PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE HRC NSF250R SCREEN SAVER. BY USING THE HRC NSF250R SCREEN SAVER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, CLICK "DISAGREE."|
1. General. The HRC NSF250R SCREEN SAVER is made available to you for your personal use in compliance with all applicable laws, rules and regulations. Honda Racing Corporation ("HRC") reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the HRC NSF250R SCREEN SAVER Software on a single computer at a time. This License does not allow the HRC NSF250R SCREEN SAVER Software to exist on more than one computer at a time, and you may not make the HRC NSF250R SCREEN SAVER Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the HRC NSF250R SCREEN SAVER Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the HRC NSF250R SCREEN SAVER Software or any part thereof. THE HRC NSF250R SCREEN SAVER SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE HRC NSF250R SCREEN SAVER SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the HRC NSF250R SCREEN SAVER Software.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from HRC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the HRC NSF250R SCREEN SAVER Software and destroy all copies, full or partial, of the HRC NSF250R SCREEN SAVER Software.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE HRC NSF250R SCREEN SAVER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE HRC NSF250R SCREEN SAVER SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HRC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HRC NSF250R SCREEN SAVER SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE 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. HRC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE HRC NSF250R SCREEN SAVER SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE HRC NSF250R SCREEN SAVER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE HRC NSF250R SCREEN SAVER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE HRC NSF250R SCREEN SAVER SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, THAT THROUGH THE HRC NSF250R SCREEN SAVER SOFTWARE ACCESSING THE INTERNET TO DOWNLOAD NEWS ITEMS YOU INCUR COSTS OR REDUCED NETWORK PERFORMANCE, OR THAT DEFECTS IN THE HRC NSF250R SCREEN SAVER SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HRC OR AN HRC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE HRC NSF250R SCREEN SAVER SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY 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 AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HRC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE HRC NSF250R SCREEN SAVER SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
7. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Tokyo, Japan, as applied to agreements entered into and to be performed entirely within Tokyo between Tokyo residents. This License shall not be governed by the United Nations Convention, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the HRC NSF250R SCREEN SAVER Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by HRC. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.