RACE STINT END USER LICENCE AGREEMENT
This End User Licence Agreement ("Agreement" or "Licence") is a legal agreement between you ("you" or "Licensee") and Code State Ltd, a company registered in England and Wales with company number 12856318 ("Code State", "we", "us" or "Licensor"), for the Race Stint Windows Agent software, together with any updates, releases or developments provided to you by us, and any associated electronic documentation (collectively, the "Software").
The Software forms part of the Race Stint service: a telemetry-driven endurance race strategy platform for sim racing supporting Le Mans Ultimate and iRacing, accessed via the Race Stint web and mobile dashboard at racestint.app (the "Service"). References in this Agreement to a "Supported Sim" mean Le Mans Ultimate, iRacing, or any other sim racing platform Race Stint adds support for in the future.
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "I ACCEPT", INSTALLING, OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
We license the Software to you. We do not sell it. We remain the owners of the Software at all times.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-exclusive, non-transferable, revocable licence to install and use one copy of the Software on a computer owned or controlled by you, solely for your personal use in connection with the Service.
1.2 The Software is provided to you in object code form only. You receive no rights to the source code.
1.3 The Service may be offered on free and paid tiers. Your use of the Service through the Software is additionally subject to our Terms of Service and Privacy Notice, available at racestint.app.
1.4 We may issue updates, patches, hot-fixes and new versions of the Software from time to time. The Software includes an automatic update mechanism, and you consent to the Software downloading and installing updates without further notice. Continued use of the Software after an update constitutes acceptance of any revised version of this Agreement provided with that update.
2. RESTRICTIONS
2.1 Except as expressly permitted by this Agreement or by law, you must not:
2.1.1 copy the Software, except where copying is incidental to normal use;
2.1.2 rent, lease, sub-licence, loan, sell, redistribute, translate, merge, adapt, vary, alter or modify the Software in whole or in part;
2.1.3 disassemble, decompile, reverse engineer, or create derivative works based on the Software, except to the extent that such activity is expressly permitted by applicable law;
2.1.4 remove, disable or circumvent any copy protection, licensing mechanism, or proprietary notices contained in the Software;
2.1.5 use the Software to develop, test, distribute, or operate any product or service that competes with the Service;
2.1.6 use the Software in any way that breaches the end user licence agreement, terms of service, sporting code, or anti-cheat policies of Le Mans Ultimate, iRacing, or any other Supported Sim or platform with which the Software interacts;
2.1.7 use the Software to gain an unfair competitive advantage in any officially sanctioned competition, ranked online race, league, or esports event whose rules prohibit external strategy or telemetry tools; or
2.1.8 use the Software for any unlawful purpose, or in breach of any applicable export control or sanctions laws.
3. RACE STINT ACCOUNT AND THE SERVICE
3.1 To use the Software you must have a valid Race Stint account. The Software transmits telemetry, session, and stint data to the Service, and your use of the Service is governed by the Race Stint Terms of Service and Privacy Notice available at racestint.app.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3.3 We may suspend or terminate access to your account, the Service, or the Software if you breach this Agreement, the Terms of Service, or the Privacy Notice.
4. THIRD-PARTY SOFTWARE AND GAMES
4.1 What the Software does and does not do
4.1.1 The Software is a passive telemetry reader and uploader. It reads telemetry data published by a Supported Sim through that sim's own published or generally-available telemetry interface, and transmits that data to the Service for analysis. The Software runs as a separate Windows application alongside the Supported Sim.
4.1.2 The Software does not:
(a) modify, decompile, reverse engineer, hook into, inject code into, patch, or otherwise interfere with the executable, game files, network traffic, or memory of any Supported Sim;
(b) provide any in-sim assistance, automation, driving aid, or modification of the sim experience;
(c) constitute a "cheat", "bot", "mod", "hack", "trainer", "addon", or "AI" within the meaning of any Supported Sim's end user licence agreement or anti-cheat policy; or
(d) circumvent or attempt to circumvent any anti-cheat, anti-tamper, or licensing technology of any Supported Sim.
4.1.3 You are responsible for ensuring that your use of the Software is permitted under the rules of any league, series, championship, event, or session in which you participate. Some leagues or sanctioned events may prohibit external telemetry, strategy, or coaching tools. Where they do, you must not use the Software during those events.
4.2 Le Mans Ultimate
4.2.1 Race Stint is an independent third-party application. It is not developed, published, endorsed, sponsored by, or affiliated with Studio 397 BV, Motorsport Games Inc., the Automobile Club de l'Ouest (ACO), the Fédération Internationale de l'Automobile (FIA), the FIA World Endurance Championship, the European Le Mans Series, or the 24 Hours of Le Mans.
