IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THIS PRODUCT. IT INCLUDES IMPORTANT TERMS FOR YOUR USE OF THIS PRODUCT!

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 all SkyCaddie Sports Series Products eligible for the Sports Series No Annual Fees Required Promotion which are purchased and activated within the promotion period and are otherwise in accordance with the Sports Series No Annual Fees Required Promotion (each an “Eligible Sports Series Product” or “Eligible Sports Series Device”). For additional terms of the Sports Series No Annual Fees Required Promotion, go to http://tinyurl.com/ms3cyrh. You acknowledge and agree to this License Agreement by using your Eligible Sports Series Product or clicking the “AGREE” button and registering or activating your Eligible Sports Series Product. The software and the components thereof (including any embedded software, drivers, enhancements, revisions, downloads, modifications or updates), documentation and fonts that come preloaded on your Eligible Sports Series Device and/or that is later loaded onto your Eligible Sports Series Device, including, without limitation, any SKYCOURSE® course maps, whether such software is on disk, in read-only memory, on any other media or in any other form (collectively the “SkyGolf Software” or “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, “SkyGolf Software” or “Software,” includes, but is not limited to, SkyCourse course maps and the components thereof, and any separate reference to SkyCourse course maps herein is for emphasis or the avoidance of doubt only.)

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR ELIGIBLE SPORTS SERIES PRODUCT OR CLICKING ON THE “AGREE” BUTTON TO THESE TERMS AND CONDITIONS. USING YOUR SPORTS SERIES PRODUCT OR CLICKING THE “AGREE” BUTTON INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE YOUR ELIGIBLE SPORTS SERIES PRODUCT OR CLICK THE “AGREE” BUTTON AND YOU SHOULD NOT REGISTER OR ACTIVATE YOUR ELIGBLE SPORTS SERIES PRODUCT OR PROCEED WITH THE DOWNLOAD OF SOFTWARE IN CONNECTION WITH YOUR PRODUCT.

If you do not agree to these license terms and you purchased your Eligible Sports Series Product directly from SkyHawke Technologies, LLC via the Licensor’s Internet web site, then you should contact the Customer Service department at 1-866-SKYGOLF (1-866-759-4653), or e mail customerservice@skygolf.com to apply for and arrange for a refund of your purchase within thirty (30) days of purchase. Otherwise, you should return your Eligible Sports Series Product to the point of purchase for a refund within thirty (30) days of purchase.

1) GRANT OF LICENSE

a.You are granted a nontransferable, non-exclusive license to use the SkyGolf Software under the terms stated in this License Agreement for solely personal noncommercial use in connection with your single Eligible Sports Series Device. Title, ownership and copyright of the SkyGolf Software are vested in, and remain with, the Licensor. The rights granted herein are limited to the use of the SkyGolf Software 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 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 Software, including, without limitation, the SkyCourse course maps. The SkyGolf Software, including the SkyCourse course maps, and all other software downloaded from the Licensor’s web site may not be used with, transferred or transmitted to any other hardware, software, or any other user or medium, except to your Eligible Sports Series Device for personal noncommercial use in accordance with this License Agreement. Licensor reserves the right to limit the number of SkyCourse course maps downloaded to your Eligible Sports Series 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 this license to the SkyGolf Software or any of their modules or components, or disclose the SkyGolf Software to any other person or entity, or otherwise offer access to or use of, the SkyGolf Software via the Internet or any other network which is available to or accessible by third parties or via any other medium or means of communication. Any attempt to do so is a violation of the rights of Licensor and its licensors of the SkyGolf Software. If you breach this restriction, you may be subject to prosecution and damages. You may, however, make a one-time permanent transfer of all of your license rights to the SkyGolf Software to another party in connection with the transfer of ownership of your Eligible Sports Series Device, provided that: (a) the transfer must include your Eligible Sports Series Device and all of the SkyGolf Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the SkyGolf Software, full or partial, including copies stored on a computer or other storage device; (c) the party receiving the SkyGolf Software reads and agrees to accept the terms and conditions of this License and (d) the transfer is not of a commercial nature.You agree to reasonably cooperate with Licensor in inquiries by Licensor regarding your downloading and/or use of SkyCourse course maps or other SkyGolf Software.

d. You agree that Licensor may send communications to you regarding your Eligible Sports Series Product, the SkyGolf Software, any SkyGolf accounts you may have, including, without limitation, any Club SG™ (Beta) account, other notifications relevant to your Eligible Sports Series Product, and special product or service promotions or offers.

e. The fact (i) that a license has been granted to you to use preloaded and later loaded Software or (ii) that Licensor has made available or, in the future, may make available Software updates, including, without limitation, updates to the SkyCourse course maps or your Device operating system, shall not be construed as requiring Licensor to make available any other or future updates to the Software, including, without limitation, updates to the SkyCourse course maps or your Device operating system. Any updates to the SkyGolf Software for your Eligible Sports Series Device are made solely at Licensor’s option, and Licensor has no obligation to make available any updates to the Software, including, without limitation, updates to the SkyCourse course maps or your Device operating system.

