END-USER LICENCE AGREEMENT (“EULA”)

IMPORTANT — DO NOT USE RACEROOM RACING EXPERIENCE (THE “PRODUCT”) UNTIL YOU HAVE READ AND ACCEPTED ALL OF THE LICENCE TERMS BELOW.

THIS END USER LICENCE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND RACEROOM ENTERTAINMENT AG (“RaceRoom”) REGULATING YOUR USE OF THE PRODUCT. PERMISSION TO USE THE PRODUCT IS CONDITIONAL UPON YOUR ACCEPTANCE OF THESE LICENCE TERMS. USE OF THE PRODUCT WILL BE DEEMED AS ACCEPTANCE OF THESE LICENCE TERMS AND YOU WILL BE LEGALLY BOUND TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS THE “DECLINE” BUTTON TO EXIT.

The Product is protected by national and international copyright and trademark laws and is intended solely for private use.

1. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights in and relating to the Product and associated documentation, such as copyright, database rights, trademarks, 3D-models, artwork, music and sound effects, and all rights to related content is the exclusive property of RaceRoom or its licensors. This licence does not transfer any ownership rights to such materials to you. RaceRoom and/or its licensors shall at all times retain ownership of the Product.

2. LICENCE

The Product is free to install and to use for its intended purpose, subject to the terms set forth in this EULA. You must be a registered user with Valve’s STEAM service (www.steampowered.com), and accept the terms of such service as applicable from time to time in order to be able to use the Product. Those terms are available HERE.

This EULA grants you a personal, non-exclusive licence to use the Product on any number of computers solely for your own private use. Any other use not provided for in the Product or otherwise authorized by RaceRoom, including but not limited to unauthorized lease or rental, public use or other display, e.g. in schools or universities and any process through which this Product or its component parts would be made available to the public (via the Internet or otherwise) is expressly forbidden without the prior written consent of RaceRoom.

3. RESTRICTIONS

All rights not expressly granted hereunder are, to the extent permitted by law, reserved to RaceRoom. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in the EULA.

Except as otherwise permitted explicitly in this EULA, you may not, in whole or in part, copy, reproduce, translate, reverse engineer, attempt to derive source code, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Product without the prior written consent of RaceRoom.

You are not entitled to: (a) sell, grant a security interest in or transfer reproductions of the Product to other parties in any way, nor to rent, lease or licence the Product to others; (b) host or provide matchmaking services for the Product or emulate or redirect the communication protocols used by RaceRoom in any network feature of components to the Product, (c) use any utility program or any other techniques not known or hereafter developed, for any purpose, including, but not limited to network play over the Internet or other private or public networks, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation network; (d) hack or attempt to hack any of RaceRooms or third parties servers used in providing the Product or features thereof, or to attempt to crack or otherwise bypass any security systems RaceRoom may have in place to protect the Product or its servers, or (e) exploit the Product or any of its parts for any commercial purpose.

4. WARRANTY

RaceRoom guarantees that the Product will perform substantially in accordance with the accompanying documentation.

5. PATCHES AND UPDATES

RaceRoom is not obliged to provide any patches, updates or modifications to the Product. RaceRoom develops patches, updates or modifications in its own discretion. However, RaceRoom may deploy or provide patches, updates and modifications to the Product that must be installed for the user to continue to use the Product. RaceRoom may update the Product without the knowledge of the user, and you hereby grant to RaceRoom your consent to deploy and apply such patches, updates and modifications without prior notice.

6. LIMITATION OF LIABILITY

THIS PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND BESIDES THE WARRANTY PROVIDED UNDER ITEM 4 OF THE EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RACEROOM AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, RACEROOM DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE PRODUCT.

INDEPENDENT OF ANY LEGAL GROUND, RACEROOM´S LIABILITY IS LIMITED TO DAMAGE CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT BEHAVIOUR. RACEROOM IS LIABLE FOR DAMAGE CAUSED BY SLIGHT NEGLIGENCE ONLY IF ESSENTIAL CONTRACTUAL OBLIGATIONS ARE AFFECTED HEREBY AND THE EXERCISE OF THE LICENSE AGREEMENT DEPENDS ON THESE CONTRACTUAL OBLIGATIONS. FURTHER REQUIREMENT IS THAT YOU REGULARLY TRUST IN THE COMPLIANCE WITH THESE OBLIGATIONS. ANY LIABILITY FOR SLIGHT NEGLIGENCE IN THE CASE OF VIOLATION OF NON-ESSENTIAL CONTRACTUAL OBLIGATIONS IS EXCLUDED.