4.2.2 "Le Mans Ultimate", "LMU", "24 Hours of Le Mans", "FIA World Endurance Championship", "WEC", "European Le Mans Series", "ELMS", and any related logos, marks, vehicle names, manufacturer names, circuit names, and team names referenced within the Software or Service are the trade marks or registered trade marks of their respective owners, including without limitation Studio 397 BV, Motorsport Games Inc., the ACO, and the FIA. References to these marks within Race Stint are made solely for the purpose of identifying the game and content with which Race Stint interoperates ("nominative fair use") and do not imply any affiliation, endorsement or sponsorship.
4.2.3 You acknowledge that your use of Le Mans Ultimate is governed by the separate end user licence agreement between you and Studio 397 BV, and you are solely responsible for complying with that agreement. The vehicle, circuit, manufacturer, sponsor, and championship intellectual property visible within Le Mans Ultimate is licensed to Studio 397 BV and its licensors, not to us.
4.2.4 The Software reads telemetry data from a shared memory map populated by the open-source community plugin rFactor2SharedMemoryMapPlugin64 (the "LMU Shared Memory Plugin"). The LMU Shared Memory Plugin is not part of the Software, is not distributed by Code State, and is licensed separately under its own open-source licence. You are responsible for installing and maintaining the LMU Shared Memory Plugin in accordance with its own licence and documentation.
4.3 iRacing
4.3.1 Race Stint is an independent third-party application. It is not developed, published, endorsed, sponsored by, or affiliated with iRacing.com Motorsport Simulations, LLC or any of its affiliates (including without limitation iRacing MN Holding, LLC (DBA Monster Games) and iRacing ARG Holding, LLC (DBA Orontes Games)) (collectively, "iRacing"), nor with any of iRacing's licensors, broadcast partners, or series sanctioning bodies.
4.3.2 "iRacing", "iRacing.com", the iRacing logo, and any series, sanctioning body, manufacturer, team, sponsor, vehicle, and circuit names, logos, and trade marks visible within iRacing or referenced within the Software or Service — including without limitation NASCAR, IndyCar, IMSA, WeatherTech SportsCar Championship, 24 Hours of Le Mans, 24 Hours of Daytona, Porsche, BMW, Audi, Ferrari, Toyota, Cadillac, and all other licensed marks — are the trade marks or registered trade marks of their respective owners. References to these marks within Race Stint are made solely for the purpose of identifying the sim and content with which Race Stint interoperates ("nominative fair use") and do not imply any affiliation, endorsement or sponsorship.
4.3.3 You acknowledge that your use of iRacing is governed by the separate iRacing Terms of Use and End User License Agreement, iRacing Privacy Policy, and iRacing Official Sporting Code between you and iRacing, and you are solely responsible for complying with those documents. The vehicle, circuit, manufacturer, sponsor, series, and championship intellectual property visible within iRacing is licensed to iRacing and its licensors, not to us.
4.3.4 The Software accesses iRacing telemetry exclusively through the iRacing SDK ("IRSDK") — the live-telemetry memory-mapped file (Local\IRSDKMemMapFileName) published by iRacing for use by third-party applications. The Software may use a third-party open-source library to read the IRSDK memory-mapped file; any such library is licensed separately under its own open-source licence and is not distributed as part of the Software except where its licence permits redistribution. The Software does not access iRacing's servers, the iRacing /data REST API, or any other proprietary iRacing interface, and does not transmit, intercept, or relay any iRacing network communication.
4.3.5 iRacing's anti-cheat system may detect that the Software is running concurrently with iRacing. The Software is a legitimate, passive telemetry reader and does not modify the iRacing experience. However, you acknowledge that:
(a) iRacing has sole discretion under its EULA to determine which third-party applications it permits, and may at any time change its position; and
(b) you are solely responsible for any consequences arising from your use of the Software with iRacing, including without limitation any disciplinary action, suspension, or termination of your iRacing account by iRacing.
4.4 Other third-party components
The Software incorporates open-source and third-party components. A list of these components and their respective licences is available within the Software's "About" or "Licences" section. Each such component is licensed under its own terms.
5. DATA, TELEMETRY AND PRIVACY
5.1 The Software collects and transmits to the Service the telemetry, session, stint, and diagnostic data necessary to provide race strategy, post-race debriefs, and live race chat features. Full details of what data is collected, how it is used, the legal bases for processing, your rights under the UK GDPR, and how to exercise them are set out in our Privacy Notice at racestint.app/privacy.
5.2 By using the Software you acknowledge that you have read the Privacy Notice.
5.3 The Software may also collect diagnostic and crash-report data to help us identify and fix bugs. You may control this in the Software's settings, except where collection is strictly necessary for the Service to function.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights in the Software, the Service, and all associated documentation, branding, trade marks, logos, designs, and content created by Code State (including without limitation the "Race Stint" name and logo, the carbon / racing-green / velocity-red colour palette, and the left-side tyre asymmetry brand mark) are owned by or licensed to us.
6.2 Other than the limited licence granted in Section 1, you receive no rights in or to the Software, the Service, or our intellectual property.
6.3 All trade marks of third parties referred to in the Software remain the property of their respective owners. See Section 4.1.2.
