END USER INTERNET LICENSE
IMPORTANT - READ CAREFULLY BEFORE ACCESSING THIS WEB SITE.
By accessing this web site you accept this Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND RIEKEN'S RACING (PROVIDER). BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.
THIS INFORMATION PERTAINS TO THE RIEKEN'S RACING WEBSITE ONLY
1. GRANT OF LICENSE. Rieken's Racing (Provider) is an authorized licensor of products and services owned and created by Provider's licensor. Rieken's Racing (Provider) grants you a non-transferable, non-exclusive license to use this web site , solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products or Services. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Products or Service or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products or Service by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products or Service to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Provider's licensor retains all, ownership rights in the Products or Service. The Products and Services are copyrighted and may not be copied, even if modified or merged with other Products or Services. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products or Services.
2. LIMITED WARRANTY AND LIABILITY. The Products and Service are provided to you on an AS IS and WITH ALL FAULTS basis. You assume the entire risk of loss in using the Products or Service. The Products and Service are complex and may contain some nonconformities, defects or errors. Provider does not warrant that the Products or Service will meet your needs or expectations, that operations of the Products or Service will be error free or uninterrupted, or that all nonconformities can or will be corrected. This Limited Warranty is non-transferable.
THE EXPRESS WARRANTY IN THIS SECTION 2 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PROVIDER. PROVIDER MAKES AND USER RECEIVES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. THE STATED EXPRESS WARRANTY IS THE EXCLUSIVE REMEDY FOR DAMAGES AND IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PROVIDER.
IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER PROVIDER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF PROVIDER'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT PROVIDER'S LIABILITY SHALL NOT EXCEED $1.00. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
3. MISCELLANEOUS. This is the exclusive Agreement between Provider and you regarding its subject matter. You may not assign any part of this Agreement without Provider's prior written consent. This Agreement shall be governed by the internal laws of Iowa. You shall pay any taxes on the Products, Service, or transactions, except for those based on Provider's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to Provider at the address below.
Rieken's Racing legal address:365 7th Ave. Marion, IA 52302 USA