End User License Agreement

This End User License Agreement (the “EULA”) is made as of the date that you install this No Hesi Launcher software (the “Effective Date”), between No Hesi LLC, a Wyoming limited liability company (“No Hesi”), and the person or entity installing or using the software (“You” or “Your”).

Background

• No Hesi operates a platform for accessing and managing custom cars and maps for racing simulation (the “Platform”).
• The No Hesi Launcher software (the “Software”) is a desktop application that installs, updates, launches, and manages content, tools, and game files for the Platform, including third-party tools and assets, and enables You to connect to and access the Platform’s servers and online gameplay.
• Your use of the Platform and its content is governed by No Hesi’s Terms of Use, available at https://nohesi.gg/terms-of-use. This EULA governs your use of the Software itself. The No Hesi Privacy Policy, available at https://nohesi.gg/privacy-policy, applies to your use of the Software.

1. License Grant. No Hesi grants You a limited, non-exclusive, non-transferable, revocable license to install and use the Software on devices You own or control, solely for accessing and managing content on the No Hesi Platform.

2. Software Functions. The Software performs the following functions:

2.1. Installs cars, maps, and other content that may include third-party trademarks, copyrighted materials, and other intellectual property;

2.2. Installs third-party tools necessary to access No Hesi’s servers, including the Content Manager and Custom Shaders patch;

2.3. Scans files on Your system to verify content is current and compatible with the Platform;

2.4. Updates and manages installed content automatically or at Your direction;

2.5. Modifies, configures, and updates files within Your existing game installation to enable compatibility with and access to the Platform;

2.6. Launches the game and connects You to No Hesi’s servers and online gameplay; and

2.7. Collects technical, performance, and error diagnostic information about Your system, the Software, and the game while they run, as described in the No Hesi Privacy Policy.

By installing the Software, You authorize these functions, including the modification of files within Your existing game installation, and acknowledge that the Software requires read and write access to Your file system and game files to operate properly. You are responsible for maintaining Your own backups of Your game files and data.

3. Third-Party Content and Tools. The Software installs and manages third-party content and tools that are not owned or controlled by No Hesi. No Hesi does not own the intellectual property rights in this third-party content. Your use of third-party content is subject to:

3.1. The license terms and conditions provided by the third-party rights holders;

3.2. Any applicable laws governing intellectual property, including copyright, trademark, and right of publicity laws; and

3.3. The No Hesi Terms of Use regarding content usage and community guidelines.

No Hesi makes no representations or warranties regarding the ownership, licensing, or legal status of third-party content. You are responsible for ensuring Your use of third-party content complies with all applicable rights and restrictions. You represent that You own or have validly licensed any underlying game or software that the Software launches, modifies, or interacts with, and that Your use of the Software with that game complies with the game’s own license terms. No Hesi is not responsible for any third-party account suspension, ban, or restriction resulting from Your use of the Software.

4. File Access and Modification. The Software scans and modifies files on Your system to verify compatibility of installed content and ensure that such content is current. This scanning:

4.1. Accesses, scans, and modifies files related to the No Hesi Platform, associated content, and Your game installation, and reads system error and crash records relating to the game;

4.2. Does not transmit personal information to No Hesi beyond what is necessary for Platform operation (in accordance with the No Hesi Privacy Policy, as such may be updated from time to time); and

4.3. Is conducted solely to ensure proper functionality and compatibility and to diagnose errors and measure performance, as described in the No Hesi Privacy Policy.

By using the Software, You consent to this file access and modification. If You do not consent, do not install or use the Software.

5. Restrictions. You agree not to:

5.1. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;

5.2. Modify, adapt, translate, or create derivative works based on the Software;

5.3. Remove, alter, or obscure any proprietary notices on the Software;

5.4. Use the Software to violate any applicable laws or regulations;

5.5. Distribute, sublicense, rent, lease, or lend the Software to any third party; or

5.6. Use the Software in any manner that could damage, disable, overburden, or impair No Hesi’s servers or networks.

6. Intellectual Property Rights. No Hesi retains all rights, title, and interest in and to the Software, including all intellectual property rights. This EULA does not grant You any rights to No Hesi’s trademarks, service marks, or branding.

Third-party content installed through the Software remains the property of the respective rights holders. No Hesi does not claim ownership of third-party content and makes no representations regarding Your rights to use such content.

7. Open-Source Components. No Hesi will identify all open-source components included in or distributed with the Software by name, version, and applicable license, and will provide a current copy of each applicable license and all required copyright notices and attributions with the Software or upon request. Each open-source component is provided under its applicable open-source license, which governs Your use of that component except to the extent this EULA expressly provides otherwise.

