PLEASE READ THESE LICENCE TERMS CAREFULLY
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Koepke Innotek Limited trading as “Motoklik”, a Limited Company registered in Ireland under number registration number 628975, whose registered address is High Street, Graiguenamanagh Kilkenny (Licensor, us or we) for:
- Motoklik TW1.0 computer software, the data supplied with the software, and the associated media (Software); and
- printed materials and online OR electronic documentation (Documentation).
We license use of the Software and Documentation to you on the basis of this Licence. We do not sell the Software or Documentation to you. We remain the owners of the Software and Documentation at all times.
OPERATING SYSTEM REQUIREMENTS: THIS SOFTWARE REQUIRES EITHER OF THE FOLLOWING
ANDROID DEVICE WITH A MINIMUM OF 200MB’S OF MEMORY AVAILABLE AND THE ANDROID 6.0 (SDK 23) OPERATING SYSTEM
IOS DEVICE WITH A MINIMUM OF 200MB’S OF MEMORY AVAILABLE AND THE IOS 13 OPERATING SYSTEM.
- GRANT AND SCOPE OF LICENCE, MINOR CHANGES, UPDATES
- In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation in the country of delivery on the terms of this Licence until terminated in accordance with this Licence.
- You may:
- install and use the Software for your personal purposes only:
- on one central processing unit (CPU) if the Licence is a single-user licence or the Software is for single use; or
- if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us.
- provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another;
- provided you comply with the provisions in condition 2, make up to one copy of the Software for back-up purposes;
- receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by the Licensor from time to time (but see condition 3 and condition 1.4.);
- use any Documentation in support of the use permitted under condition 2 and make up to one copy of the Documentation.
- install and use the Software for your personal purposes only:
- We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you before you bought it.
- The Software may be upgraded to reflect changes in the Operating System.
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- not to copy the Software or Documentation, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
- to include our copyright notice on all entire and partial copies of the Software in any form;
- not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
- not to use the Software via any communications network or by means of remote access;
- to comply with all applicable technology control or export laws and regulations.
- Intellectual property rights
- You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software or the Documentation other than the right to use the Software and the Documentation in accordance with the terms of this Licence.
- You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.
- We warrant that:
- the Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation;
- the Documentation correctly describes the operation of the Software in all material respects for a period of 90 days from the date of installation of the Software (Warranty Period).
- If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, we will, at our sole option, either repair or replace the Software, provided that you give us proof of purchase and make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
- The warranty does not apply:
- if the defect or fault in the Software results from you having altered or modified the Software; and
- if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence.
- This warranty is in addition to your legal rights in relation to Software that is faulty or not as described.
- We warrant that:
- Acknowledgements and warranty limitations
- You acknowledge that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Licence, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
- You acknowledge that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Licence, the Licensor gives no warranty or representation that the Software will be entirely secure.
- YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO MOTORSPORTS CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES.
- YOU EXPRESSLY AGREE THAT LICENSOR DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILISES THE SERVICES.
- You understand and agree that the Software is not fault-tolerant and is not designed or intended for use in any high-risk, hazardous environment or hazardous activity including without limitation, the operation of nuclear facilities, aircraft navigation, air traffic control, life support machines, weapons systems, or any other application where the failure or malfunction of any product can reasonably be expected to result in death, personal injury, severe property damage or severe environmental harm (a “High Risk Activity”). Accordingly, (i) any use of the Software by you in a High Risk Activity is at your own risk, (ii) Licensor, its affiliates and suppliers shall not be liable to you in any way for use of the Software in a High Risk Activity, and (iii) Licensor makes no warranties or assurances, express or implied, regarding use of the Software in a High Risk Activity.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
- We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
- Upon termination for any reason:
- all rights granted to you under this Licence shall cease;
- you must cease all activities authorised by this Licence; and
- you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
- Communications between us
- If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email or by pre-paid post to Koepke Innotek Limited trading as “Motoklik”, a Limited Company registered in Ireland under number registration number 628975, whose registered address is High Street, Graiguenamanagh Kilkenny or by email to [email protected] We will confirm receipt of this by contacting you in writing, normally by email.
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
- How we may use your personal information
- Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://motoklik.com/privacy-policy/and it is important that you read that information.
- Other important terms
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
- This Licence is for the benefit of the parties and is not intended to benefit or be enforceable by any third party.
- Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.