The following Consumer Limited Warranty and End User License Agreement apply to your use of the SkyTrak.
CONSUMER LIMITED WARRANTY SKYTRAK PRODUCTS
Authorized U.S. and Canada Units Only
GOLFTEC ST, LLC d/b/a SkyTrak, of 67 Inverness Drive East, Suite A, Englewood, CO 80112, (“SkyTrak”) or the (“Company”) provides a limited consumer hardware warranty to the original consumer (non- commercial) user (the “Customer”) of this SkyTrak product. This limited warranty is non-transferable and does not extend to product used in any manner other than by an individual consumer in a non-commercial use, all other warranties are excluded as provided below.
WARNING: Golf can be a dangerous activity. When swinging a golf club or hitting a golf ball make sure you have ample space to do so without harming others or damaging property, and when indoors, take additional precaution to avoid hitting the ceiling. ALWAYS USE YOUR SKYTRAK PRODUCT IN A SAFE AREA, AWAY FROM PEOPLE, ESPECIALLY SMALL CHILDREN, AND PROPERTY. WHEN HITTING GOLF BALLS INDOORS, INCLUDING YOUR GARAGE, ALWAYS USE A SAFETY NET SPECIFICALLY DESIGNED FOR USE WITH GOLF
BALLS. Failure to follow these precautions can lead to serious injury or death to persons and damage to property.
When setting up your SkyTrak system for use, the SkyTrak device, your smartphone, tablet or computer and any playback device like your television, should be placed safely away from your hitting area and preferably safely to the side and behind the golf ball to prevent the golf club or golf ball, especially errantly hit golf balls, from damaging these devices.
SkyTrak assumes no liability or responsibility for the failure of the user to follow these precautions.
Subject to the exclusions, limitations, and conditions stated below, SkyTrak warrants that this SkyTrak product will be free from defects in workmanship and materials, under normal consumer (non-commercial) use, for the lesser of (1) a period of six (6) months from the original purchase date or (2) a total of 50,000 shots taken on the SkyTrak product.
Available Extended Warranty Upgrade:
At the time of registration but within thirty (30) days of original purchase, Consumers may optionally purchase a limited warranty upgrade to the lesser of (1) six (6) months from the original purchase date
or (2) a total of 50,000 shots taken on the SkyTrak product. The extended warranty does not include accessories and components.
Limitations and Exclusitions:
This warranty excludes (1) cosmetic or physical damage to the surface of the product, including cracks or scratches; (2) normal wear and tear, (3) damage caused by misuse, neglect, improper installation or testing, unauthorized attempts to modify the product, attempted servicing by anyone other than an
authorized service representative of SkyTrak or any other cause beyond the range of the intended use; (4) damage caused by accident, fire, water or liquids, power changes, other hazards, or acts of God; (5) use of the product with any non-SkyTrak component, such as chargers or connection cables, or service if such component or service causes the problem; (6) use of this product for any non-consumer, commercial
or rental purpose; (7) damage caused by a golf ball or golf club or the failure to use a properly placed safety net, golf hitting mat or an authorized SkyTrak protective case (8) software installed on or with this SkyTrak product or any other device, such as smartphones, tablets or computers. Any third-party products, including software included with this SkyTrak product, are not covered by this Consumer Limited Warranty, and the Company makes no representations or warranties on behalf of such third parties. Any warranty on such third party products is from the supplier or licensor of the third-party product.
Important: Do not open the SkyTrak case. Opening the SkyTrak case may cause damage that is not covered by this warranty. Only SkyTrak or an authorized SkyTrak service center should perform service on this SkyTrak product. Opening the SkyTrak case shall void this warranty.
Exclusive Remedies and Procedure
SkyTrak’s total obligation under this warranty shall be, at SkyTrak’s sole discretion, to repair or replace the product or part with a comparable product or part, or if neither repair nor replacement is reasonably available, SkyTrak may refund to Customer the purchase price paid for the product or part. Replacement
products or parts may be new or reconditioned. Parts removed by SkyTrak shall become the sole property of SkyTrak.
To obtain warranty service for SkyTrak products, the Customer must contact the SkyTrak customer service center noted below for a return authorization code, and return the unit shipping prepaid, with proof of the date of original purchase and return authorization code. Shipping labels must contain the return authorization code. ANY shipments sent for warranty service WITHOUT the appropriate return authorization code will be refused and returned to Customer at Customer’s expense. SkyTrak will not be
responsible for any loss or damage to the product incurred while the product is in transit from Customer for repairs. Customer should, as a precaution, purchase adequate insurance for the unit while it is in transit.