8. Updates and Modifications. No Hesi may update, modify, or discontinue the Software at any time without notice. Updates may be installed automatically. You agree that No Hesi has no obligation to provide updates or continue supporting any version of the Software.

9. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO HESI, its affiliates, and their respective officers, directors, employees, and agents, DISCLAIM ALL WARRANTIES, INCLUDING:

9.1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

9.2. WARRANTIES THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

9.3. WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT INSTALLED BY THE SOFTWARE;

9.4. WARRANTIES REGARDING THIRD-PARTY TOOLS OR CONTENT, INCLUDING THEIR FUNCTIONALITY, COMPATIBILITY, OR LEGAL STATUS; AND

9.5. WARRANTIES THAT THE SOFTWARE WILL NOT ALTER, DAMAGE, OR CORRUPT YOUR GAME FILES, SAVED DATA, OR SYSTEM.

NO HESI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE COMPATIBLE WITH YOUR SYSTEM.

10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO HESI, its affiliates, and their respective officers, directors, employees, and agents WILL NOT BE LIABLE FOR:

10.1. ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

10.2. LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;

10.3. DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE;

10.4. DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SYSTEMS OR DATA;

10.5. DAMAGES RESULTING FROM THIRD-PARTY CONTENT, TOOLS, OR SOFTWARE;

10.6. DAMAGES RESULTING FROM ANY INTELLECTUAL PROPERTY CLAIMS RELATED TO THIRD-PARTY CONTENT; OR

10.7. DAMAGES RESULTING FROM MODIFICATIONS THE SOFTWARE MAKES TO YOUR GAME FILES, SAVED DATA, OR SYSTEM, INCLUDING CORRUPTION OR LOSS, OR FROM ANY THIRD-PARTY ACCOUNT ACTION, INCLUDING SUSPENSION OR BAN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO HESI’S TOTAL AGGREGATE LIABILITY FOR ALL MONETARY DAMAGES OR RELIEF OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, AND ANY OTHER DAMAGES) ARISING OUT OF OR RELATING TO THIS EULA OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF US$100 OR THE FEES YOU PAID FOR THE SOFTWARE OR PLATFORM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION APPLIES EVEN IF NO HESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification. You agree to defend, indemnify, and hold harmless No Hesi, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use or misuse of the Software, your violation of this EULA, your violation of any third-party rights, including intellectual property rights, or any content You upload, access, or distribute through the Software.

12. Term and Termination. This EULA is effective until terminated. Your rights under this EULA will terminate automatically if You fail to comply with any term. No Hesi may terminate this EULA at any time for any reason. Upon termination, You must immediately cease using the Software and delete all copies from Your systems. Sections 3, 5, 6, 7, and 9 to 17 survive termination of this EULA.

13. Relationship to Terms of Use. This EULA governs Your use of the Software. Your use of the No Hesi Platform, including all content accessed through the Software, is governed by No Hesi’s Terms of Use. If there is a conflict between this EULA and the Terms of Use regarding the Software itself, this EULA controls. For all other matters, the Terms of Use control. The arbitration agreement and the class action waiver in the Terms of Use apply to disputes arising out of or relating to this EULA and are not displaced by this Section.

14. Export Controls. The Software may be subject to export controls under United States law. You agree to comply with all applicable export and re-export restrictions and regulations.

15. Dispute Resolution; Arbitration. Any dispute or claim arising out of or relating to this EULA or the Software is subject to the binding arbitration agreement and the class action waiver in the Terms of Use, which are incorporated into this EULA by reference and apply as if set out in this EULA in full. This Section controls over any inconsistent provision of this EULA, including the Section titled Relationship to Terms of Use.

16. Governing Law. This EULA is governed by the laws of Wyoming. Subject to the Section titled Dispute Resolution; Arbitration above, any dispute that the arbitration agreement in the Terms of Use does not cover, including a claim brought in small claims court and a request for injunctive relief to protect intellectual property, will be resolved in the state or federal courts located in Wyoming, and You consent to the exclusive jurisdiction of those courts.

17. General Provisions.

17.1. Entire Agreement. This EULA, together with the No Hesi Terms of Use, constitutes the entire agreement between You and No Hesi regarding the Software and supersedes all prior agreements and understandings.

17.2. Amendments. No Hesi may modify this EULA at any time by posting the revised EULA on its website or within the Software. Your continued use of the Software after changes are posted constitutes Your acceptance of the revised EULA.

17.3. Severability. If any provision of this EULA is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.4. Waiver. No Hesi’s failure to enforce any provision of this EULA does not constitute a waiver of that provision or any other provision.

17.5. Assignment. You may not assign or transfer this EULA or any rights under it without No Hesi’s prior written consent. No Hesi may assign this EULA without restriction.

17.6. Contact Information. If You have questions about this EULA, contact No Hesi at [email protected].

BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.