
TURBORILLA AB SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT:  THIS SOFTWARE END USER LICENSE AGREEMENT 
('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN 
INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR 
AN ENTITY, AN ENTITY) AND TURBORILLA AB. READ IT 
CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND 
USING THE SOFTWARE.  IT PROVIDES A LICENSE TO USE THE 
SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY 
DISCLAIMERS.  BY INSTALLING THIS SOFTWARE, YOU ARE 
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING 
TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO 
NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL 
THE SOFTWARE.

1. Definitions

(a) 'TURBORILLA AB' means TURBORILLA AB and its licensors, if any. 

(b) 'Software' means the MAD SKILLS MOTOCROSS software program and any
third party software programs contained therein, in each case supplied by
TURBORILLA AB herewith, and corresponding documentation, associated
media, printed materials, and online or electronic documentation, and all updates
or upgrades of the above that are provided to you. 

(c) 'Software Trial Application' means a version of the Software, so identified, 
to be used only to review, demonstrate and evaluate the Software for a limited  
time period.  The Software may have limited features and will cease operating  
after a predetermined amount of time due to an internal mechanism within the  
Software or within Macromedia Central. 

2. License Grants

(a) You may install and use the Software on up to three (3) desktop computers 
that have a Windows PC operating system (including desktop PC versions of 
Windows 95, 98, 2000, NT, ME and XP (and later versions), a Macintosh 
desktop operating system, a Linux desktop operating system, provided, however,
that, notwithstanding anything contrary contained herein, you may not use the 
Software on any non-PC product or any embedded or device versions of the 
above operating systems, including, but not limited to, mobile devices, internet 
appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, 
game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks 
or any other consumer electronics devices or mobile/cable/satellite/television or
closed system based service. A license for the Software may not be shared, 
installed or used concurrently on different computers. 

(b) Your license rights under this EULA are non-exclusive. 

3. License Restrictions

(a) You may not make or distribute copies of the Software, or electronically 
transfer the Software from one computer to another or over a network.

(b) You may not alter, merge, modify, adapt or translate the Software, or 
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a
human-perceivable form. 

(c) You may not sell, rent, lease, or sublicense the Software. 

(d) You may not modify the Software or create derivative works based upon the Software.

(e) You may not export the Software into any country prohibited by the United
States Export Administration Act and the regulations thereunder.

(f) In the event that you fail to comply with this EULA, TURBORILLA AB
may terminate the license and you must destroy all copies of the 
Software (with all other rights of both parties and all other provisions of this
EULA surviving any such termination).

(g) Unless otherwise provided herein, you shall not (A) in the aggregate, install 
or use more than one copy of the Software, (B) download the Software Trial 
Application under more than one username, (C) alter the contents of a hard drive 
or computer system to enable the use of the Software Trial Application for an 
aggregate period in excess of the trial period for one license to such Software 
Trial Application, or (D) use the Software Trial Application for a purpose other 
than the sole purpose of determining whether to purchase a license to a 
commercial version of the Software. 

4. Ownership

The foregoing license gives you limited license to use the Software. 
TURBORILLA AB and its suppliers and partners retain all right, title and 
interest, including all copyright and intellectual property rights, in and to, the 
Software and all copies thereof. All rights not specifically granted in this EULA,
including Federal and International Copyrights, are reserved by
TURBORILLA AB, its suppliers and its partners.

5. WARRANTY DISCLAIMER

(a) TURBORILLA AB AND ITS SUPPLIERS AND PARTNERS 
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER 
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 
ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND 
TITLE OR QUIET ENJOYMENT. TURBORILLA AB DOES NOT 
WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS
NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS 
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING 
WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, 
MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, 
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR 
TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. 
TURBORILLA AB SPECIFICALLY DISCLAIMS ANY EXPRESS 
OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE 
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF 
DELIVERY.

(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 
TURBORILLA AB, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 

(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT 
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL 
RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT 
VARY FROM STATE TO STATE.

(e) TURBORILLA AB shall have no responsibility if 
the Software has been altered in any way, or FOR ANY 
failure THAT arises out of use of the Software with 
other than a recommended hardware configuration, 
PLATFORM OR OPERATING SYSTEM. 

6. LIMITATION OF LIABILITY

(a) NEITHER TURBORILLA AB NOR ITS SUPPLIERS AND 
PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR 
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS 
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS 
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY 
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF 
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF TURBORILLA AB OR
ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS 
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TURBORILLA AB'S TOTAL LIABILITY TO YOU FOR 
ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE 
LIMITED TO $50. 

(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS 
THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED
TO APPLY TO ALL ASPECTS OF THIS EULA.

7. Basis of Bargain 

The Warranty Disclaimer and Limited Liability set forth above are fundamental 
elements of the basis of the agreement between TURBORILLA AB and 
you. TURBORILLA AB would not be able to provide the Software on an 
economic basis without such limitations. Such Warranty Disclaimer and Limited 
Liability inure to the benefit of TURBORILLA AB's licensors.

8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

This Software and the documentation are provided with 'RESTRICTED RIGHTS' 
applicable to private and public licenses alike. Without limiting the foregoing, 
use, duplication, or disclosure by the US Government is subject to restrictions as
set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3
(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), 
FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: TURBORILLA AB, 
Umestan Företagspark hus 7
903 47 Umeå
Sweden.

9. (Outside of the USA) Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA 
do not affect or prejudice the statutory rights of a consumer, i.e., a person 
acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in 
this EULA shall apply to you only to the extent such limitations or exclusions are 
permitted under the laws of the jurisdiction where you are located. 

10. Third Party Software

(a) This Software does not utilize third party software. 

11. General

This EULA shall be governed by the internal laws of the State of VÄSTERBOTTEN, 
without giving effect to principles of conflict of laws.  You hereby consent to the
exclusive jurisdiction and venue of the state courts sitting in   
County VÄSTERBOTTEN or the federal courts in the  
to resolve any disputes arising under this EULA.  In each case this 
EULA shall be construed and enforced without regard to the United Nations 
Convention on the International Sale of Goods.

This EULA contains the complete agreement between the parties with respect to 
the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written. You agree that any varying 
or additional terms contained in any purchase order or other written notification 
or document issued by you in relation to the Software licensed hereunder shall be
of no effect. The failure or delay of TURBORILLA AB to exercise any
of its rights under this EULA or upon any breach of this EULA shall not be 
deemed a waiver of those rights or of the breach. 

No TURBORILLA AB dealer, agent or employee is authorized to make 
any amendment to this EULA. 

If any provision of this EULA shall be held by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum extent 
permissible, and the remaining provisions of this EULA will remain in full force
and effect.

All questions concerning this EULA shall be directed to: 
TURBORILLA AB,
tobias@turborilla.com,
Attention: Tobias Andersson.

TURBORILLA AB and other trademarks contained in the Software are 
trademarks or registered trademarks of TURBORILLA AB in the 
United States and/or other countries. Third party trademarks, trade names, 
product names and logos may be the trademarks or registered trademarks of their 
respective owners.  You may not remove or alter any trademark, trade names, 
product names, logo, copyright or other proprietary notices, legends, symbols or 
labels in the Software.  This EULA does not authorize you to use TURBORILLA AB's
or its licensors' names or any of their respective trademarks.



