Terms & Conditions - INDYCAR Mobile App

IMPORTANT NOTICE AND TERMS

Download of this App and use of the Service will be billed on a per megabyte basis unless you subscribe to a plan that includes unlimited sending and receiving of data. These megabyte charges do not apply when using the Service over a Wi-Fi connection.

Taxes and surcharges may apply. Verizon Wireless may periodically check your location to enforce live video streaming block out as needed. Please also note that streaming live video may not be available at track or in the immediate vicinity of race venues. You agree to all terms in the following license agreement.

LICENSE AGREEMENT

Please read the terms and conditions in this License Agreement ("Agreement") before downloading, installing or using this application ("App") to your wireless device. To the extent you download, install and or use this App, you agree to be bound by these terms.

Agreement. This Agreement is between you and Verizon Wireless.

Limited License. Verizon Wireless grants to you a worldwide, non-exclusive, limited license or equivalent right to download, install and/or use the object code version of the App on your wireless device. All rights not expressly granted in this Agreement are reserved by the Verizon Wireless and/or its licensors.

Other Software. Notwithstanding any other provision of this Agreement, this Agreement shall not be deemed to apply to any software that is licensed to you by third parties and that is included on your wireless device ("Other Software"). Any such Other Software is subject to the terms and conditions of the license agreement, if any, between you and the developer or licensor of the Other Software.

Restrictions. No license is granted to you by this Agreement in the human readable code, known as the source code, of the App, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the App. In addition, no license is granted to you by this Agreement to decompile, reverse engineer, disassemble or modify the App. Further, no license is granted to you by this Agreement to (i) remove, efface or obscure any copyright or other proprietary notices from the App or (ii) exploit, copy, reproduce, sublicense, transfer or assign the App.

Ownership. You agree that Verizon Wireless and/or its licensors retain all right, title and interest in and to the App and all copies of the App, including all copyrights in the App.

Other Agreements; Charges for the App. Your use of the App is subject to your Customer Agreement with Verizon Wireless. You agree to all one time and recurring charges, including taxes and surcharges, that apply to the App and its content, which will be applied to your Verizon Wireless bill or your prepay account balance. Download of the App and use of the Verizon Wireless service will be billed based on your price plan and usage.

Consent to Use of Data. To facilitate product support and other services to you, you agree that Verizon Wireless and/or its third party service providers may collect, use, store, and transmit non-personally identifiable technical and related information that identifies your mobile device, operating system, App software and peripheral hardware. In addition, Verizon Wireless and/or its third party service providers may collect and store non-personally identifiable App usage statistics. Verizon Wireless and/or its third party service providers may use this information in the aggregate, in a form which does not personally identify you, to improve its products and services and may share anonymous aggregate data with Verizon Wireless.

Terms and Termination. This Agreement will become effective with respect to the App on the date you first download, install and/or use such App, and it will remain in effect until terminated. You may terminate this Agreement at any time by removing this App from your wireless device. This Agreement also will terminate immediately, without notice, if you fail to comply with this Agreement. Upon such termination, you agree to immediately remove this App from your wireless device.

Disclaimer of Warranty. THIS APP IS LICENSED TO YOU "AS IS." VERIZON WIRELESS AND/OR ITS THIRD PARTY SERVICE PROVIDERS DISCLAIMS ANY AND ALL WARRANTIES REGARDING THIS APP, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VERIZON WIRELESS AND/OR ITS THIRD PARTY SERVICE PROVIDERS ALSO DISCLAIMS ALL WARRANTIES WITH REGARD TO WHETHER THE APP WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON AN UNINTERRUPTED OR ERROR FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.

Limitation of Liability. IN NO EVENT WILL VERIZON WIRELESS AND/OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE OR STATUTORY DAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF THIS APP, INCLUDING, BUT NOT LIMITED TO, LOST DATA, REVENUES, BUSINESS OR PROFITS, EVEN IF VERIZON WIRELESS AND/OR ITS THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VERIZON WIRELESS' AND/OR ITS THIRD PARTY SERVICE PROVIDERS LIABILITY FOR ANY CLAIM REGARDING THIS APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES PAID BY YOU, IF ANY, FOR THE APP. VERIZON'S AND/OR ITS THIRD PARTY SERVICE PROVIDERS CHANNEL PARTNERS AND THEIR ASSOCIATED SERVICE PROVIDERS ARE EXCLUDED FROM ANY LIABILITY WHATSOEVER INCLUDING THE SALE, DISTRIUBTION USE, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY OR MAY BE LIMITED.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Export. This App is subject to the export control laws, rules and regulations of the United States and other jurisdictions. You agree to comply with all such laws, rules and regulations.

Government. This App is commercial in nature and developed solely at private expense. The App is provided as "Commercial Computer Software" as defined in DFARS 252.227-7014 or as a commercial item as defined in FAR 2.101(a). The App, therefore, is provided with only such rights as are provided in this Agreement.

Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement will be settled by independent arbitration administered by the American Arbitration Association under the Wireless Industry Arbitration rules as modified by this Agreement. The arbitration shall occur before a single, neutral arbitrator and, in rendering a decision, the arbitrator shall apply the substantive law of the State of New York. The decision of the arbitrator shall be enforceable in the Federal District Court for the district where the arbitration is held.

Safety. Please do not endanger yourself and others by using the App while driving or engaging in any other activity that requires your full attention.

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