END USER LICENSE AGREEMENT
The herein contained End User License Agreement (the “Agreement” or “License” or “EULA”)
shall be considered a legally binding agreement between you (an individual or an entity,
hereinafter “Licensee” or “You” or “Your”) and 715wildcatriders for the use of the specified
software: Upgraded Steering System, which may include related printed material, media and any
other components and/or software modules, including but not limited to required drivers (the
“Product”). Other aspects of the Product may also include, but are not limited to, software
updates and any upgrades necessary that 715wildcatriders may supply to You or make available
to You, or that You obtain after the initial copy of the Product, and as such that said items are not
accompanied by a separate license agreement or terms of use.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR
OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY
THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT
AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO
THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS
NOR USE THE PRODUCT.
THIS PRODUCT IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER
INTELLECTUAL PROPERTY LAWS. THIS PRODUCT IS LICENSED AND NOT SOLD.
- DEFINITIONS AND INTERPRETATIONS
1.01 “Agreement” or “License” or “EULA” shall mean this End User License Agreement.
1.02 “Licensee” or “You” or “Your” shall mean You, the individual or business entity licensing
the Product under of the terms of this Agreement.
1.03 “Intellectual Property” means current and future worldwide rights under patent law,
copyright law, trade secret law, trademark law, moral rights law, and other similar rights.
1.04 “Update” means maintenance of, or a fix to, a version of Product, including, but not limited
to: a hot fix, patch, or enhancement, none of which function as a standalone service or
other software package and which do not have an additional cost for any existing
Licensee.
1.05 “Upgrade” means a major, standalone version of Product, which may include additional
applications, features, or functionality.
1.06 A person includes a natural person, corporate or unincorporated body (whether or not
having separate legal personality) and that person’s legal and personal representatives,
successors and permitted assigns.
1.07 Words in the singular shall include the plural and vice versa.
1.08 A reference to one gender shall include a reference to the other genders.1.09 A reference to a statute, statutory provision or subordinate legislation is a reference to it
as it is in force from time to time, taking account of any amendment or reenactment and
includes any statute, statutory provision or subordinate legislation which it amends or reenacts; provided that, as between the Parties, no such amendment or re-enactment shall
apply for the purposes of this Agreement to the extent that it would impose any new or
extended obligation, liability or restriction on, or otherwise adversely affect the rights of,
any Party.
1.10 A reference to writing or written includes e-mail.
1.11 Any obligation in this Agreement on a person not to do something includes an obligation
not to agree or allow that thing to be done.
1.12 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar
expression shall be construed as illustrative and shall not limit the sense of the words
preceding those terms.
1.13 References to articles, sections, or clauses are to the articles, sections, and clauses of
this Agreement.
1.14 “We”, “us”, and “our”, means 715wildcatriders. - LICENSE GRANT. 715wildcatriders shall grant to You a non-exclusive license for the use
and installation of the Product subject to all the terms and conditions set forth herein.
Furthermore, this EULA shall also govern any and all software Updates and Upgrades
provided by 715wildcatriders that would replace, overwrite and/or supplement the original
installed version of the Product, unless those other Updates and Upgrades are covered
under a separate license, in which case the terms of that license will govern. - TERMINATION. Should You breach this EULA, Your right to the use of the Product will
immediately terminate and shall terminate without any notice being given. However, all
provisions of this EULA, with the exception of the License grant, shall survive termination
and will remain in effect. Upon termination of the License grant, You MUST destroy any
and all copies of the Product. - INTELLECTUAL PROPERTY
4.01 PROTECTED PRODUCT. The Product is protected by copyright and other Intellectual
Property laws and treaties, and as such all rights, title, and interest in and to the content
offered, including but not limited to, any photographs, images, video animation, text, and
music, that may be incorporated as part of the offered content. Such offered content is
protected by copyright laws and international treaty provisions. Therefore, offered content
must be treated as any other copyrighted material, with the exception that it is allowable for
You to make copies as provided by the License. However, printed material, which may
accompany any offered content, may not be copied.
4.02 NO GRANT OF RIGHTS. Except as expressly stated herein, this Agreement does not
grant either Party any rights to the other’s content or any of the other’s IntellectualProperty. Specifically, 715wildcatriders owns all Intellectual Property rights in Product.
