Skycaddie Membership Terms And Conditions

SkyCaddie® Membership Plans License Agreement and Terms and Conditions


NOTICE:

SkyCaddie® Membership Plans selected only by United States customers include automatic Plan payments, unless the U.S. customer chooses to opt out of automatic payments. If you are a U.S. customer, please read paragraph 3 below carefully and follow the instructions if you elect to opt out of automatic payments.

This License Agreement (this “License Agreement” or this “Agreement”) is a legal agreement between you and SkyHawke Technologies, LLC (“Licensor”). You acknowledge that you have read, understood and agreed to this License Agreement, and you agree that this License Agreement is enforceable like any written negotiated agreement signed by you. This License Agreement applies to the SkyCaddie® Membership Plan you have elected to purchase (“SkyCaddie® Membership Plan”, “Membership Plan” or “Plan”) and sets forth the terms and conditions of the Plan. You acknowledge and agree to this License Agreement by clicking the “AGREE” button and activating your SkyCaddie® Membership Plan. The software (including any embedded software, drivers, enhancements, revisions, downloads, modifications or updates), documentation and fonts that come with your SkyCaddie® Membership Plan, whether on disk, in read-only memory, on any other media or in any other form, whether provided at initial purchase of the Plan or at any time thereafter, (collectively the “SkyCaddie® Membership Plan Software”) are licensed, not sold, to you by Licensor for use only under the terms of this License Agreement, and Licensor reserves all rights not expressly granted to you in this Agreement. (As used in this License Agreement, “SkyCaddie® Membership Plan Software” includes, but is not limited to, SkyGolf course maps and the components thereof, and any separate reference to SkyGolf course maps herein is for emphasis or the avoidance of doubt only.) This License Agreement does not apply to Sports Series SkyCaddie devices eligible for the No Annual Fees Required promotion, which requires agreement to a separate license agreement.

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON THE “AGREE” BUTTON. CLICKING THE “AGREE” BUTTON AND ACTIVATING YOUR SKYCADDIE® MEMBERSHIP PLAN INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT CLICK THE “AGREE” BUTTON AND YOU SHOULD NOT ACTIVATE YOUR MEMBERSHIP PLAN PURCHASE OR PROCEED WITH THE DOWNLOAD OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE.

1) GRANT OF LICENSE

Provided the License Fee for the Membership Plan you have selected has been timely paid and your SkyGolf account is current, Licensor provides limited access to the SkyCaddie® Membership Plan Software (including the SkyGolf course maps associated with your Plan) and SkyGolf internet web site access, and grants a limited license for their use by you for the duration and under the terms of this License Agreement. You will lose use of and access to the SkyCaddie® Membership Plan Software, including the SkyGolf course maps downloaded to your SkyCaddie® device, as well as any scores, statistics and other information you have stored on your SkyGolf or Club SG™ (Beta) account (i) during any period that your License Fee is not paid or your SkyGolf account is not current and (ii) upon cancellation or termination of your Membership Plan in accordance with this License Agreement. Licensor reserves the right to stop offering Membership Plans at any time without notice. Plus 2 Add-On Plans include additional terms set forth in Paragraph 1(f).

a. You are granted a nontransferable, non-exclusive license to use the SkyCaddie® Membership Plan Software, including access to the SkyGolf course maps, under the terms stated in this License Agreement for solely personal noncommercial use in connection with one (1) SkyCaddie® device which is properly registered in your name with Licensor. Title, ownership and copyright of the SkyCaddie® Membership Plan Software, the SkyGolf course maps, and any scores, statistics and other information stored on your SkyGolf or Club SG™ (Beta) account are vested in, and remain with, Licensor. The rights granted herein are limited to the use of the SkyCaddie® Membership Plan Software, the SkyGolf course maps and your SkyGolf or Club SG™ (Beta) account in accordance with this License Agreement, and do not include any rights in any patents or other intellectual property rights of Licensor.

