VRC PRO ® End User Software License
Agreement
v1.1 September 2013
Virtual Racing Industries bv,
the Netherlands
The software (including
updates and all possible content used by the software) you (can) download from any
of the official VRC websites or has been made available to you in any other way
(hereafter referred to as “Software”) and the software and web services
obtained from the VRC web sites (Software and web services combined called the
"Service"), are protected by copyright laws and international treaty
and are owned by VIRTUAL RACING INDUSTRIES bv
(hereafter referred to as "VRI"), a limited liability company under
the laws of the Netherlands. Virtual RC Racing, VRC, iVRC
and VRC Pro are (registered) trademarks of VRI. VRI holds domain registrations
including, but not limited to, virtualrc.com, vrcpro.com, vrcworld.com,
ivrc.com (hereafter referred to as the “VRC websites”).
VRI retain title to the
Service, and all intellectual property rights therein. Unauthorized
reproduction or distribution of the Service is subject to civil and criminal
penalties.
VRI is willing to license
the Service to you and open your VRC Pro member account (hereafter referred to
as the “Account”) under the condition that you (i) complete the user account
registration, (ii) accept all of the terms and conditions in the License
Agreement ("Agreement") between you (either an individual end-user or
an entity) and VRI which is written below and (iii) accept the Privacy Policy
rules of VRI.
By pressing the "I
accept" button you accept the User Account Registration and the terms and
conditions of Agreement below. If you do not agree to the User Account
Registration and/or the terms and conditions of this Agreement, and/or the VRI
Privacy Policy, press the "I do not accept" button. If you have
already downloaded the Software or obtained the Software in any other way, you
must then stop using the Software and destroy any copies of the software in
your possession or control.
If you are acquiring the
Service on behalf of another person or entity, you represent and warrant that
you have the authority to bind the party or entity for which you are acquiring
the Software to the terms and conditions of the Agreement.
License Agreement
1. In order to register for
the Service, you must be an adult according to the laws of the jurisdiction
(i.e. state or country) in which you reside. If you wish to use the Service and
you are not an adult, you must have a parent or guardian register for the
Service on your behalf. By registering for the Service, you are making a
representation to VRI that you are an adult in the jurisdiction in which you
reside and that you agree to this Agreement on behalf of yourself and, at your
discretion, for one (1) minor child for whom you are a parent or guardian and
whom you have authorized to use the account you create to use the Service. In
any event, the Service is not designed for minors under the age of thirteen
(13), so minors under the age of 13 should be discouraged to use the Service or
only under parental guidance.
2. Subject to the terms and
conditions of this Agreement, VRI grant to you a non-exclusive,
non-transferable and revocable license to install and use the Software on up to
two (2) computers, which must be under your legitimate control at any one time.
Accounts may not be purchased, sold or traded, or offer to do this on behalf of
a third party. Any such attempt will be null and void. Installation of software
on a network server is prohibited. Software may only be used for personal,
non-commercial leisure, training and educational purposes. No other rights on
whatsoever name are granted. You may re-install Software on another computer
under the same conditions of this License, under the explicit condition that
Software is removed from the original computer.
3. The Software contains
copyrighted material and trade secrets of VRI and its licensors. VRI and its
licensors shall retain al rights, title and interests
including the ownership of all intellectual property rights relating to the
Software and copies thereof. You agree that neither you nor a third party
acting on your behalf will:
- modify or change the Software or create derivative works of the Software in
whole or in part;
- de-compile, disassemble or reverse engineer the Software in whole or in part;
- use the Software in any manner to provide computer services to third parties
or facilitate, host, link to or provide any other means through which the
Software can be played by others, such as through server emulators;
- transmit the Software in whole or in part, over the Internet;
- sublicense or otherwise transfer on whatsoever title, the Software to a third
party;
- ever acquire or obtain any intellectual property rights of any kind in or to
the Software in whole or a part.
All names and logos in the
Software are either the (registered) trademarks of VRI, Microsoft or the
property of their respective owners. The absence of a product name or logo on
the web site or in the Software does not constitute a waiver of the
intellectual property rights of VRI, Microsoft or third parties, concerning
that name or logo.
4. You declare that you are
aware that before you can use the Software and your Account you must have
obtained the Software installation package either as a download, which VRI (or
a third party authorized by VRI) provides, have verified to have a computer,
monitor and controller suitable to run and play the Software and have a
suitable Internet connection (none of which VRI provides with the Service) to
create and access your Account. Furthermore you declare that you have received
the Software installation package from authorized websites or through a
VRI-authorized promotional offer such as a CD-Rom bundled with, but not limited
to, an r/c car magazine or r/c car product.
5. This Agreement can be
terminated by VRI at any time. If VRI makes a request via public announcement
(including from its web sites) or press release, to stop using the copies of
the Software, you will comply immediately with that request and the copies of
the Software in your possession or control must be destroyed. VRI is entitled
to terminate this Agreement, inactivate your account and/or suspend your
account, without being obliged to (pro rated) refund of any prepaid amounts,
immediately and without (prior) notice if you breach this Agreement or infringe
any third party intellectual property rights, and in case we are unable to
verify or authenticate any information you provide to us. In case of termination
you have no longer access to your Account and the copies of the Software in
your possession or control must be destroyed. After termination of this
Agreement the provisions of paragraph 18,19,20 and 21
in this Agreement will survive.
