User's Manual

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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
the SkyCaddie
®
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 United States 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 the
SkyCaddie
®
Product and related accessories may be restricted by the
laws of countries other than the country in which the SkyCaddie
®
Product and related accessories are purchased, which shall be deemed
to be the United States. If you intend to use the SkyCaddie
®
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
the SkyCaddie
®
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 - Suite M, Ridgeland, MS 39157.
5) Requirement to Purchase a SkyCaddie
®
Membership Plan — Some or all
of the SkyGolf Software (including access to SkyGolf course maps and
advanced course management features) may not be used without a
current SkyCaddie
®
Membership Plan, and no license is hereunder granted
thereto without a current SkyGolf
®
Membership Plan. To the extent any of
the SkyGolf Software is included in a SkyCaddie
®
Membership Plan, you
must separately purchase the SkyCaddie
®
Membership Plan, and the
use and license of such SkyGolf Software is subject to and governed by
the SkyCaddie
®
Membership Plan and any license agreement in
connection with such Membership Plan. If you do not purchase the
SkyCaddie
®
Membership Plan, you will not have access to, and are not
granted a license hereunder for, such SkyGolf Software.
6) Requirement to Purchase of a SkyGolf 360 Mobile Application —
Some or all features of the SkyCaddie Product and/or the SkyCaddie
Software (including statistical analysis and storing of playing information)