SKYGOLF SUPERTAGS END USER LICENSE AGREEMENT  
TERMS AND CONDITIONS

Effective: 02/01/2024
Last Reviewed: 11/21/2024

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING THE “AGREE” BUTTON OR USING ANY FEATURE OF SKYGOLF SUPERTAGS. CLICKING THE “AGREE” BUTTON OR USING ANY FEATURE OF SKYGOLF SUPERTAGS, INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT (1) CLICK THE “AGREE” BUTTON OR (2) USE ANY FEATURE OF SKYGOLF SUPERTAGS.

This SkyGolf SuperTags License Agreement and Terms and Conditions (this “License Agreement”) is a legal agreement between you and SkyHawke Technologies, LLC and/or its affiliates (collectively “SkyHawke”). SkyHawke is sometimes referred to in this License Agreement as “SkyGolf” or “Licensor.” This License Agreement sets forth the terms and conditions governing your use of SkyGolf SuperTags (“SuperTags”). 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. You acknowledge and agree to this License Agreement by clicking the “AGREE” button or by using any feature of SuperTags.

Your use of SuperTags is subject to this License Agreement. Your use of SuperTags also requires a SkyGolf 360 Membership Plan that includes SuperTags features (a “SuperTags-Enabled SkyGolf Membership Plan”) and is also subject to the related SkyGolf 360 Membership Plan License Agreement and Terms and Conditions (the “SuperTags-Enabled SkyGolf Membership License Agreement”). In the event of any conflict between this License Agreement and the SuperTags-Enabled SkyGolf Membership Plans License Agreement, the terms of the SuperTags-Enabled SkyGolf Membership Plans License Agreement will prevail.

Any and all software (including any embedded software, drivers, enhancements, revisions, downloads, modifications or updates), documentation and any fonts, on any media or in any form, that either came with your SuperTags or is downloaded to either SuperTags or any computing device used in connection with SuperTags, including any mobile device application, or is otherwise provided in connection with your SuperTags or a SuperTags-Enabled SkyGolf Membership Plan (collectively, the “SuperTags Software” or “Software”) are licensed, not sold, to you by Licensor for use only under the terms of this License Agreement and the related SuperTags-Enable SkyGolf Membership License Agreement, and Licensor reserves all rights not expressly granted to you.

1) Grant of License — Licensor provides limited access to the SuperTags Software and grants a limited license for its use by you for the duration and under the terms of this License Agreement and the SuperTags-Enable SkyGolf Membership License Agreement. The duration of the license granted by this License Agreement shall be equal to and run concurrently with the license granted to you by the SuperTags-Enabled SkyGolf Membership License Agreement. The license granted under this License Agreement shall expire simultaneously with the expiration of the license granted to you under your SuperTags-Enable SkyGolf Membership License Agreement. You will lose access to the features of your SuperTags as well as any swings, shots, scores, statistics or other data collected by SuperTags and/or stored in your SkyGolf account on expiration of the term of this License Agreement and your SuperTags-Enable SkyGolf Membership License Agreement if not timely renewed. Licensor reserves the right to stop offering, or to modify, renewals of this License Agreement and the SuperTags-Enable SkyGolf Membership Plans at any time without notice.

a. Subject to paragraph 5 below and the other terms of this License Agreement, you are granted a nontransferable, non-exclusive license to use the SuperTags Software under the terms stated in this License Agreement and your SuperTags-Enabled SkyGolf Membership License Agreement solely in connection with one (1) set of SuperTags comprising up to 14 SuperTags. Further, unless you purchase a valid SuperTags-Enable SkyGolf Membership Plan that permits commercial use, your use under this license is limited to personal, noncommercial use of SuperTags and the SuperTags Software. If you purchase a SuperTags-Enabled SkyGolf Membership Plan that permits commercial use of SuperTags, your use under this license is limited to the commercial use permitted by your SuperTags-Enabled SkyGolf Membership Plan. Title, ownership and copyright of the SkyGolf Software and swings, shots, scores, statistics or other data collected by SuperTags and/or stored in your SkyGolf account are vested in, and remain with, Licensor. The rights granted herein are limited to your use of the SkyGolf Software and your SkyGolf account in accordance with this License Agreement and your SuperTags-Enabled SkyGolf Membership 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 SuperTags Software. The SuperTags Software, and any data in connection therewith, including, without limitation, any swings, shots, scores, statistics or other data collected by SuperTags and/or stored in your SkyGolf account, may not be used with, or transferred or transmitted to, any other hardware, software, or other device or medium, including, without limitation, any GPS-enabled device, golf launch monitor, or any computing device, including any mobile device application, except with or to a hardware device or software program that has been authorized by Licensor.

