IMPORTANT: READ CAREFULLY BEFORE INSTALLING SOFTWARE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INTELLIGOLF, INC. AND ITS SUPPLIERS (CUMULATIVELY HEREAFTER "INTELLIGOLF"). BY CLICKING ON THE "YES" (or similar) BUTTON AND USING THE IntelliGolf SOFTWARE (HEREAFTER "SOFTWARE"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK ON THE "No" (or similar) BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED.
IntelliGolf Software License Agreement
GRANT OF LICENSE. INTELLIGOLF grants to you a non-exclusive, non-transferable right to use the SOFTWARE on a single handheld computer or smartphone (e.g. Windows Mobile-based Pocket PC or Smartphone, Blackberry-, Nokia-, or Palm-smartphone, etc.) and on a single-user personal computer (e.g. Microsoft Windows or Macintosh-based personal computer). The SOFTWARE is in "use" on a computer when it, or any part of it, is loaded into temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk or other storage device) of that computer, or is being accessed and used via a network, network server or via the Internet. This license to use the SOFTWARE is conditioned upon your compliance with the terms and conditions of this agreement. This license is effective until terminated.
COPYRIGHT. The SOFTWARE is protected by United States copyright laws and international conventions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. book or musical recording), except that you may make one copy of the SOFTWARE solely for backup or archival purposes. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title, full ownership and all intellectual property rights to the SOFTWARE will remain the exclusive property of INTELLIGOLF, and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices that appear on and in the SOFTWARE.
OTHER RESTRICTIONS. You may not sublicense, rent, lease, loan, copy, distribute or transfer the SOFTWARE to another party or parties, and you may not reverse engineer, de-compile, disassemble, translate, or create derivative works based on the SOFTWARE except as stated in this agreement. You may however, permanently transfer all of your rights under this agreement only as part of a sale or transfer or your handheld and personal computer, provided that you retain no copies, you transfer all of the SOFTWARE, and the recipient agrees to the terms and conditions of this agreement. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
LIMITED WARRANTY. INTELLIGOLF warrants that, for a period of thirty (30) days from the original date of purchase, as verified by the original purchase receipt, the computer program(s) contained in the SOFTWARE will perform substantially in accordance with the accompanying Help files. This warranty only covers failures due to defects in materials or workmanship which occurred during normal use. This warranty does not cover damages caused by products not offered by INTELLIGOLF or failures which result from accident, misuse, abuse, neglect, mishandling, misapplication, alteration, modification, or commercial use of the product. Any implied warranty of the SOFTWARE is limited to thirty (30) days.
CUSTOMER REMEDIES. INTELLIGOLF's entire liability and your exclusive remedy shall be, at INTELLIGOLF's option, (a) to correct the error, (b) help you work around or avoid the error, or (c) to have your purchase price (less shipping, handling, and any taxes, or fees imposed) refunded to you within 30 days of purchase. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. THIS SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. INTELLIGOLF DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS. INTELLIGOLF DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. INTELLIGOLF DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. INTELLIGOLF MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL INTELLIGOLF, ITS RESELLERS, OR ITS AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF INTELLIGOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTELLIGOLF'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
POSSIBLE EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU ALSO MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portion of this license.
TERMINATION. You may terminate this license at any point by destroying the SOFTWARE together with all copies of the SOFTWARE. Also INTELLIGOLF has the option to terminate this license if you fail to comply with any term or condition of this agreement. You agree upon such termination to destroy the SOFTWARE together with all copies of the SOFTWARE.
EXPORT CONTROL. None of the SOFTWARE or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the SOFTWARE, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR supplement. Manufacture is INTELLIGOLF and can be reached at sales@IntelliGolf.com.
GOVERNING LAW. This Agreement is governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. Any action or proceeding brought by either party against the other arising our of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Sacramento, California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
ENTIRE AGREEMENT. This is the entire agreement between you and INTELLIGOLF, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. Should you have any questions concerning this license agreement please send an email to legal@IntelliGolf.com.
ACCEPTANCE. Use of the SOFTWARE indicates your understanding and acceptance of the terms and conditions of this agreement.
Note from INTELLIGOLF: Thank you for taking the time read and understand this license agreement. We appreciate your interest in IntelliGolf. Thank you and "Have a Great Round!"
IntelliGolf is a registered trademark of INTELLIGOLF. INC. IntelliGolf is copyrighted (1997-2012) by INTELLIGOLF, INC. All other trademarks may be the property of their respective owners.