RACEROOM’S LIABILITY IS RESTRICTED TO DAMAGE TYPICAL FOR THIS KIND OF CONTRACT, AND WHICH HAS TO BE REASONABLY EXPECTED BY YOU AND RACEROOM UPON CONCLUSION OF THE CONTRACT BASED ON THE CIRCUMSTANCES KNOWN TO YOU AND RACEROOM.

LIMITATION OF LIABILITY IN THE ABOVE MENTIONED PARAGRAPHS ARE UNAPPLICABLE FOR ALL CLAIMS, BASED ON DEATH, PERSONAL OR BODY INJURY OR ON PRODUCT LIABILITY ACT.

SOME JURISDICTIONS DO NOT PERMIT THE WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY SET FORTH IN PARAGRAPH 6. NOTHING IN PARAGRAPH 6 SHALL AFFECT YOUR STATUTORY RIGHTS WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

7. PROCESSING OF PERSONAL DATA

RaceRoom will collect data about you and your computer system in order to provide and improve features of the Product. Some of this data will be provided by you as part of your registration, and some will be collected automatically and anonymously. RaceRoom is committed to protecting your privacy and will use all information collected about you in accordance with the requirements of the European Directive on Privacy and Electronic Communications (2002/58/EC). Information about your computer system does not include any data that may personally identify you, but includes information on the hardware you are using and related software, drivers etc, and is used primarily for quality assurance and development of updates to address issues found. The personal data RaceRoom will collect includes your name, birth date, gender, nationality, e-mail address, vanity URL, postal address and telephone number. These data will be used with your consent by RaceRoom and its partners KW automotive GmbH and SimBin Studios AB in order to provide you regularly with information about new racing games and spare parts for vehicles. RaceRoom may be legally obliged to disclose saved data to law enforcement authorities or for other legal purposes, no data collected will however be used for any other purpose than for the Product and its features, including dynamic in Product messaging and in Product advertising. Your use of the Product constitutes consent to RaceRoom’s processing of such data as set forth in this EULA. If you do not want your personal data to be collected and used as described, please do not use the Product.

You have the right to obtain information from RaceRoom on the use of any personal data within a reasonable time from your written request. RaceRoom will not charge you for such requests, unless you request such information more than once annually in which case RaceRoom reserves the right to require reasonable compensation for providing such information. You also have the right to require RaceRoom to amend or remove faulty personal data.

8. COOKIES

I agree that RaceRoom Entertainment does use cookies on their websites. Cookies are bits of electronic information that can be transferred to a user's hard drive to customize a person's usage of a product or online site, keep records of a user's access to an online site or product, or store information needed by the user on a regular basis. Use of cookies is typically associated with websites. RaceRoom Entertainment does use cookies on their websites. For example, when you sign into the Product, RaceRoom Entertainment stores your user id and a combination of your ip address and time of login as a cookie on your hard drive. This cookie allows you to move from page to page without having to sign in again on each page. Similarly, if you enter information during your session, such as age verification data, this will be stored as a cookie and you will not have to re-enter such information during that session.

RaceRoom Entertainment also stores information on a user's hard drive that is used in conjunction with online play of RaceRoom products. This includes a unique authorization key downloaded automatically during product registration. This authorization key is used to identify a user as valid and allow access to RaceRoom Entertainment´s products. Information regarding RaceRoom Entertainment billing, your account, your Internet connection and the RaceRoom Entertainment software installed on your computer are uploaded to the server in connection with your use of the Product and RaceRoom Entertainment software. The Product automatically generates and submits to RaceRoom Entertainment bug reports upon a crash or other fault in the RaceRoom software. This automatically generated bug report information may include information about other software or hardware on a user's system. RaceRoom Entertainment does not associate and store the automatically generated bug report information with personally identifiable information. Users should also be aware that game play information disclosed during multiplayer game play (e.g. player name and current player statistics) is public information and may be displayed to other users.

