User's Manual

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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.
11) 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.
12) Complete Agreement — This License Agreement, together with any
license agreement you entered in connection with a SkyCaddie
®
Membership Plan or SkyCaddie 360 mobile application, 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 or unless posted on Licensor’s
website. 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.
13) Beta Test Features — One or more features of the Products (including
software applications used in connection with the SkyCaddie
®
Product)
may be in beta test mode (the “beta features”). The beta features are
generally identified in the process either to register your SkyCaddie
®
Product or purchase 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 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 the SkyCaddie
®
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 08/11/2014
SKYCADDIE TOUCH CONSUMER LIMITED WARRANTY
(AUTHORIZED U.S. SALES ONLY)
SkyHawke Technologies, LLC of 274 Commerce Park Drive, Ridgeland, MS
39157, (“SkyGolf”) provides a limited consumer hardware warranty to the
original registered consumer (non-commercial) user (the “Customer”) of this
SkyCaddie TOUCH product, who purchases the SkyCaddie TOUCH product
in an authorized United States sale, who is a resident of the United States at