b. Except as and only to the extent expressly permitted in this License Agreement or by applicable law, you may not copy, de-compile, re-compile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works or translations of the SkyCaddie® Membership Plan Software or the SkyGolf course maps. The SkyCaddie® Membership Plan Software, the SkyGolf course maps and other software downloaded from the Licensor’s web site may not be used with, or transferred or transmitted to, any other GPS hardware, GPS software or any other user or medium, except to an authorized SkyCaddie® hardware/software system registered in your name for your personal noncommercial use in accordance with this License Agreement. Licensor reserves the right to limit the number of SkyGolf course maps downloaded to your SkyCaddie® device, both in terms of total number of courses downloaded and number of courses downloaded over any given period of time.

c. You may not assign, distribute, lease, rent, lend, sublicense, or transfer your SkyCaddie® Membership Plan or this license to the SkyCaddie® Membership Plan Software, the SkyGolf course maps or any of their modules or components, except as provided by item (b) above. Additionally, you may not disclose the SkyCaddie® Membership Plan Software or SkyGolf course maps to any other person or entity or otherwise offer access to or use of the SkyCaddie® Membership Plan Software or SkyGolf course maps via the Internet or any other network or media which is available to or accessible by third parties. Any attempt to do any of the foregoing is a violation of the rights of Licensor and its licensors. In addition to any rights of Licensor hereunder, if you breach this restriction, you may be subject to prosecution and damages. You agree to reasonably cooperate with Licensor in inquiries by Licensor regarding your downloading and/or use of SkyGolf course maps or other SkyCaddie® Membership Plan Software.

d. You agree that Licensor may, from time to time, send communications to you regarding your SkyCaddie® Membership Plan or SkyCaddie® Membership Plan Software, other notifications relevant to the SkyCaddie® device you have registered with Licensor and special product or service promotions or offers. This new permission supersedes any previous opt outs by you.

e. This License Agreement is effective until cancellation or termination of your Membership Plan in accordance with the provisions of this License Agreement. Additionally, the license granted hereby terminates, without notice, if you fail to comply with any provision of this Agreement. You agree upon expiration or termination to destroy the SkyCaddie® Membership Plan Software (including any SkyGolf course maps), together with all copies, modifications and merged portions in any form, including any copy in your computer memory or on a hard disk or any other storage medium.

f. With respect to Plus 2 Add-On Plans, the terms of this paragraph (f) apply notwithstanding any other provision of this License Agreement. Where the terms of this paragraph (f) are consistent with the other terms of this License Agreement, the terms of this paragraph (f) are in addition to such other terms, and where the terms of this paragraph (f) are inconsistent with the other terms of this License Agreement, the terms of this paragraph (f) shall supersede such other terms. With a Plus 2 Add-On Plan, you are granted a nontransferable, non-exclusive license to use the SkyCaddie Membership Plan Software, including access to the SkyGolf course maps, under the terms stated in this License Agreement for solely personal noncommercial use in connection with one SkyCaddie device (the “Add-On SkyCaddie”) that is properly registered as an additional add-on device and associated with a current Double Eagle Plus 2 membership plan (the “Parent Plan”). The license granted hereby is valid only if the Add-On SkyCaddie (i) is properly registered in the same name as that of the Parent Plan (the “Parent Plan Accountholder”), (ii) is properly associated or linked to the Parent Plan and the Parent Plan has no more than a total of two (2) additional add-on SkyCaddie units associated with it, including the Add-On SkyCaddie for which the SkyCaddie Membership Software is licensed hereunder and (iii) is primarily used by the Parent Plan Accountholder or a member of the Parent Plan Accountholder’s household. Members of the accountholder’s household are those individuals within the Parent Plan Accountholder’s family that permanently physically reside at the Accountholder’s household address, and include family members attending college who reside at the Parent Plan Accountholder’s physical household address when not at college. Failure to maintain the Parent Plan in good standing, including without limitation timely payment of all membership, licensing or other fees, shall automatically terminate the license granted hereby in connection with the Add-On SkyCaddie. The membership benefits of the Parent Plan applicable to your Add-On SkyCaddie include only the license granted hereby to use the SkyCaddie Membership Plan Software (including SkyGolf’s course maps) in connection with your Add-On SkyCaddie without additional membership fees and do not include other membership benefits, including a free Club SG (Beta) account, which must be purchased separately. The term of the license granted hereby to use the SkyCaddie Membership Plan Software in connection with your Add-On SkyCaddie shall begin on the date that the Add-On SkyCaddie is properly registered and associated with the Parent Plan and shall continue thereafter for the term of the Parent Plan so long as all membership, license and other fees for the Parent Plan have been paid and the Parent Plan remains in good standing. If access to SkyGolf’s course maps is suspended under the Parent Plan, for any reason, including without limitation, failure to make payment of any amounts due in connection with the Parent Plan, Licensor may either suspend or terminate the license granted hereby in connection with the Add-On SkyCaddie. You may not transfer the license granted hereby, including, without limitation, to any other SkyCaddie device.