9. GOOGLE ANALYTICS

RaceRoom websites uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. As far as your IP address will be processed for this purpose, it will generally be shortened directly to prevent direct references to any person. Only in exceptional cases your full IP address will be transmitted to the USA and shortened there. Google will use this information on our account for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Furthermore, you can prevent the collection of data generated by the cookie about your use of the website (including your IP address) and its processing by Google by downloading and installing the browser plug-in provided under this link: http://tools.google.com/dlpage/gaoptout?hl=en this will enable you to use the full functionality of this website.

10. IN PRODUCT ADVERTISING

This Product uses technology which delivers content and information to and from the Product and Product environment when you use this Product while connected to the Internet. Such content may include advertising material created by third parties and may be sent from a remote server inside or outside of the European Union and such information may include the data described below.

In using this Product RaceRoom may record data relating to your physical location, interaction and experience within this Product using your IP address and other methods when the computer is on with this Product installed and is being connected to the Internet. This information will be kept securely in accordance with the internal security policy of RaceRoom and will be used to measure and enhance the inclusion of messages related to marketing, promotion and market analysis as well as to provide you with an up to date, enjoyable and dynamic gaming experience. In particular, the information which is recorded may be used to analyze the placement of advertising material within this Product, the length of time the advertising is visible on your screen and associated data to assist RaceRoom in adding dynamic content to this Product. Although aggregated data collected as set forth in this section may be communicated to the partners mentioned in section 7. RaceRoom will not communicate your IP address or any personal data to any third party.

Parts of the Product uses cookies. Cookies are used for several functions, including but not limited for keeping you logged in to our servers while playing, for tracking various statistics on our website and for caching other data about how you access our website. Some of the cookies used are persistent, and thus remain on your computer after you stop playing the game or leave our website, whereas others are valid only for a current session. All use of cookies that can personally identify you is made in accordance with the regulations of personal data protection in this agreement.

11. LOCKED CONTENT AND PURCHASES

The Product is free to play, but contains content and features that are locked until you purchase in game. Some content is unlocked based on your achievements as a player, such as winning competitions or completing challenges, and some may be offered during limited time only. Any and all additional content and features are part of the license and owned by RaceRoom. Content may be made available temporarily only while some can be retained for your use as long as the Product is available. Further content and features is offered for sale using your payment method registered with STEAM or must be unlocked by using RacePoints purchased in the Product. RacePoints used will not be refunded, and purchase of RacePoints will be debited to your payment method registered with STEAM. Purchases of RacePoints are not refundable.

In addition to RacePoints, RaceRoom may offer other content and products for sale, such as other racing titles you may wish to enjoy. Payment for any products provided for sale by RaceRoom in the Product shall be made through STEAM.

All prices stated are subject to change without notice.

12. COMPETITIONS AND RANKINGS

RaceRoom may from time to time organize competitions for players of the Product. Participation will be subject to the competition rules posted by RaceRoom from time to time and for each competition. Competitions may be free of charge or may be subject to an entry fee which shall be used to allow participation. Upcoming Competitions organized by RaceRoom will be posted and advertised on [www.raceroom.com], together with the applicable terms and conditions and entry fee (if any). RaceRoom reserves the right to, at any time without prior notice, amend the terms for any competition or the related entry fee.

In addition to competitions, your performance ranking and other statistics relevant to your achievements in the Product will be published by RaceRoom via your STEAM account.

  1. SERVER HOSTING RaceRoom may provide time slots on its servers or servers leased from third parties where users can book and host their own competitions. The terms for booking such server times will be posted on the RaceRoom website and elsewhere as RaceRoom deems appropriate

Server hosting services are provided entirely in RaceRooms discretion from time to time, and RaceRoom gives no warranties of any kind in relation to the services if and when provided, and accepts no liability what so ever for the services. RaceRoom reserves the right to cancel any or all booked time slots and to remove access to the servers without reason at any time (including during the time booked even if play is ongoing) without any liability what so ever. RaceRoom will however reimburse the RacePoints or other payment received for such canceled time slots.

14. USER CREATED AND CUSTOMIZABLE CONTENT

The Product allows you to share or allow others to view such user created or customized content, and to take part of such content created or customized by others. By using such features, you guarantee that (i) you are the owner of all intellectual property rights in all such content, including artwork, photos, designs, trademarks or other content used by you in such user created content or customizations or that you have obtained all required approvals and other rights to use such content from its legal owners, (ii) that no such content is designed to introduce malware into the Product or Racerooms systems, to hack or aid in hacking the servers of RaceRoom or cracking any copy protection systems or other security that RaceRoom may have in place, and (iii) that no such content or customizations shall be illegal, discriminatory, offensive, libelous or otherwise inappropriate.