6. In case of termination
of the Agreement or inactivation of your Account VRI does not give full
or partial refunds for any VRC Racing subscription period that you have paid
for in advance, for any VRC content purchased or any virtual cash (vEuros) remaining in your account. In case of inactivation
of your Account you have no longer access to your Account, nor will any
personal information be posted on the website, with the exception of:
- race, series and ranking results scored prior to the inactivation of the
Account
- Time trial results scored prior to the inactivation of the Account
- Multi-player run results scored prior to the inactivation of the Account
- forum entries and other publicly available information posted prior to the
inactivation of the Account
7. All fees mentioned on
the VRC Websites are stated in Euros (€) unless otherwise specified. All fees
are prepaid and non-refundable. Fees and prices include 21% of value added tax
as mandatory under Netherlands and European tax laws. Electronic software purchases
made through the VRC e-shop are registered in and linked to your Account and
are non-refundable. You will receive a confirmation of all your purchase(s) by
e-mail.
8. Hardware purchases made
through the VRC e-shop are subject to a one-year warranty. Products considered
DOA (Dead on Arrival) must be reported to VRI "DOA" within 31
calendar days of the purchase date, by e-mail (sales@virtualrc.com).
VRC hardware is considered
DOA if it shows symptoms of hardware failure which prevents basic operability
upon its first use. VRI may require the VRC hardware to be returned for
examination. The DOA declared VRC hardware and hardware replaced under warranty
will be replaced free of charge.
9. To obtain a VRC Account,
you will be required to enter your REAL first and last name, a valid e-mail
address and password. Before your account becomes active you must successfully
reply to the account activation e-mail from VRI which will be sent to the
e-mail address entered with your Account. VRI is entitled, and you acknowledge
this, to verify your name information in order to validate your account. You
may not use a name that belongs to another person, relates to websites or email
addresses, is obscene or offensive to other persons, is abusing the name of
existing persons, violates anyone's trademarks,
publicity rights or other proprietary rights.
You acknowledge that your
real name as registered in your Account will be displayed in full to other
users of the Service and you hereby consent to such display of your name in any
part of the Service including, but not limited to, results, forums, website and e-mail communications. You agree to handle your
personal information as described in our Privacy policy. If you are authorizing
a minor child to use the Service you must not provide to vrcworld.com any
personal information about such child.
10. Your e-mail address
will be used as your unique login name. During the account registration process
you will be required to enter a password. You may not disclose your password to
any third party. You are responsible for maintaining the confidentiality of
your password and you will be responsible for all uses of your password,
whether or not authorized by you. VRI never asks you for your password by
telephone or email, and you should not disclose it this way if someone asks you
to do so. Although VRI may offer a feature that allows you to "save"
or "remember" your password on your hard drive, please note that by
using this feature third parties may be able to access your computer and thus
your Account. Unauthorized use or disclosure of your password should be immediately
reported to VRI by e-mailing to support@virtualrc.com.
11. You acknowledge that
unless you request otherwise in your Account section of the VRC Websites by
clicking on the box to not automatically renew, your subscription will
automatically renew at the end of your subscription period and you will be
charged for the renewal fee. For manually recurring subscription payments you
will be notified by e-mail 2 weeks prior to the
expiration date of the subscription period.
12. Your Account gives
access to the VRC Websites member area (specifically vrcworld.com) of VRI and
provides the possibility to upload content to our servers in various forms
(hereafter referred to as “User Content”). You guarantee that the User Content
shall not: (i) infringe any third party intellectual property, other
proprietary or publicity/privacy rights; (ii) violate any law or regulation;
(iii) be defamatory, obscene, pornographic, child pornographic or harmful to
minors; or (iiii) contain any viruses, Trojan horses,
worms, time bombs, cancel bots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information. VRI may take any action
with respect to your User Content if we believe it may create liability for VRI
or may cause VRI to lose (in whole or in part) the services of our ISPs or
other suppliers.
While uploading the User
Content you transfer to VRI a worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise all intellectual property rights, in any media
now known or not currently known, associated with your Content, which transfer
hereby is accepted by VRI. Additionally, the User Content may include certain
optional voice or video communication features that you may choose to use. If
you use these voice or video communication features, if any, to send or receive
voice or video messages through the Service, you agree that (i) you will not
receive or send any User Content in violation of this Agreement, (ii) you will
hold VRI free and harmless against any claims of yourself or third parties
concerning the User Content transmitted by you, and (iii) VRI is not
responsible for any use of such features by any other users or third parties,
including without limitation, uses that may result in unauthorized access or
damage to your computer and/or the information stored there. Furthermore you
guarantee not to take any action which imposes an unreasonable or
disproportionately large load on our infrastructure.
