HORSE RACING SIMULATIONS LLC "SIM2WIN EDITION" LICENSE AGREEMENT ("Agreement")
IMPORTANT - READ BEFORE INSTALLING OR RUNNING
Use of the Software (defined below) is governed by the terms of this Software License Agreement ("Agreement"). You, the end-user, indicate your acceptance of these terms by (i) installing the Software on your computer, (ii) clicking the "Accept License Agreement" button, or (iii) by using the Software. If you do not agree to these terms you must (i) terminate the installation process, (ii) uninstall the Software now, (iii) if purchased in hard copy, return immediately.
TERMS AND CONDITIONS
1. GRANT OF LICENSE. Horse Racing Simulation, LLC ("HRS"), owners and developers of SIM2WIN and, if applicable, its partners, licensors, distributors and affiliates, grant you a non-exclusive non-transferable license to use one (1) copy of the SIM2WIN Horse Racing Software Program ("Software") on one (1) computer at one (1) location. This Software may be used only on one (1) computer at any one time. The Software may NOT be used for commercial purposes. You may make an archival or backup copy of the Software, but such copies must be used solely for archival or backup purposes.
2. INFORMATION PROVIDED BY USER. You agree to provide information to HRS and, if applicable, to its partners, licensors, distributors and affiliates, that is true and accurate. HRS and, if applicable, its partners, licensors, distributors and affiliates, cannot be held liable for reliance upon inaccurate or invalid information.
3. HRS INFORMATION. HRS takes all possible steps to assure that the information provided by them is accurate and complete. HRS cannot be held liable for corruption of the data, improper posting, data that is not 100% accurate or technical interruptions. Under no circumstances will you claim that HRS or its identified partners, if applicable, have any liability to you when utilizing the SIM2WIN product. HRS and, if applicable, its partners, licensors, distributors and affiliates, makes no guarantees as to the performance of the product in predicting race results in any manner. You must interpret the generated data yourself to assist you in handicapping and analyzing a race. You agree to hold HRS and, if applicable, its partners, licensors, distributors and affiliates, harmless for any monies the you may claim to have lost by relying upon and translating the data provided through the utlization of the SIM2WIN product. SIM2WIN IS NOT A RACE PREDICTING TOOL. ITS SOLE PURPOSE IS TO PROVIDE RACING FANS WITH ADDITIONAL INFORMATION IN A MORE SIMPLISTIC MANNER THAT MAY OR MAY NOT LEAD TO PROFITABLE BETTING STRATEGIES.
4. PROHIBITED USAGE. You agree that under no circumstances, without express written permission from HRS, will you disseminate, broadcast, advertise, sell, redistribute, relicense or provide in any manner to any third party, either for compensation or not for compensation, the information provided by the SIM2WIN product. Violating this term and condition can lead to legal action against such you or an entity engaging in such activities. Users wanting to distribute such information must purchase a Master Distribution License directly from HRS.
5. AGREEMENT TO PURCHASE FEES. The installation of the core SIM2WIN product (software engine) may or may not include horse race file packages. You understand and agree that individual race files for upcoming SIM2WIN use may require additional purchases, monthly membership fees, or other types of requirements from partners, licensors, distributors, or affiliates. Such requirements or other terms for accessing such data have been clearly identified prior to the registration process and installation of the SIM2WIN product. If you are not sure of the commitments you are making, if any, please refer to the point of registration, whether it be website, CD-ROM, or such place where initial product was accessed.
6. AGGREGATION OF DATA BY HRS. You understand and agree that HRS and, if applicable, its partners, licensors, distributors or affiliates will aggregate the data from the players as a whole for statistical and marketing purposes.
7. USER AGREEMENTS. YOU AGREE TO THE TERMS AND CONDITIONS AS STATED WHEN INSTALLING THE SOFTWARE, TO THE TERMS AND CONDITIONS PROVIDED HEREIN, AS WELL AS THE TERMS AND CONDITIONS IDENTIFIED UPON THE INITIAL SIGNUP PROCESS.
8. PAYMENT PROCESSES. You agree that under no circumstances will you charge back, cancel or interfere with any payment processes agreed upon under these terms and conditions, and, if applicable, those mentioned on our website or required by our partners, licensors, distributors of affiliates. You agree that if you are not satisfied with the Software for any reason, you will contact Customer Service immediately for dispute resolution. You further agree to hold HRS, and, if applicable, its partners, licensors, distributors and affiliates, harmless for any chargeback fees generated by you with a credit card company at any time.
9. COPYRIGHT. The Software including all related screen display formats, databases and related files is owned by HRS and is protected under United States copyright laws and by international treaty. Except as otherwise expressly provided in this agreement, you may not make or distribute copies of the Software, any related documentation (including pictures) or computer files without the prior written permission of HRS. All copyright logos and marks are used with permission from the designated sources and are protected under all copyright and trademark laws.
10. OTHER RESTRICTIONS. You may not rent or lease the Software. You may not transfer the Software to any other person without first obtaining the prior authorization of HRS and, if such permission is granted, you must delete all copies of the Software from your computer, and must transfer all disks containing the Software and the related documentation to the recipient. You may not reverse engineer, decompile or disassemble the Software. If you transfer the Software after obtaining the consent of HRS, you must transfer the original copy and any updates. This Software is licensed for legal activities only. Utilizing this Software to assist in horse race wagering must be done so only in jurisdictions where horse race wagering is legal. This Software is not intended to be utiized in any manner that violates any state or federal laws.
11. SINGLE USER ONLY. This is a single user license. The Software may not be used as network version software, nor may it be used at more than one (1) location. If you wish to obtain a network version of the Software, you must contact HRS.
12. LIMITED WARRANTY.
a. HRS warrants that the Software will perform substantially in accordance with the documentation and any published specifications for the Software. Some states do not allow limitations on warranties, so these limitations may not apply to you.
b. HRS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH REGARD TO THE SOFTWARE AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
c. HRS's sole liability, and your sole remedy, shall be, at HRS's option, HRS's repair or replacement of the Software. HRS and, if applicable, its partners, licensors, distributors and affiliates, cannot be held liable for any loss or losses that occur when utilizing this product to assist in handicapping, nor is HRS and, if applicable, its partners, licensors, distributors and affiliates, liable for any claim or claims of damage to your computer as a result of using this Software.
d. In no event shall HRS or its suppliers or distributors be liable for any indirect or consequential damages (including, without limitation, damages for loss of business, loss of profits, loss of business information, or other financial loss) arising out of, or related to, your use of the Software, even if HRS has been advised of the possibility of such damages.
13. TERMINATION. This Agreement will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software.
14. MISCELLANEOUS. The Software is licensed for use for informational purposes only. This Agreement sets terms and conditions for the complete agreement concerning the use of the Software. This Agreement can be modified at any time by HRS and notification to users is not mandatory. A user can request the most current License Agreement at any time. This Agreement is governed by Nevada law.
Horse Racing Simulation, LLC
3850 E. Flamingo Road, # 777
Las Vegas, NV 89121