2) MEMBERSHIP PLAN FEATURES AND FUNCTIONALITY

The features and functionality of each SkyCaddie® Membership Plan varies. Depending on the Membership Plan you have elected to purchase and your location, Membership Plans respectively permit the following during the term of the Plan:

UNITED STATES:

  • SkyGolf 360 BIRDIE: Unlimited access to SkyGolf’s course map library for your state
  • SkyGolf 360 EAGLE: Unlimited access to SkyGolf’s U.S.A. course map library
  • SkyGolf 360 DOUBLE EAGLE: Unlimited access to SkyGolf’s worldwide course map library

NORTH AMERICA (EXCLUDING U.S.A.) AND SOUTH AMERICA:

  • SkyGolf 360 BIRDIE: Unlimited access to SkyGolf’s Canada course map library
  • SkyGolf 360 EAGLE: Unlimited access to Americas course library (Canada, Mexico, Central & South America) excluding USA
  • SkyGolf 360 DOUBLE EAGLE: Unlimited access to SkyGolf’s worldwide course map library

UNITED KINGDOM:

  • SkyGolf 360 BIRDIE: Unlimited access to the UK & Ireland course map library
  • SkyGolf 360 EAGLE: Unlimited access to the EMEA (Europe, Middle East & Africa) course library
  • SkyGolf 360 DOUBLE EAGLE: Unlimited access to SkyGolf’s worldwide course map library

EUROPE:

  • SkyGolf 360 BIRDIE: Unlimited access to the course library in the respective country where the customer resides
  • SkyGolf 360 EAGLE: Unlimited access to the EMEA (Europe, Middle East & Africa) course library
  • SkyGolf 360 DOUBLE EAGLE: Unlimited access to SkyGolf’s worldwide course map library


Licensor reserves the right to add, withdraw and modify SkyCaddie® Membership Plan features and functionality from time to time.

3) MEMBERSHIP PLAN PRICING; AUTOMATIC PLAN PAYMENTS

Each Membership Plan includes a license fee (the or your “License Fee”) which varies according to the Membership Plan you have elected to purchase and is set forth on the Membership Plan selection page and on the Membership Plan activation page. The License Fee is due either annually or every three years, based on the Membership Plan you have selected. SkyGolf also reserves the right to charge an activation fee, which, if any, will also be set forth on the Membership Plan selection page and the Membership Plan activation page. By clicking on the Activate button, you agree to pay the activation fee, if any, and the License Fee of the Membership Plan you have elected to purchase until either you or SkyGolf have cancelled or terminated your Membership in accordance with the provisions of this License Agreement. By clicking the Activate button, you also agree that Licensor may charge the License Fee (and the activation fee, if any) to the credit card you have provided in the purchase process. In the event of a charge back (or other similar action) or other non-payment in connection with your payment of the applicable fee, you agree that your Membership Plan may be suspended, cancelled or terminated in Licensor’s sole discretion, and you will not have access to or use of the SkyCaddie® Membership Plan Software, the SkyGolf course maps or your SkyGolf or Club SG™ (Beta) account.