13. Information and
materials submitted to the VRC Websites, such as any comments, feedback, ideas,
questions, designs, data or the like regarding or relating to the Service or
the business of VRI (collectively "Feedback"), will be considered non-confidential
and non-proprietary with regard to you, but VRI reserves the right to treat any
such Feedback as the confidential information of VRI. For this reason, we ask
you not to send us any information or materials that you do not wish to assign
to us, including, without limitation, any confidential information or any
original creative materials such as product ideas, computer code, or original
artwork. By submitting Feedback to the VRC Websites, you assign to VRI,
subsidiaries, and affiliates, free of charge, all worldwide rights, title and
interest in all copyrights and other intellectual property rights in such
Feedback.
VRI will be entitled to use
any Feedback you submit to it, and any ideas, concepts, know-how or techniques
contained in any such Feedback, for any purpose whatsoever, including but not
limited to developing, marketing and selling products and services using such
Feedback, without restriction and without compensating you in any way. You are
responsible for the information and other content contained in any Feedback you
submit to us, including, without limitation, their truthfulness and accuracy.
14. VRI may communicate
with you through personal or automated e-mail notifications and through
internal messaging on the VRC Websites about general VRC, racing or product
information. VRI offers you the possibility to opt out from receiving such
e-mails in your Account under e-mail preferences. By participating in on-line
VRC events you agree to transfer to, and store on VRC servers race results and racing
data, including but not limited to lap and section times, pit stops, repairs,
racing incidents, use of marshals and product configurations, and you give
permission to VRI to use your race results and racing data for statistical
purposes and publish your product selections with the results published on the
VRC website, and to share product preferences and use with VRC partners,
sponsors, advertisers and affiliates directly related to VRC or the event. VRI
will not share any information that will personally identify you to such 3rd
parties without your authorization.
15. Using your Account VRI
cannot ensure that your private communications and other personally
identifiable information will not be disclosed to third parties. For example,
VRI may be forced to disclose information to the government or third parties
under certain circumstances, or third parties may unlawfully intercept or
access transmissions or private communications. Additionally, VRI can (and you
authorize us to) disclose any information about you to private entities, law
enforcement or other government officials as VRI, in our sole discretion,
believe necessary or appropriate to investigate or resolve possible problems or
inquiries. Furthermore, if you request any technical support, you consent to
our remote accessing and review of the computer you load the Software onto for
purposes of support and debugging. You agree that VRI may communicate with you
via email and any similar technology for any purpose relating to the Software
and any services or software which may in the future be provided by us or on
our behalf.
16. For the purpose of
patching and updating the Software, you hereby give VRI permission and the
irrevocable right to (i) download Software and file information from the Software
directory and (ii) upload Software to you. You acknowledge that any and all
data is stored and is resident on our servers, and any and all communications
that you make (including, but not limited to, messages solely directed at
another player or group of players) traverse through our servers, which might
be monitored by VRI’s personnel. You declare that you have no expectation of
privacy in any such communications and you expressly consent to monitoring of
communications that you send and receive.
17. VRI and its suppliers
provide the Software to you on a “as is” basis. VRI and its suppliers hereby
expressly disclaim all warranties of any kind including but not limited to (i)
the implied warranty of fitness of the Software for whatsoever purpose, (ii)
non infringement of third-party rights with respect to the Software and (iii)
the continuous, error-free, secure or virus-free operation of the Software. You
understand that VRI may update or otherwise enhance the Software at any time
and in doing so incur no obligation to furnish such updates to you pursuant to
this Agreement. VRI may close down its servers and Services for scheduled and
incidental maintenance of the Service. You acknowledge and accept temporary
interruptions of the Services due to, but not restricted to, maintenance work
activities on VRI, partners and third party servers.
18. In no event VRI or its
suppliers can be held liable under this Agreement or on any other ground, for
any costs, damages or substitute products or services, loss of profits, loss of
information or data or any other direct, indirect, consequential of incidental
damages arising in any way out of the possession, use or inability to use or
malfunction of the Software or (delay or failure of any performance of) your
Account, even if VRI or its suppliers has been advised of the possibility of
such damages.
19. This Agreement
constitutes the entire agreement between the parties with respect to the use of
the Software and Services, and supersedes all prior or contemporaneous
communications or agreements, written or oral, regarding such subject matter.
VRI may, in its sole discretion, modify portions of this Agreement at any time.
VRI may notify you of any changes by posting notice of such modifications on
VRC Websites or sending notice via e-mail, or other means such as a
communication to you at the time you log into your account. Your continued use
of the Software and Services following notice of such modifications shall be
deemed to be your acceptance of any such modifications to the Agreement. If you
do not agree to any such modifications, you must immediately stop using the
Software and destroy all copies of the Software in your possession or control.
20. All rights not
expressly granted herein are reserved.
21. This Agreement will be
governed by and construed in accordance with the laws of the Netherlands. The
UN Convention on Contracts for the International Sale of Goods (or any other
treaty) is not applicable to this Agreement. If for any reason a court of competent
jurisdiction finds any provision of this Agreement, or portion thereof, to be
unenforceable, that provision of the Agreement shall be enforced to the maximum
extent permissible so as to affect the intent of the parties, and the remainder
of this Agreement shall continue in full force and effect.
