BEFORE YOU CLICK ON THE 'YES' BUTTON AT THE END OF THIS DOCUMENT AND INSTALL THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY CLICKING ON THE 'YES' BUTTON AND BY DOWNLOADING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING THE LICENSEE TO THIS LICENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE CLICK THE 'NO' BUTTON AND DO NOT DOWNLOAD OR USE THE SOFTWARE
When you click the "Yes" button Rage Games Limited whose registered office is at Martins Building, Water Street, Liverpool, L2 3SP ("the Licensor") grants you a non-exclusive, non-transferable Licence for the accompanying product "eRacer" , including electronic documentation and associated material ("the Software"). The Licence permits you to "Use" ( as herinafter defined) the Software on a single computer system ("the System") for single use only upon the terms and subject to the conditions contained herein. You may physically transfer the Software from one computer to another provided the Software is used in connection with one computer at a time. The Software may NOT be transferred electronically from one computer to another nor used over a network unless expressly authorised by the Licensor to do so.
1. Definitions
1.1 "Use"- means and includes the utilisation of the Software by copying, transmitting or loading the same into the permanent memory of the System for the processing of the System instructions or statements contained in such Software which is in machine-readable form for Use by the Licensee on the System for the purposes only of understanding the contents of such machine-readable material.
2. Licence Fee
2.1 The Software is NOT free or shareware.
3. Your Warranties
3.1 Upon accepting this Licence you will undertake:
3.1.1 not to copy the Software (other than for normal operation and as specified in clause 1 above) nor (subject to applicable law rights) to disassemble, decompile , reverse engineer or otherwise reduce the Software to a human-perceivable form
3.1.2 not to translate, modify, network, lease, rent, loan, redistribute, sub-lease, sub-licence or create derivative works based upon the Software in whole or in part
3.1.3 to reproduce and include the copyright notice of the Licensor as it appears in or on the Software on all copies
3.1.4 not to display the Software on a public bulletin board, File Transfer Protocol site, world wide web site, chat room or by any other unauthorised means.
3.1.5 not to use the Software for any immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program
3.1.6 within 14 days after the date or termination or discontinuance of this Licence for whatever reason, to destroy the Software and all upgrades or copies
4 Defective Media
4.1 In the event that the tangible media on which the Software is stored is found to be defective in either materials and/or workmanship during any warranty period given by any licensee or distributor of the Licensor you should return it to the point of purchase immediately. The retailer may then request that you provide them with adequate proof of purchase. The manufacturer of the media at their option and subject to their own terms will be responsible for any repair and/or replacement of the media.
5. Licensor's Liablity
THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT THE LICENSOR DOES NOT ACCEPT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL OR INDIRECT LOSSES.
6. Intellectual Property Rights
All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio and other identifiable material relating to the Software) are and remain the sole property of the Licensor)
7. Termination
You may terminate this Licence at any time by destroying the Software, documentation and all copies. No Licence Fee is refundable. The Licensor may terminate this Licence at any time if you are found in breach of any these terms. If you are notified of such termination, you must comply with the provisions of Clause 3 above.
8. Jurisdiction
This Licence is governed by English Law and the parties agree that this Licence shall also be construed in accordance with the European Commission's Directives and WIPO Treaties on Computer Programs, Copyright and Intellectual Property Rights in terms of the enforceability of this Licence, this Licence shall be deemed "in writing" and "accepted" by both parties.
