LIMITED USE SOFTWARE LICENSE AGREEMENT PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY USING THE 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 INSTALL OR USE THE SOFTWARE, DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER, AND PROMPTLY RETURN THIS PACKAGE AND ITS CONTENTS TO THE PLACE OF PURCHASE. This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Ratloop, Inc. ("Ratloop"). All software, artwork, music, and other components included in this computer program (the "Software") are the copyrighted property of Ratloop. Ratloop has licensed this Software to Head Games Publishing, Inc., and Head Games has then in turn licensed (not sold) the Software to you. Ratloop retains all copyright, trade secret, patent and other proprietary rights to the Software. No portion of your license may violate the provisions of the original licensing agreement between Ratloop and Head Games. The trademarks for "Gearhead Garage", "Mekada", and the Mekada logo and owned exclusively by Ratloop. The name and logo for "Head Games" are trademarks of Head Games Publishing, Inc. The name and logo for "Snap-on Tools" is a registered trademark of Snap-on Incorporated. The trade dress rights to the vehicles likenesses used in this game are owned by their manufacturers and are used with permission. TERMS 1. You may use the Software on a single computer. You may not copy the software except for the purposes of making one (1) backup copy. You may not distribute, lease, rent, sublicense, or in any way commercially exploit any portion of the Software. You may not modify or prepare derivative works of the Software. You may not transmit the Software over a network, by telephone, or by any electronic means. You may not reverse engineer, decompile or disassemble the Software. 2. You may transfer your license to another person, but only if the recipient agrees to accept the terms and conditions of this Agreement. If you transfer the Software, you must transfer all components and documentation and erase any copies residing on computer equipment. Your license is automatically terminated if you transfer the Software. 3. You expressly acknowledge and agree that use of the Software is AT YOUR SOLE RISK. The Software and any related documentation or materials are provided "AS IS" and without warranty of any kind. RATLOOP DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. RATLOOP DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY RATLOOP AND SHOULD NOT BE RELIED UPON. 4. RATLOOP SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF RATLOOP OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 5. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
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