all tangible embodiments or copies of the software and the documentation in your possession. RACE TECHNOLOGY LTD., reserves the right without notice to disable (including remotely) the software in the event of a breach of this agreement by you. The rights and obligation of the parties under sections 2 (ownership), 4 (warranty), 5 (limitation of liability) and this section 6 survives the termination of this agreement.
RACE TECHNOLOGY LTD.,
16 King Street