f. This License Agreement is effective for the useful life, as defined below, of your Eligible Sports Series Device, unless sooner terminated by Licensor in accordance with this License Agreement. Upon the end of the useful life of your Eligible Sports Series Device, this License Agreement, and the license granted hereby, shall automatically terminate without any further action by Licensor. The useful life of your Eligible Sports Series Device is the period during which the Device (1) has sufficient memory capacity and other required technical capabilities to utilize then current map data and operating system updates, if any, provided by Licensor, (2) is capable of operating as intended without major repairs and (3) has not become obsolete, including, without limitation, on account of the inability to reasonably obtain required parts or components. If you have not downloaded a course update within any eighteen (18) month period, your Device will be deemed out of service and its useful life ended. If your Eligible Sports Series Device does not have sufficient memory remaining to load an update to the map data, you will need to reduce map coverage to receive updates. If you are unable or unwilling to reduce map coverage, your Device will be deemed out of service and its useful life ended. If the useful life of your Device has ended solely because you either have not downloaded a course update within 18 months or were unable or unwilling to reduce map coverage to receive course updates, you may continue to use the SkyGolf Software then loaded on your Device as long as your Device’s useful life has not otherwise ended and your Device is functionally operational without maintenance or support from Licensor, in which case this License Agreement and the license granted hereby shall continue until the useful life of your Eligible Sports Series Device otherwise ends. Additionally, this license terminates, without notice, if you fail to comply with any provision of this Agreement. You agree upon expiration or termination to destroy the SkyGolf Software, together with all copies, modifications and merged portions in any form, including any copy in your computer memory or on a hard disk.

2) LIMITATION OF LIABILITY

LICENSOR PROVIDES THE SKYGOLF SOFTWARE ON AN “AS IS” BASIS AND DOES NOT WARRANT THE EXECUTION OR PERFORMANCE OF THE 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 JURISDICTIONS 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 SKYGOLF SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR SKYGOLF SOFTWARE. IN NO EVENT SHALL LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOUR ELIGIBLE SPORTS SERIES PRODUCT. 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 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 YOUR ELIGIBLE SPORTS SERIES PRODUCT, SKYGOLF SOFTWARE AND SOFTWARE UPDATES, 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 SKYGOLF 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 SKYGOLF 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 your Eligible Sports Series Product on a golf course is at your own risk.

3) EXPORT CONTROL

You may not use or otherwise export or re-export the SkyGolf Software except as authorized by applicable law. In particular, but without limitation, the SkyGolf 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 SkyGolf 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 SkyGolf Software for any purposes prohibited by United States and other applicable law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. Use of some features and functionality of your Eligible Sports Series Product and related accessories may be restricted by the laws of countries other than the country in which your Eligible Sports Series Product and related accessories are purchased, which shall be deemed to be the United States. If you intend to use your Eligible Sports Series Product and related accessories in a country other than the United States, you are solely responsible for determining whether use of all features and functionality of your Eligible Sports Series Product and related accessories are permitted in such other country.

4) U.S. GOVERNMENT RESTRICTED RIGHTS

The SkyGolf 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, Ridgeland, MS 39157.

5) REQUIREMENT FOR A CLUB SG™ (BETA)OR OTHER ACCOUNT

Some advanced features of your Eligible Sports Series Product may require a paid subscription and/ or a paid Club SG™ (Beta) or other SkyGolf account, and no license is granted hereunder to such advanced features.

6) NO RESPONSIBILITY FOR GPS SYSTEM

Use of the SkyGolf Software and your Eligible Sports Series Product 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.

7) OWNERSHIP OF UPLOADED DATA

You agree, for and in consideration of Licensor offering to you the license granted 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.

8) SPECIAL NOTICE REGARDING CERTAIN COURSE MAPS CONTAINED IN THE SKYGOLF COURSE MAP 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.

9) AMENDMENTS OR MODIFICATIONS TO THIS LICENSE AGREEMENT, MODIFICATION OF SOFTWARE SUPPORT

Licensor shall have the right to amend or modify this License Agreement from time to time. All such amendments or modifications shall be effective on the date the amended or modified End User License Agreement and Terms and Conditions is posted to Licensor’s website at www.skygolf.com. Licensor reserves the right to change or discontinue its support of the SkyGolf Software.

10) 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. You acknowledge that the Software and updates licensed under this License Agreement are provided through computer servers maintained in the State of Mississippi, USA and that such jurisdiction has a significant and meaningful connection with the transaction in which you obtained such Software and updates. 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 to the fullest extent permitted by law.

11) COMPLETE AGREEMENT

This License Agreement constitutes the entire agreement between the parties with respect to the use of the SkyGolf 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.

12) BETA TEST FEATURES

One or more features of your Eligible Sports Series Product may be in beta test mode (the “beta features”). The beta features of your Eligible Sports Series Product may be changed from time to time. The use and continuation of these beta features are subject to this License Agreement. As a beta tester, you are invited to use the beta features. The beta features are provided “AS IS” and “AS AVAILABLE,” and we make 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 your Eligible Sports Series Product . 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 08/09/2013