User's Manual

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e. This License Agreement is effective until expiration, unless sooner
terminated by Licensor. To the extent this License Agreement
includes the licensing of Software or other components also licensed
in connection with a SkyGolf Membership Plan (including access to
SkyGolf course maps and to advanced course management
features) and/or a SkyGolf 360 mobile application (including
statistical analysis and storing of playing information), this License
Agreement with respect to such Software or other components
expires simultaneously with the expiration of such Membership Plan
or mobile application. 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.
f. Notwithstanding any provision to the contrary herein, the license
granted hereunder shall only apply to the extent the SkyCaddie
Product on which the SkyGolf Software is installed was purchased by
you in an authorized United States sale, you were a United States
resident at the time you purchased the SkyCaddie Product and you
registered the SkyCaddie Product using your bona fide U.S. address.
Post office boxes or other similar addresses shall not qualify as a
bona fide U.S. address, and addresses obtained, rented or leased
from third parties for the purpose of receiving product for subsequent
delivery outside the U.S. shall not qualify as a bona fide U.S. address.
In the event you did not purchase the SkyCaddie Product in an
authorized U.S. sale or were not a U.S. resident at the time of
purchase or do not have a U.S. address, no license is granted to the
SkyGolf Software, but you may contact SkyGolf Customer Service at
[e-mail] for options to purchase a license
applicable to your country of residence.
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, OR FOR SUBSCRIPTION FEES PAID FOR
SKYGOLF COURSE MAP DATABASES. IN NO EVENT SHALL
LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR
ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU
FOR USE OF THE 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 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 ANY SKYCADDIE
®
PRODUCT,