User's Manual

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may not be used without a current SkyGolf 360 mobile application
installed on a compatible mobile, and no license is hereunder
granted thereto without a current SkyGolf 360 mobile application.
To the extent any of the SkyGolf Software is included in a SkyGolf 360
mobile application, you must separately purchase the SkyGolf 360
mobile application from the Apple App Store in the case of iOS
devices and Google Play in the case of Android devices, and the use and
license of such SkyGolf Software is subject to and governed by the
SkyGolf 360 mobile application license agreement. If you do not
purchase the SkyGolf 360 mobile application, you will not have
access to, and are not granted a license hereunder for, such SkyGolf
Software.
IMPORTANT NOTE ABOUT Mobile COMPATIBILITY: Any System
Requirements set forth on SkyCaddie Product packaging or otherwise are
minimum requirements only and compatibility with specific devices meeting
those System Requirements may vary. Additionally, Bluetooth, iOS and
Android systems change from time to time, and SkyHawke cannot
and does not guarantee that the Products will function properly or achieve
satisfactory performance in the event of an update to either Bluetooth, iOS
or Android systems.
Performance of Android-based devices varies from device to device and
from manufacturer to manufacturer. CONSEQUENTLY, SKYHAWKE
CANNOT AND DOES NOT GUARANTEE THAT THE PRODUCTS
WILL FUNCTION PROPERLY OR COMPLETELY WITH ANDROID-BASED
DEVICES. Any System Requirements set forth on SkyCaddie Product
packaging or otherwise are minimum requirements only and do not
constitute a representation that all Android-based devices meeting those
System Requirements will satisfactorily function with the Products.
SkyCaddie Product compatibility and performance varies when used
with Android-based devices, and some Android-based devices may not
be compatible with your SkyCaddie Product. A SkyGolf 360 mobile
application for Android devices may not be immediately available.
7) No Responsibility for GPS System — Use of the SkyGolf Software and
the SkyCaddie
®
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.
8) 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.
9) 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.
10) 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