(United States Customers Only) AUTOMATIC PAYMENT- YOU AFFIRMATIVELY AGREE THAT THE LICENSE FEE FOR THE MEMBERSHIP PLAN YOU HAVE SELECTED WILL BE AUTOMATICALLY PAID UPON THE APPLICABLE DUE DATE, UNLESS YOU OPT OUT OF AUTOMATIC PAYMENTS IN THE MANNER PROVIDIED IN THIS LICENSE AGREEMENT. AUTOMATIC PAYMENT IS PROVIDED AS A CONVENIENCE TO YOU AND HELPS PREVENT UNWANTED DISRUPTION IN SERVICE. BY CLICKING ON THE ACTIVATE OR ACCEPT BUTTON TO ACTIVATE YOUR MEMBERSHIP PLAN PURCHASE WITHOUT FIRST CLICKING ON THE AUTOMATIC PAYMENT OPT OUT BUTTON, YOU AGREE TO AUTOMATIC PAYMENTS OF THE LICENSE FEE FOR THE MEMBERSHIP PLAN YOU HAVE SELECTED. YOU AFFIRMATIVELY AGREE THAT THE LICENSE FEE FOR THE MEMBERSHIP PLAN YOU HAVE SELECTED WILL BE AUTOMATICALLY PAID UNTIL SUCH TIME AS YOU OPT OUT OF AUTOMATIC PAYMENTS IN THE MANNER PROVIDED IN THIS LICENSE AGREEMENT OR UNTIL YOU CANCEL YOUR MEMBERSHIP PLAN IN ACCORDANCE WITH SECTION 4 BELOW. LICENSOR WILL ATTEMPT TO SEND YOU A NOTICE THAT YOUR MEMBERSHIP PLAN IS UP FOR AUTOMATIC PAYMENT. LICENSOR WILL ATTEMPT TO SEND THE NOTICE TO THE EMAIL ADDRESS YOU GAVE DURING THE INTIAL MEMBERSHIP PURCHASE PROCESS, UNLESS YOU HAVE PROVIDED AN UPDATED EMAIL ADDRESS. YOUR FAILURE TO RECEIVE SUCH NOTICE FOR WHATEVER REASON WILL NOT, HOWEVER, PRECLUDE AUTOMATIC PAYMENT. IF YOU DESIRE TO HAVE YOUR LICENSE FEE PAID, YOUR LICENSE FEE WILL BE AUTOMATICALLY PAID AND THE LICENSE FEE WILL BE BILLED TO THE CREDIT CARD YOU PROVIDED IN THE INITIAL PLAN PURCHASE PROCESS OR TO ANY UPDATED CREDIT CARD YOU HAVE PROVIDED. YOU MUST, HOWEVER, CONNECT AND SYNCH YOUR SKYCADDIE® DEVICE TO COMPLETE THE AUTOMATIC PAYMENT PROCESS. YOUR FAILURE TO AFFIRMATIVELY OPT OUT OF AUTOMATIC PAYMENTS CONSTITUTES YOUR AGREEMENT FOR LICENSOR TO AUTOMATICALLY CHARGE YOUR CREDIT CARD FOR SUCH LICENSE FEES. THE LICENSE FEE THAT WILL BE CHARGED WILL BE THE THEN CURRENT LICENSE FEE FOR THE SAME MEMBERSHIP PLAN AS YOUR EXISTING PLAN. IF YOUR CREDIT CARD HAS EXPIRED OR IS OTHERWISE INVALID, YOU MAY NOT BE ABLE TO AUTOMATICALLY PAY. IN SUCH AN EVENT, YOU MUST GO TO YOUR ACCOUNT ON THE SKYGOLF WEBSITE AND MANUALLY PAY YOUR LICENSE FEE THERE. AUTOMATIC PAYMENT IS SUBJECT TO YOUR CREDIT CARD BEING VALID AT TIME OF PAYMENT AND THE CHARGE BEING ACCEPTED FOR THE FULL LICENSE FEE AMOUNT BY YOUR CREDIT CARD COMPANY. YOU ARE SOLELY RESPONSIBLE FOR NOTIFYING LICENSOR IN THE EVENT OF ANY CHANGES IN YOUR EMAIL ADDRESS AND/OR YOUR CREDIT CARD INFORMATION. YOU HEREBY AUTHORIZE LICENSOR TO RETAIN YOUR CREDIT CARD INFORMATION FOR PURPOSES OF AUTOMATIC PAYMENTS, WITHOUT REGARD TO ANY PROVISION TO THE CONTRARY IN ANY PRIVACY POLICY OF LICENSOR.