c. You may not assign, distribute, lease, rent, lend, sublicense, or transfer this license to the SuperTags Software, or any of its modules or components, except as provided herein or by item (b) above, or disclose the SuperTags Software to any other person or entity, or otherwise offer access to or use of, the SuperTags Software via the Internet or via any other network which is available to or accessible by third parties. Any attempt to do so is a violation of the rights of Licensor and its licensors of the SuperTags 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 SuperTags Software to another party in connection with the transfer of ownership of your SuperTags, provided that: (a) the transfer must include your SuperTags and all of the SuperTags Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the SuperTags Software, including copies stored on a computer or other storage device; (c) the party receiving the SuperTags 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 SuperTags Software.

d. You agree that Licensor may send communications to you regarding your SuperTags, the SuperTags Software, your SkyGolf account and other notifications relevant to any SkyGolf device or hardware you have registered with Licensor.

e. This License Agreement is effective until expiration, unless sooner terminated by Licensor. This license terminates, without notice, if you fail to comply with any provision of this License Agreement or your SuperTags-Enabled Membership License Agreement. You agree upon expiration or termination to destroy the SuperTags 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 SUPERTAGS AND THE SUPERTAGS SOFTWARE ON AN “AS IS” BASIS AND DOES NOT WARRANT THE EXECUTION OR PERFORMANCE OF THE SUPERTAGS OR THE SUPERTAGS 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 SUPERTAGS OR SUPERTAGS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR SUPERTAGS OR SUPERTAGS SOFTWARE, OR FOR SUBSCRIPTION FEES PAID FOR SUPERTAGS-ENABLED SKYGOLF MEMBERSHIP PLANS. IN NO EVENT SHALL LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU FOR YOUR SUPERTAGS AND USE OF THE SUPERTAGS 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 SUPERTAGS OR THE SUPERTAGS 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 SUPERTAGS, SUPERTAGS SOFTWARE AND/OR 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.

SUPERTAGS AND THE SUPERTAGS SOFTWARE ARE 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 SuperTags on a golf course is at your own risk.

3) Export Control — You may not use or otherwise export or re-export SuperTags and the SuperTags Software except as authorized by United States law and the laws of the jurisdiction(s) in which the SuperTags and SuperTags Software were obtained. In particular, but without limitation, SuperTags and the SuperTags 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 SuperTags and the SuperTags 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 SuperTags or SuperTags 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.

4) U.S. Government Restricted Rights — The SuperTags 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 to Purchase a SuperTags-Enabled SkyGolf Membership Plan —SuperTags and some or all of the SuperTags Software (including access to SkyGolf course maps) may not be used or functional without a current SuperTags-Enabled SkyGolf Membership Plan. To use SuperTags and/or SuperTags Software, you must separately purchase a SuperTags-Enable SkyGolf Membership Plan, and the use and license of SuperTags and SuperTags Software is subject to and governed by the required SuperTags-Enabled SkyGolf Membership Plan and any license agreement in connection with such Membership Plan. If you do not purchase a SuperTags-Enabled SkyGolf Membership Plan, you will not have access to, and are not granted a license hereunder for, the SuperTags Software, and your SuperTags will not be functional.

6) No Responsibility for GPS System — Use of SuperTags and the SuperTags 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.

7) Ownership of Uploaded Data — For and in consideration of Licensor offering to you the license granted in accordance with the terms of this License Agreement, you agree that any data collected by SuperTags and/or uploaded by you to Licensor or to any website or computer program maintained by Licensor, including any swings, shots, scores, statistics or other data collected by SuperTags and/or stored in your SkyGolf account, 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 all such data, including, without limitation, any copyright or other intellectual property rights you may have in such data. In the event you terminate or do not renew your SuperTags-Enabled SkyGolf Membership Plan, Licensor shall retain ownership of all such data, and should Licensor be required under applicable privacy laws to delete or remove any of your personally identifiable information contained within such data, Licensor agrees to remove such personally identifiable information, but otherwise retains all rights of ownership to such data. In the event applicable law prevents or restricts Licensor from obtaining ownership of the foregoing described data, you hereby grant to Licensor a perpetual, irrevocable, transferable, worldwide, royalty-free and nonexclusive license to use, reproduce, adapt, translate, publish, perform, display, and distribute any such data; provided, however, any personally identifiable information contained in such data shall be subject to the then-existing SkyGolf Privacy Policy.

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 License Agreement is posted to Licensor’s website at www.skygolf.com. Licensor reserves the right to change or discontinue its support of the SuperTags 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. 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.

11) Complete Agreement — This License Agreement, together with any SuperTags-Enabled SkyGolf Membership License Agreement you entered in connection with your SuperTags, constitutes the entire agreement between the parties with respect to the use of the SuperTags 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 SuperTags (including applications used in connection with the SkyCaddie®) may be in beta test mode (the “beta features”). Beta features may be changed from time to time. The use and continuation of 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 SkyGolf 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) SkyGolf may discontinue or modify the beta features at any time and from time to time. SkyGolf makes no guarantee that the beta features will ever be released from beta testing as a full feature for use with SuperTags. The beta features may initially be provided free of charge. SkyGolf 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.