4.03 RIGHT OF PUBLICITY. You agree, with respect to publicity that: (a) 715wildcatriders may
include Licensee or its brand in a list of Licensees, online, or in promotional materials; and
(b) 715wildcatriders may verbally reference Licensee as a licensee of Product. - RESTRICTIONS ON USE. As a Licensee, You may not: (a) Make use of the offered
content on more than one computer at a time, without prior purchase of additional licenses;
(b) You may not share, distribute, lend, lease, sublicense or otherwise make available, in
any manner whatsoever, to any third party the offered content; (c) Modify, adapt, create
derivative works from or translate any part of the offered content other than what may be
used within Your work in accordance with this License; (d) Reverse engineer, decompile or
disassemble the offered content, nor attempt to locate or obtain its source code; (e)
Attempt to alter or remove any trademark, copyright or other proprietary notice contained
within the offered content; or (f) Make use of any offered content in any manner not
stipulated within this EULA or the documentation accompanying the offered content. - UPDATES/UPGRADES. 715wildcatriders may find the need to make available Updates
or Upgrades for the Product, in accordance with the herein contained terms and conditions
of this EULA. It shall be at the sole discretion of 715wildcatridersto make conditional
releases of said Updates or Upgrades to You upon Your acceptance of another EULA or
execution of another separate agreement. Should You elect to install and make use of
these updates, You are therefore agreeing to be subject to all applicable license, terms
and conditions of this EULA and/or any other agreement. - DISCLAIMER OF WARRANTY. 715wildcatriders shall use reasonable efforts consistent
with prevailing industry standards to maintain Product in a manner which minimizes errors
and interruptions.
HOWEVER, 715wildcatriders DOES NOT WARRANT THAT PRODUCT WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF PRODUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS
EXPRESSLY PROVIDED FOR HEREIN AND NOTWITHSTANDING ANYTHING TO THE
CONTRARY, NEITHER PARTY OR ANY OFFICER, DIRECTOR, SUBSIDIARY,
AFFILIATE, OR EMPLOYEE OF EITHER PARTY, MAKES ANY OTHER WARRANTY
OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE, AND NONINFRINGEMENT. NEITHER 715wildcatriders
NOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF
715wildcatriders MAKES ANY REPRESENTATION OR WARRANTY ABOUT ANY
CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH PRODUCT. - LIMITATION OF LIABILITY AND REMEDIES. In spite of any damages that You may or
may not incur for any reason, which may include, but are not limited to, any and all direct
or general damages, the entire liability of 715wildcatriders and/or any of the
aforementioned suppliers covered under the herein contained provisions of this EULA,along with Your exclusive remedy with regards to all of the foregoing, shall hereby be
limited to the amount actually paid by You for this Product. The aforementioned
limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by
law, even should any proposed remedy fail its essential purpose. - EXPORT CONTROLS. By installing the Product, You hereby agree that You will comply
with any and all applicable export laws, restrictions and all regulations of the U.S.
Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign
agency or authority with regards to this provision of the EULA. You expressly agree not to
export or re-export, nor allow the export or re-export of the offered content in violation of
any such law, restriction or regulation, including without limitation, export or re-export to
any country subject to any and all applicable U.S. trade embargoes or to any prohibited
destination, in any group specified in the current “Supplement No. 1 to Part 740 or the
Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the
U.S. Export Administration Regulations (or any successor supplement or regulations).” - U.S. GOVERNMENT END USERS. The offered content is licensed by the U.S.
Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the
U.S. Government, shall be subject to restrictions in accordance with DFARS 252.227-7013
of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the
Commercial Computer Software clause, as applicable. - MISCELLANEOUS
11.01 SUCCESSORS AND ASSIGNS. This EULA, in its entirety, shall be legally binding upon
and inure to the benefit of 715wildcatriders and You, our respective successors and
permitted assigns.
11.02 SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions shall not be
affected.
11.03 WAIVER. If there is any waiver of any breach or failure to enforce any of the provisions
contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any
other provision of this EULA.
11.04 AMENDMENTS. Any waiver, supplementation, modification or amendment to any provision
of this EULA, shall only be effective when done so in writing and signed off by
715wildcatriders and You.
11.05 GOVERNING LAW. This EULA shall be governed solely by the laws of the State of
Wisconsin and of the United States. Should any action arise out of or in relation to this
EULA, such action may be brought exclusively in the appropriate federal or state court in
Wausau, Wisconsin, and as such, You and 715wildcatriders irrevocably consent to the
jurisdiction of said court and venue for Wausau, Wisconsin.
11.06 ASSIGNMENTS. You may not assign or transfer any part of this Licensee without the
written consent of 715wildcatriders, except that, if a change of control occurs (including asale or merger), the Party experiencing the change of control may ensure this License
remains in full force and effect by providing written notice to the other Party within thirty
(30) days after the change of control.
11.07 VALID AND BINDING. This Agreement constitutes a valid and legally binding obligation
of the Parties, enforceable against the Parties in accordance with its terms, subject in all
respects to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization,
moratorium and other laws relating to or affecting creditors’ rights generally and general
equitable principles.
11.08 EFFECT OF TITLE AND HEADINGS. The title of the Agreement and the headings of
Sections, and Clauses are included for convenience and shall not affect the meaning of
the Agreement or the Section.
11.09 FORCE MAJEURE. Except for payment obligations, if either Party is prevented from
performing or is unable to perform any of its obligations under this License due to causes
beyond the reasonable control of the Party invoking this provision, including but not limited
to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes
or labor disputes (each, a “Force Majeure Event”), such Party’s performance shall be
excused and the time for performance shall be extended accordingly provided that the