PROCEDURE TO OPT OUT OF AUTOMATIC PAYMENT- YOU MAY OPT OUT OF AUTOMATIC PAYMENTS DURING THE PROCESS IN WHICH YOU INITALLY PURCHASE YOUR MEMBERSHIP PLAN BY CLICKING ON THE AUTOMATIC PAYMENT OPT OUT BUTTON. YOU MAY ALSO OPT OUT OF AUTOMATIC PAYMENTS AT ANY TIME BEFORE YOUR NEXT LICENSE FEE DUE DATE BY GOING TO YOUR ACCOUNT AT http://www.skygolf.com OR BY CALLING CUSTOMER SERVICE AT 1-866-SKYGOLF (1-866-759-4653). ONCE YOU ELECT TO OPT OUT OF AUTOMATIC PAYMENTS, YOU MUST MANUALLY PAY YOUR LICENSE FEE BEFORE THE LICENSE FEE DUE DATE BY GOING TO YOUR MEMBERSHIP ACCOUNT AT THE SKYGOLF WEBSITE. AFTER OPTING OUT OF AUTOMATIC PAYMENTS, IF YOU DO NOT MANUALLY PAY YOUR LICENSE FEE BY THE DUE DATE OF YOUR FEE, YOU WILL LOOSE USE OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE AND ANY OTHER FEATURES OF YOUR PLAN DURING THE PERIOD YOUR LICENSE FEE REMAINS UNPAID.

4) MEMBERSHIP PLAN TERM; REACTIVATION CHARGE

The term of each Membership Plan shall begin on the date that you purchase your Membership Plan and shall continue thereafter until either you cancel your Membership Plan in accordance with Section 5 below or SkyGolf cancels or terminates your Membership Plan in accordance with the provisions of this License Agreement. The due date for your License Fee shall be the anniversary date of your Membership Plan purchase. For instance, if you purchase on February 1, 2011 a Membership Plan with an annual License Fee, your License Fee will be due on February 1 of each succeeding year until your Membership Plan is cancelled or terminated as provided in this License Agreement. Likewise, if you purchase on February 1, 2011 a Membership Plan with a three year License Fee, your License Fee will be due on February 1, 2014 and on February 1 of every third year thereafter until your Membership Plan is cancelled or terminated as provided in this License Agreement. The license granted by this License Agreement, and your access to and use of SkyCaddie® Membership Plan Software (including SkyGolf course maps), is subject to your License Fees being timely paid and your SkyGolf account being current. SkyGolf may, at its option, terminate or suspend the license granted hereby, and your access to and use of SkyCaddie® Membership Plan Software (including SkyGolf course maps), if your License Fee is not timely paid or your account is not kept current. Late payment of your License Fee does not alter the term of your Membership Plan or the future due date of your License Fee. For instance, if you have an annual License Fee that is due on February 1, 2011 and you do not pay your License Fee until April 1, 2011, your next License Fee will still be due on February 1, 2012. Additionally, if you fail to timely pay your License Fee, Licensor may charge you a reactivation charge and shall not be required to maintain the data stored on your SkyCaddie® device or on your SkyGolf or Club SG™ (Beta) account for any particular period of time. Licensor shall not be responsible for loss of such data as a result of your failure to pay your License Fee on or before the due date.

5) CANCELATION, LIMITED TRANSFERABILITY

You may cancel your Membership Plan only as of your next License Fee due date. If you cancel your Membership Plan before your next License Fee due date, such cancellation will be deemed effective as of your next License Fee due date. Membership fees are non-refundable and are not subject to pro-ration in the event you cancel your Membership Plan before your next License Fee due date or you sell, transfer or otherwise lose the use of your SkyCaddie® device. You may transfer your Membership Plan to another SkyCaddie® device that you own and that is registered under the same membership account. You may not transfer your Membership Plan to a SkyCaddie® or other device that is not registered under your Membership account.

6) PLAN UPGRADES

You may upgrade your SkyCaddie® Membership Plan at anytime. If the upgrade of your Membership Plan takes place other than on the License Fee due date of your then current Membership Plan, the charge of the upgrade will be the difference between the License Fee of the upgraded Plan and the License Fee of your then current Plan, and the upgraded plan will apply thereafter. Following upgrade, your License Fee will be billed at the upgrade Plan License Fee and will be due on your original License Fee due date.

(United States Customers Only) If you want to upgrade your Membership Plan, you must manually pay your License Fee, and you may not automatically pay. After manual renewal and upgrade, you will again be re-started on automatic payments at the upgraded Membership Plan License Fee and will be given the option to opt out of automatic payments.