Furthermore, you hereby agree to indemnify, save and hold RaceRoom harmless from any and all claims, losses or liabilities that may arise from a breach of your warranties above or that may otherwise arise as a result of any content or customizations created or made available by you. RaceRoom accepts no liability whatsoever towards you in case any such user created or customizable content should cause any damage or nuisance for you, but will, if RaceRoom deems this appropriate, remove any inappropriate content that RaceRoom is informed or otherwise becomes aware of.

The use of the user created content and customization features in this Product is intended solely for your personal use and may not, without RaceRoom’s prior written consent, be used for marketing purposes or otherwise for any commercial purposes whatsoever.

RaceRoom reserves the right to at any time remove any and all user created content or customizations that RaceRoom, in its sole and absolute discretion, deems to be inappropriate in any way. Furthermore, if such content may be deemed illegal, RaceRoom may retain copies of the material as evidence and submit such material together with your identity to the relevant authorities for criminal or other legal investigations. In addition, if you are in breach of this section in any way, RaceRoom may temporarily or permanently suspend or remove your account.

15. ONLINE CONDUCT

The Product may include social interaction features, such as messaging systems and chatrooms. Your online conduct and interactions with other subscribers should be guided by common sense and etiquette. RaceRoom is not able to avoid any illegal or unlawful content, in particular comments or expressions made in chats or posted in internet forums without prior knowledge of RaceRoom. RaceRoom merely acts as an intermediary service provider, and does not assume any responsibility or liability for such content. You are personally liable for the use of such features with your account and the Product, including but not limited to, use of chat and messaging services provided by RaceRoom or its licensors. You further agree and understand that RaceRoom may, upon receiving complaints, remove any posts made by you and, if it so deems appropriate, suspend or terminate your account as a result, and where required provide the relevant law enforcement authorities with information that may be required to investigate any criminal or illegal actions performed by you and to retain the relevant information.

16. CHEATING

RaceRoom maintains a “zero tolerance” policy against any and all forms of cheating in the Product. No use of cheat codes, hacks, Al bots, macros, exploits, doctoring or any other current or future forms of cheating will be permitted in online ranked Products. If RaceRoom has reason to believe that you are in any way cheating in online ranked Products, RaceRoom may enforce any and all remedies that RaceRoom deems appropriate, including without limitation, rank demotion, disqualification in past or current Products or competitions and temporary or permanent suspension or removal of your account.

17. AMENDMENTS TO THE EULA

RaceRoom may amend this EULA at any time in its sole discretion. Such amendments shall be effective when notified to you in any way, and will be deemed accepted if you continue use of the Product. If you do not agree to such amendments or to any of the terms in this EULA, your only remedy is to stop using the Product.

18. TERM AND TERMINATION

The term of the EULA will be effective as of the date that you click “Accept” below, and will continue in effect until otherwise terminated in accordance with this EULA.

This EULA is valid until terminated by either of the parties. You can terminate this EULA at any time, by ceasing use of or uninstalling the Product. RaceRoom may terminate the EULA by giving you notice that the service will no longer be provided, and your right to use the Product will then cease as notified by RaceRoom, or if you materially breach any of the terms herein in which case RaceRoom may immediately suspend or terminate your account and your right to use the Product ceases immediately. Notwithstanding any termination hereof, all provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies or damages and RaceRoom’s intellectual property rights shall survive termination of the EULA.

19. SEVERABILITY CLAUSE

Should any provision of this Agreement be or become invalid or unenforceable such invalidity or unenforceability shall not affect the validity of the remaining provisions of this Agreement. In this event, the Parties shall negotiate with a view to substituting for the invalid or unenforceable provision a provision which comes closest to the original understanding and intentions of the Parties. The same applies correspondingly to any involuntary omissions in this Agreement

20. CHOICE OF LAW

Subject to the paragraph below, the EULA and any claim or dispute of whatever nature arising out of or relating to these EULA shall be governed by, and construed in accordance with, the laws of Germany, unless and to the extent that the laws relating to transactions with consumers in a particular jurisdiction require this agreement to be governed by and construed in accordance with the laws of such jurisdiction in order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement.