|
IMPORTANT-READ CAREFULLY: This End-User License Agreement
("EULA") is a legal agreement between you (either an individual or a
single entity) and C K Golf for the C K Golf software that accompanies
this EULA, which includes computer software and may include associated
media, printed materials, "online" or electronic documentation, and
Internet-based services ("Software"). An amendment or addendum to this
EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF
THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU
DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT
TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. C K Golf grants you the following rights provided
that you comply with all terms and conditions of this EULA:
2. DESCRIPTION OF RIGHTS AND LIMITATIONS
2.1 Digital Rights Management. Content providers are using the digital
rights management technology contained in this Software ("DRM") to protect
the integrity of their content ( "Secure Content") so that their
intellectual property, including copyright, in such content is not
misappropriated. Portions of this Software and third party applications
such as media players use DRM to play Secure Content ("DRM Software"). If
the DRM Software's security has been compromised, owners of Secure Content
("Secure Content Owners") may request that C K Golf revoke the DRM
Software's right to copy, display and/or play Secure Content. Revocation
does not alter the DRM Software's ability to play unprotected content. A
list of revoked DRM Software is sent to your computer whenever you
download a license for Secure Content from the Internet. You therefore
agree that C K Golf may, in conjunction with such license, also download
revocation lists onto your computer on behalf of Secure Content Owners. C
K Golf will not retrieve any personally identifiable information, or any
other information, from your computer by downloading such revocation
lists. Secure Content Owners may also require you to upgrade some of the
DRM components in this Software ("DRM Upgrades") before accessing their
content. When you attempt to play such content, C K Golf DRM Software will
notify you that a DRM Upgrade is required and then ask for your consent
before the DRM Upgrade is downloaded. Third party DRM Software may do the
same. If you decline the upgrade, you will not be able to access content
that requires the DRM Upgrade; however, you will still be able to access
unprotected content and Secure Content that does not require the upgrade.
3. RESERVATION OF RIGHTS AND OWNERSHIP. C K Golf reserves all rights not
expressly granted to you in this EULA. The Software is protected by
copyright and other intellectual property laws and treaties. C K Golf or
its suppliers own the title, copyright, and other intellectual property
rights in the Software. The Software is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You
may not reverse engineer, decompile, or disassemble the Software, except
and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that C K Golf and its affiliates may
collect and use technical information gathered as part of the product
support services provided to you, if any, related to the Software. C K
Golf may use this information solely to improve our products or to provide
customized services or technologies to you and will not disclose this
information in a form that personally identifies you.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates,
supplements, add-on components, or Internet-based services components, of
the Software that C K Golf may provide to you or make available to you
after the date you obtain your initial copy of the Software, unless we
provide other terms along with the update, supplement, add-on component,
or Internet-based services component. C K Golf reserves the right to
discontinue any Internet-based services provided to you or made available
to you through the use of the Software.
8. UPGRADES. To use Software identified as an upgrade, you must first be
licensed for the software identified by C K Golf as eligible for the
upgrade. After upgrading, you may no longer use the software that formed
the basis for your upgrade eligibility.
9. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR,"
may not be sold or otherwise transferred for value, or used for any
purpose other than demonstration, test or evaluation.
10. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to
UK export jurisdiction. You agree to comply with all applicable
international and national laws that apply to the Software.
11. SOFTWARE TRANSFER. Internal. You may move the Software to a different
Workstation Computer. After the transfer, you must completely remove the
Software from the former Workstation Computer. Transfer to Third Party.
The initial user of the Software may make a one-time permanent transfer of
this EULA and Software to another end user, provided the initial user
retains no copies of the Software. This transfer must include all of the
Software (including all component parts, the media and printed materials,
any upgrades, this EULA, and, if applicable, the Certificate of
Authenticity). The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving the Software
must agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights, C K Golf may
terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the Software and
all of its component parts.