7) LIMITATION OF LIABILITY

LICENSOR PROVIDES THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE ON AN “AS IS” BASIS AND DOES NOT WARRANT THE EXECUTION OR PERFORMANCE OF SUCH SOFTWARE. NO WARRANTIES ARE EXPRESSED AND NONE SHALL BE IMPLIED. LICENSOR SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR SKYCADDIE® MEMBERSHIP PLAN SOFTWARE OR FOR LICENSE FEES. IN NO EVENT SHALL LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SKYCADDIE MEMBERSHIP PLAN SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Please be advised that golf is an inherently dangerous activity, and use of the SkyCaddie® and SkyCaddie® Membership Plan Software on a golf course is at your own risk.

8) EXPORT CONTROL

You may not use or otherwise export or re-export the SkyCaddie® Membership Plan Software except as authorized by United States law and the laws of the jurisdiction(s) in which the SkyCaddie® Membership Plan Software was obtained. In particular, but without limitation, the SkyCaddie® Membership Plan Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SkyCaddie® Membership Plan Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SkyCaddie® Membership Plan Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

9) U.S. GOVERNMENT RESTRICTED RIGHTS

The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subdivision (c) (1) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/Manufacturer is SkyHawke Technologies, LLC, 274 Commerce Park Drive - Suite M, Ridgeland, MS 39157.

10) NO RESPONSIBILITY FOR GPS SYSTEM

Use of the SkyCaddie® Membership Plan Software and any SkyCaddie® device is dependent on the global positioning system. The global positioning system is a free service operated and maintained by the United States Government, which is solely responsible for its accuracy and maintenance. Licensor shall have no liability or responsibility for any failure in, or any limitations of, the global positioning system.

11) SPECIAL NOTICE REGARDING CERTAIN SKYCOURSES CONTAINED IN THE SKYCOURSE DATABASE

Pebble Beach®, Pebble Beach Golf Links®, Spyglass Hill® Golf Course, The Links at Spanish Bay™, Del Monte™ Golf Course, Peter Hay™ Golf Course, and their individual holes, course designs and respective underlying distinctive images are trademarks, service marks, and trade dress of Pebble Beach Company. Used under license.

12) OWNERSHIP OF UPLOADED DATA

You agree, for and in consideration of Licensor offering to you the Membership Plans in accordance with the terms of this License Agreement, that any data uploaded by you to Licensor or to any website maintained by Licensor shall be and become the property solely of Licensor, and you hereby assign, convey and transfer to Licensor all of your right, title and interest in and to such data, including, without limitation, any copyright or other intellectual property rights you may have in such data.

13) CHOICE OF LAW

This License Agreement is governed by the laws of the State of Mississippi, without regard to the principles of conflict of laws. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue in full force and effect.

14) COMPLETE AGREEMENT

This License Agreement, together with the End User License Agreement you entered in connection with the purchase or registration of your SkyCaddie®, constitutes the entire agreement between the parties with respect to the use of the SkyCaddie® Membership Plan Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License Agreement will be binding unless in writing and signed by Licensor. Any translation of this License Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

15) BETA TEST FEATURES

One or more features of the SkyCaddie® Membership Plan Software may be in beta test mode (the “beta features”). The beta features are generally identified in the process to register either your SkyCaddie® or your SkyCaddie® Membership Plan, and the beta features identified therein may be changed from time to time. The use and continuation of these beta features are subject to these Terms and Conditions. As a beta tester, you are invited to use the beta features. The beta features are provided “AS IS” and “AS AVAILABLE,” and Licensor makes no warranty of any kind, express or implied, with respect to the beta features. By using the beta features, you agree that (i) use of the beta features is at your own risk and for the purpose of evaluating the features and identifying errors, (ii) the beta features may include known and unknown bugs and (iii) Licensor may discontinue or modify the beta features at any time and from time to time. Licensor makes no guarantee that the beta features will ever be released from beta testing as a full feature for use with the SkyCaddie® device. The beta features may initially be provided free of charge. Licensor may, at any time, discontinue any such free use and may, at any time and from time to time, make access to or use of the beta features (and the features upon full release) subject to payment of additional fees or costs.


Revised 3-01-2024

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