SOFTWARE AND PRODUCT LICENSE AGREEMENT
Read the terms and conditions of this Agreement carefully before downloading, installing, copying, saving on your computer, otherwise using this Software, opening the package containing the program media, using the Cable, or using the accompanying user documentation.

The “Software” refers to the computer code supplied as part of the purchase of the IM AutoProbe, computer code including or identified by the IM AutoProbe logo and/or name, computer code placed on media identified by the IM AutoProbe logo and/or name, computer code downloaded from the IM TECHNOLOGY website or otherwise obtained directly or indirectly from IM TECHNOLOGY.

The "Cable” refers to the interconnection cable supplied as part of the purchase or procurement of the IM AutoProbe or related products which may or may not be identified thereon with a label showing the IM AutoProbe logo and/or name.

The “User Documentation” refers to any printed or online material supplied as part of the purchase, or otherwise associated with the IM AutoProbe, identified with the IM AutoProbe logo and/or name, and any product operating documentation supplied through compact disk form or through download from the IM Technology website or otherwise.

The Software, including updates to the Software, the Cable, and the User Documentation, separately and collectively are referred to as THE “PRODUCT”.

The Software is copyrighted and licensed (not sold). By downloading, installing, copying, saving on your computer, otherwise using this Software, or opening the package containing the program media, you are accepting and agreeing to the terms of this agreement. If you are not willing to be bound by the terms of this agreement, you should promptly return the Product, and you will receive a refund of your money. This agreement represents the entire agreement concerning the Software between you and IOWA MOTORSPORTS, INC. dba IM TECHNOLOGY, INC. (Referred to as IM TECHNOLOGY”), and it supersedes any prior proposal, representation, or understanding between the parties.

1. Software License Grant.
IM TECHNOLOGY hereby grants to you, and you accept, a nonexclusive license to use the SOFTWARE and the accompanying User Documentation , only as authorized in this Agreement. Your use is limited to one copy of the Software stored on a single computer, which copy can be used by only one user.
You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this Agreement except that you may permanently transfer all of your rights under this Agreement, provided that you retain no copies, you transfer all of the Software (including all related media and printed materials and any upgrades), and the transferee agrees to the terms of this Agreement. You agree that you shall not reverse assemble, reverse compile, or otherwise reverse engineer the Software or the Cable.

2. Licensor’s Rights.
You acknowledge that the Software, the Cable and the User’s Manual are proprietary products of IM TECHNOLOGY, protected under U.S. copyright law and/or other law. You further acknowledge and agree that all right, title, interest in and to the Software, including associated intellectual property rights, are and shall remain with IM TECHNOLOGY. This Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this Agreement.

3. Term.
This Agreement is effective upon your downloading, installing, copying, saving on your computer this Software, otherwise using this Software, opening the package containing the program media, using the Cable, or using the accompanying User Documentation and shall continue until terminated. You may terminate this Agreement at any time by returning the Software and all copies thereof and extracts therefrom and the Cable to IM TECHNOLOGY. IM TECHNOLOGY may terminate this Agreement upon breach by you of any term hereof. Upon such termination by IM TECHNOLOGY, you agree to return to IM TECHNOLOGY the Software and all copies and portions thereof.

4. Limited Warranty.
IM TECHNOLOGY warrants, for your benefit alone, for a period of 90 days from the date of commencement of this Agreement (referred to as the “Warranty Period” that the Software media in which the Software is contained and the Cable are free from defects in material and workmanship. If during the Warranty Period, a defect in the Software media or the Cable appears, you may return the Product to IM TECHNOLOGY for either replacement, or, if so elected by IM TECHNOLOGY, refund of amounts paid by you under this License Agreement.
You agree that the foregoing constitutes your sole and exclusive remedy for breach IM TECHNOLOGY of any warranties made under this Agreement.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PRODUCT IS LICENSED “AS IS” AND IM TECHNOLOGY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, INSTALLATION, USE, EFFICIENCY, AND SUITABILITY OF THE PRODUCT AND IM TECHNOLOGY SHALL HAVE NO LIABILITY THEREFOR.

5. Limitation of Liability.
IN NO EVENT SHALL IM TECHNOLOGY BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, AUTOMOTIVE MALFUNCTION AND RESULTS OF AUTOMOTIVE MALFUNCTION.

IN NO EVENT SHALL IM TECHNOLOGY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE PERFORMANCE OR BREACH THEREOF, EVEN IM TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF IM TECHNOLOGY’S LIABILITY FOR NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE HEREUNDER TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL OF THE LICENSE FEES PAID TO IM TECHNOLOGY BY YOU.

6. Governing Law.
This Agreement shall be construed and governed in accordance with the State of Iowa.

7. Severability.
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

8. No Waiver.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.