NASCAR TrackPass END USER LICENSE AGREEMENT This is an end user license agreement (“License”) for the “NASCAR TrackPass” (“Software”) between you and NBC Sports Ventures, LLC d/b/a Playmaker Media as (“Licensor”) as licensed distributor of NASCAR international digital products. Please read this License before downloading or using the Software. You should also review the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). If you use or download the Software, you are agreeing to be bound by the terms of this License and the Usage Rules. DO NOT DOWNLOAD OR USE THE SOFTWARE IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT
LICENSE: The Software and accompanying documentation is licensed, not sold or otherwise transferred to you by Licensor. You are hereby granted a limited non-transferable, non-exclusive license to use the Software and the services provided by the Software (“Services”), and any upgrades to the Software that replace or supplement the Software, on any iPad, iPhone or iPod touch that you own or control as permitted by the Usage Rules for the purpose of viewing NASCAR TrackPass content on your tablet, mobile or wireless device. You may install copies of the Software on more than one computer provided that you are the only individual using the Software and only one copy of the Software is in use at any one time. You may not use the Software on any iPad, iPhone or iPod Touch that you do not own or control. Except as set forth above, a separate license is required for each additional use and/or individual user. You may not rent, lease, lend, sell, redistribute or sublicense the Software, or distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not copy the Software other than as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based in whole or in part on the Software, or any updates to the software. No portion of the content provided via the Services may be reproduced in any way except as permitted under this License.
RIGHTS RESERVED: The Services contain proprietary content, information and material that is protected by copyright and other applicable intellectual property and other laws, and that you agree that you will not use such proprietary content, information or other materials in any way whatsoever except for permitted uses of the Services. This License does not grant you any right to enhancements or updates to, or support or maintenance for, the Software or any modifications made by Licensor. Title to the Software, any modifications and all copies remain with Licensor. Licensor is free to license the Software on terms different from those contained herein. Licensor expressly reserves all rights in the Software that are not expressly granted to you under the License. Licensor reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
SERVICE CONTENT: The Software and Services may enable access to Licensor’s or third party websites. Use of the Services may require internet access and that you accept additional terms of service. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. The Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience.
TERM AND TERMINATION: This Agreement will commence on the date which you receive the software or on the date which You pay the applicable license fee for the Software (the "Effective Date"), which ever comes first, and will continue in full force and effect, unless terminated earlier as provided herein. This License is effective until terminated. You may terminate this Agreement by deleting the Software, provided that such termination will not entitle you to a refund of the license fee or support fees. It may be terminated at any time, for any reason, by Licensor. The License shall terminate automatically without notice from Licensor if you fail to comply or breach any terms of the License. Upon termination of the License, you shall cease all use of the Software, and destroy any copies of the Software.
CONSENT TO USE OF INFORMATION: You acknowledge and agree that any and all information provided by or obtained from you (e.g., email address and mailing address) may be used and retained by Licensor and may be shared with third parties who have a need to know for purposes related to your License. Furthermore, you acknowledge and agree that Licensor may collect and use technical data and related non-personally identifiable information, including but not limited to technical information about the device, system and application software you use to access the Software and Services to facilitate the provision of Software updates, product support related to the Software and Services. Such data may also be used to improve the Software and Services offered to you.
WAIVER OF WARRANTIES AND REPRESENTATIONS: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND YOU BEAR ALL RISKS AS TO SATISFACTORY QUALITY, PERFORMANCE, EFFORT AND ACCURACY OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, ANY UPGRADES AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE SOFTWARE OR SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION GIVEN BY LICENSOR SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OR ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF WORK, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. . IN NO EVENT SHALL NBC UNIVERSAL’S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE DURING THE TWELVE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
CHOICE OF LAW: This License and the use of the Software and Services shall be subject to and governed by the laws of the State of New York, excluding its conflicts of law rules. Your use of the Software and Services may also be subject to other local, state, national, or international laws.
THIRD PARTY BENEFICIARY: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this License against you as a third party beneficiary hereof.
EXPORT CONTROL/LEGAL COMPLIANCE: You may not export, ship, transmit, or re-export the Software in violation of any applicable law or regulation, including, without limitations, the Export Administration Regulations issued by the United States Department of Commerce. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
MESSAGING FEES: Standard text messaging rates or other carrier charges may apply if you use Software to send SMS/MMS messages