13. LIMITED WARRANTY. C K Golf warrants that the Software will perform
substantially in accordance with the accompanying materials for a period
of thirty (30) days from the date of receipt. If an implied warranty or
condition is created by your state /jurisdiction and federal or
state/provincial law prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY Thirty DAYS). AS TO ANY DEFECTS DISCOVERED AFTER
THE Thirty-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, provided to you after the
expiration of the thirty day Limited Warranty period are not covered by
any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive
remedy for any breach of this Limited Warranty is as set forth below.
Except for any refund elected by C K Golf, YOU ARE NOT ENTITLED TO ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the
Software does not meet C K Golf's Limited Warranty, and, to the maximum
extent allowed by applicable law, even if any remedy fails of its
essential purpose. The terms of Section 17 ("Exclusion of Incidental,
Consequential and Certain Other Damages") are also incorporated into this
Limited Warranty. Some states /jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you. This Limited Warranty gives you
specific legal rights. You may have other rights which vary from
state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. C K
Golf's and its suppliers' entire liability and your exclusive remedy for
any breach of this Limited Warranty or for any other breach of this EULA
or for any other liability relating to the Software shall be, at C K
Golf's option from time to time exercised subject to applicable law, (a)
return of the amount paid (if any) for the Software, or (b) repair or
replacement of the Software, that does not meet this Limited Warranty and
that is returned to C K Golf with a copy of your receipt. You will receive
the remedy elected by C K Golf without charge, except that you are
responsible for any expenses you may incur (e.g. cost of shipping the
Software to C K Golf). This Limited Warranty is void if failure of the
Software has resulted from accident, abuse, misapplication, abnormal use
or a virus. Any replacement Software will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is longer,
and C K Golf will use commercially reasonable efforts to provide your
remedy within a commercially reasonable time of your compliance with C K
Golf's warranty remedy procedures. Outside the United Kingdom, neither
these remedies nor any product support services offered by C K Golf are
available without proof of purchase from an authorized international
source.
14. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is
the only express warranty made to you and is provided in lieu of any other
express warranties or similar obligations (if any) created by any
advertising, documentation, packaging, or other communications. Except for
the Limited Warranty and to the maximum extent permitted by applicable
law, C K Golf and its suppliers provide the Software and support services
(if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, whether express, implied or statutory,
including, but not limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular purpose, of
reliability or availability, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the Software, and the provision of or
failure to provide support or other services, information, software, and
related content through the Software or otherwise arising out of the use
of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL C K Golf
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE,
FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE
OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR
IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE
FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY OF C K Golf OR ANY SUPPLIER, AND
EVEN IF C K Golf OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
16. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that
you might incur for any reason whatsoever (including, without limitation,
all damages referenced herein and all direct or general damages in
contract or anything else), the entire liability of C K Golf and any of
its suppliers under any provision of this EULA and your exclusive remedy
hereunder (except for any remedy of repair or replacement elected by C K
Golf with respect to any breach of the Limited Warranty) shall be limited
to the greater of the actual damages you incur in reasonable reliance on
the Software up to the amount actually paid by you for the Software or
US$5.00. The foregoing limitations, exclusions and disclaimers shall apply
to the maximum extent permitted by applicable law, even if any remedy
fails its essential purpose.
17. APPLICABLE LAW. This EULA is governed by the laws of the United
Kingdom regardless of where you acquired the software.
18. If you have obtained this software from anywhere other than
agolfswing.com or one of our affiliates, then you have illegal
merchandise. Please desist from using this software. Whilst we cannot
police all illegal downloads, we can and will pray for your untimely and
painful death and a visitation of the plague upon you and your descendants
from now until eternity.
19. If you have obtained this software legitimately from agolfswing.com
or one of our affiliates,
then may all you hold dear and close to your heart be bountiful and may all your best hopes,
wishes and dreams come true all at once.
20. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) is the entire
agreement between you and C K Golf relating to the Software and the
support services (if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and representations with respect
to the Software or any other subject matter covered by this EULA. To the
extent the terms of any C K Golf policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA shall
control. If any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full
force and effect.
Should you have any questions concerning this EULA, or if you desire to
contact C K Golf for any reason, please use the address information
enclosed in this Software to contact C K Golf or visit C K Golf on the
World Wide Web at http://www.agolfswing.com
|
