END USER LICENSE FOR THE RACEHERO APPLICATION AND RACEHERO™ RELAY FOR MYLAPS® ORBITS™

THIS IS A LEGAL DOCUMENT.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE RACEHERO RELAY FOR MYLAPS ORBITS OR THE RACEHERO APPLICATION (COLLECTIVELY THE “SOFTWARE”). THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION.

BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THIS AGREEMENT, DO NOT USE THE SOFTWARE.

THIS IS A SINGLE COPY SOFTWARE LICENSE granted by Hagerty Motorsports, LLC, (the “Owner”) a company incorporated under the laws of the State of Delaware. The Software is licensed to you as the end user. It is not sold.

Terms of License

This license allows you to:

  1. use the Software on multiple computers; and
  2. 2. make unlimited copies of the Software for back-up purposes. If you wish to use the Software on more than one computer, you may copy the Software provided this End User License is included with the copy.
Cookies

A cookie is a piece of data stored on the user’s computer when you visit a website. Cookies are used on our site to enhance and simplify your visit. We use cookies to gather information on your preferences to provide you with a more custom experience. For example, we send a cookie whenever an application has been started. This allows the you to access this application upon future visits.

You can block the use of these cookies by adjusting your mobile device’s settings. If you reject a cookie, you may still use our website but will not have access to these enhancements. For more information on cookies, please see our International Cookie Statement.

Restrictions on Use

Under this License you will not:

  1. modify or copy the Software outside of what is allowed under this license;
  2. use the Software for any commercial purpose without prior written permission from the Owner;
  3. attempt to decompile or reverse engineer any of the Software;
  4. remove any copyright or other proprietary notations from the Software;
  5. create any derivative works from this Software
  6. intercept, inspect, or otherwise interfere with the data transferred in any way between the Software and any remote connection; or
  7. transfer the materials to another person or "mirror" the Software on any other server.
Ownership

This license provides you with limited rights to only use the Software. The Owner retains all ownership, right, title and interest in, to and of the Software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by the Owner.

Proprietary Markings

Everything contained in the Software is property of the Owner and protected by copyright laws. This includes words, sound clips, software, and any images in the services. You will not remove or obscure the Owner's copyright, patent, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.

Disclaimer of Warranties and Technical Support

The Software is provided “as is”. We try our best, but we cannot guarantee that it will be perfect for any use that you intend, or in perfect working order, or that they do not violate some right of somebody. We also cannot guarantee that the Software is error-free or perfectly reliable. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

OWNER and its suppliers will never be responsible for any damages or loss that you claim. This includes any lost profits, lost data, or any other incidental or consequential loss. These limitations apply even if we were notified that the loss might happen. Some jurisdictions do not allow these limitations, so depending on where you are located, these limitations may not apply to you. The limited warranty, exclusive remedies and limited liability listed above are the fundamental basis of the agreement between the Owner and you.

Term and Termination

This license agreement is effective until terminated. You may terminate this license agreement at any other time by destroying all complete and partial copies of the Software in your possession. If you break any of these rules, your license to use any of these services is automatically terminated. We can also terminate your license any time for other reasons. When you are done using the Software, you must destroy any Software copies that you have or control.

General Provisions

(a) This Agreement will be governed by and construed in accordance with the laws of the State of Michigan and the parties agree to the jurisdiction of the courts of the State of Michigan in the United States of America.

(b) This Agreement contains the complete agreement between the parties with respect to the subject-matter here and supersedes all prior or contemporaneous agreements or understandings of any kind.

(c) All questions, comments or concerns with respect to this Agreement will be directed to: Hagerty, 121 Drivers Edge, Traverse City, MI 49684, info@racehero.io, +1.415.462.5603

Updates

The Owner may from time to time release new versions of the Software which will be provided to you on an exchange basis. The acceptance of an updated copy of the Software will result in the voluntary termination of your earlier License and of all rights to use or transfer the earlier version of the Software to another.