7. BETA SOFTWARE NOTICE
7.1 If your version of the Software is designated as "Beta", "Pre-release", "Early Access", "Founding Members", or similar:
7.1.1 the Software is provided for evaluation and testing purposes and may contain bugs, errors, incomplete features, and inaccurate strategy outputs;
7.1.2 strategy recommendations, fuel calculations, tyre crossover predictions, and other outputs may be incorrect or unreliable, and must not be relied upon as the sole basis for any race decision;
7.1.3 you agree to provide reasonable feedback when requested, and you grant us a perpetual, royalty-free licence to use that feedback to improve the Software and Service; and
7.1.4 we may modify, suspend, or discontinue the beta programme, including the features available to beta users, at any time and without notice.
8. DISCLAIMER OF WARRANTIES
8.1 Except as expressly stated in this Agreement, the Software is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind.
8.2 To the fullest extent permitted by law, we exclude all warranties, conditions and other terms (whether express or implied by statute, common law or otherwise), including without limitation any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, completeness, or that the Software will be uninterrupted or error-free.
8.3 You acknowledge that the Software has not been developed to meet your individual requirements, and it is your responsibility to ensure that its functions meet your needs.
8.4 Race strategy outputs are predictions, not guarantees. Strategy is generated from limited telemetry samples and statistical models and may be wrong. You are solely responsible for all race decisions you make.
9. LIMITATION OF LIABILITY
9.1 Nothing in this Agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited.
9.2 Subject to clause 9.1, and to the fullest extent permitted by law:
9.2.1 we will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages, or for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of data, loss of race results, loss of championship points, or wasted entry fees, in each case howsoever arising, even if foreseeable; and
9.2.2 our total aggregate liability to you arising out of or in connection with this Agreement, the Software, and the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of (a) the total amount paid by you to us under your Race Stint subscription in the twelve (12) months preceding the event giving rise to the claim, and (b) one hundred pounds sterling (£100).
9.3 The Software is for personal, non-commercial use. We will have no liability for any commercial losses you may suffer.
10. INDEMNITY
10.1 You agree to indemnify us against all claims, liabilities, damages, losses, and reasonable costs (including legal fees) arising from:
10.1.1 your breach of this Agreement;
10.1.2 your breach of any third-party agreement, including the end user licence agreement, terms of use, or sporting code of any Supported Sim (including without limitation the Le Mans Ultimate EULA and the iRacing Terms of Use and EULA); or
10.1.3 your breach of any law or any third party's rights, in connection with your use of the Software.
11. TERMINATION
11.1 This Agreement is effective until terminated.
11.2 We may terminate this Agreement immediately by written notice (including by email) if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days of the notice.
11.3 You may terminate this Agreement at any time by uninstalling the Software and ceasing all use of it.
11.4 On termination for any reason:
11.4.1 all rights granted to you under this Agreement cease;
11.4.2 you must immediately uninstall the Software from all devices in your possession or control; and
11.4.3 the provisions which by their nature should survive termination, including without limitation Sections 4, 6, 8, 9, 10, and 13, will survive.
12. UPDATES TO THIS AGREEMENT
12.1 We may update this Agreement from time to time. Where changes are material, we will notify you via the Software, the Service, or by email. Your continued use of the Software after the effective date of the updated Agreement constitutes acceptance of the changes.
13. GENERAL
13.1 Entire agreement. This Agreement, together with the Race Stint Terms of Service and Privacy Notice, is the entire agreement between you and us in relation to the Software.
13.2 Assignment. You may not assign or transfer this Agreement. We may assign or transfer this Agreement freely.
13.3 Severability. If any provision is found to be unenforceable, the rest of the Agreement remains in force.
13.4 No waiver. Failure or delay by us in enforcing any right is not a waiver of that right.
13.5 No third-party rights. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
13.6 Force majeure. We will not be liable for any failure to perform our obligations due to causes beyond our reasonable control.
13.7 Governing law and jurisdiction. This Agreement and any dispute arising out of or in connection with it (including non-contractual disputes) is governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that if you are a consumer resident in another part of the United Kingdom, you may bring proceedings in your local courts.
13.8 Consumer rights. Nothing in this Agreement affects your statutory rights as a consumer that cannot be excluded or limited by law.
14. CONTACT
Code State Ltd Registered in England and Wales, Company No. 12856318 Registered office: 128 City Road, London, EC1V 2NX
Email: [email protected] Website: https://racestint.app
Le Mans Ultimate, iRacing, the FIA World Endurance Championship, the 24 Hours of Le Mans, NASCAR, IndyCar, IMSA, and all other related names, logos, vehicle marks, manufacturer marks, circuit marks, sanctioning-body marks and championship marks are the trade marks of their respective owners. Race Stint is an independent third-party application and is not affiliated with, endorsed by, or sponsored by Studio 397 BV, Motorsport Games Inc., iRacing.com Motorsport Simulations, LLC, the ACO, the FIA, or any other rights holder of any Supported Sim or its licensed content.