SkyTrak’s repair or replacement of defective parts does not extend the term of this Limited Warranty, which shall expire upon the expiration of the applicable Consumer Limited Warranty period from the date of original purchase.
|Country of Purchase
|Customer Service Contact
|For Return Shipping
|United States and Canada
Call 1-833-SKYTRAK or
1-833-759-8725 to initiate the return process
No oral or written information or advice given by SkyTrak or its dealers, distributors, employees or agents shall in any way extend, modify or add to this Limited Warranty.
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
THIS SKYTRAK PRODUCT IS NOT WARRANTED FOR COMMERCIAL, NON-CONSUMER, USE. WITH RESPECT TO COMMERCIAL USE OF THIS SKYTRAK PRODUCT, SKYTRAK MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL SKYTRAK BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
SKYTRAK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR INJURY OR DAMAGE CAUSED BY SWINGING A GOLF CLUB OR BY A HIT GOLF BALL, AND THE USER ASSUMES ALL RESPONSIBILITY TO INSURE THE PROPER AND SAFE SETUP AND USE OF THE SKYTRAK SYSTEM.
EVEN IF SKYTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SKYTRAK’S ENTIRE LIABILITY SHALL BE LIMITED TO COSTS OF REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT THE SOLE OPTION OF THE COMPANY.
Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied or expressed warranty, so the above limitations or exclusions may not apply to you. This warranty may give you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.
Any System Requirements set forth on SkyTrak packaging or otherwise relating to SkyTrak products that communicate with or connect to mobile devices, whether iOS, Android™ or other, are minimum requirements only and compatibility with specific devices meeting those System Requirements may
vary by mobile device and its operating system, which changes often and outside the control of SkyTrak. Accordingly, SkyTrak does not warrant that your SkyTrak product will function properly or achieve satisfactory performance while connecting via iOS or Android devices.
SPECIAL NOTE ABOUT ANDROID DEVICES: Performance of Android-based devices varies from device to device and from manufacturer to manufacturer. Consequently, SkyTrak CANNOT AND DOES NOT GUARANTEE THAT THE PRODUCTS WILL FUNCTION PROPERLY OR COMPLETELY WITH ANDROID-BASED DEVICES.
ALL WARRANTIES WITH RESPECT TO YOUR SKYTRAK PRODUCT SHALL BE LIMITED BY THE FOREGOING COMPATIBILITY RESTRICTIONS. To see a list of currently compatible mobile devices, go to www.skytrakgolf.com.
This Consumer Limited Warranty shall be governed by the laws of the United Kingdom, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.
PRODUCT USE AND LICENSE AGREEMENT
(Authorized U.S. and Canada Sales Only) PLEASE READ CAREFULLY THE LICENSE
AGREEMENT BELOW BEFORE USING THIS PRODUCT!
WARNING! PROCEEDING WITH USE OF THE SKYTRAK PRODUCT CONTAINED WITHIN THE PACKAGE THAT INCLUDES THIS LICENSE AGREEMENT (SUCH SKYTRAK PRODUCT, TOGETHER WITH ITS EMBEDDED SOFTWARE IS REFERRED TO AS THE “SKYTRAK PRODUCT”) OR THE INSTALLATION ON A PERSONAL COMPUTER OR A SMARTPHONE, TABLET COMPUTER OR OTHER MOBILE DEVICE OF SOFTWARE ASSOCIATED WITH THE SKYTRAK PRODUCT (SUCH SOFTWARE AND THE SKYTRAK PRODUCT ARE SOMETIMES SINGLY AND COLLECTIVELY REFERRED TO AS THE “PRODUCTS”) INDICATES YOUR ACCEPTANCE OF THESE LICENSING TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE OR INSTALL THE PRODUCTS, AND YOU SHOULD RETURN THE PACKAGE CONTAINING THE PRODUCTS TO THE POINT OF PURCHASE WITH A DATED RECEIPT WITHIN THIRTY (30) DAYS TO APPLY FOR A REFUND.If you purchased the Products directly from SkyTrak via SkyTrak’s Internet web site, then you should contact the Customer Service department at firstname.lastname@example.org to apply for and arrange for a refund of your purchase within thirty (30) days of original purchase.
IMPORTANT: The license granted hereunder applies only where the SkyTrak Product is purchased by you in an authorized European Union/U.K. sale, you were a resident of an E.U. member state or the U.K. at the time you purchased the SkyTrak Product and you registered the SkyTrak Product using your bona fide E.U. member state or U.K. address. In the event you did not purchase the SkyTrak Product in an authorized E.U./U.K. sale or were not a resident of an E.U. member state or the U.K. at the time of purchase or do not have an address in anE.U. member state or U.K., no license is granted with respect to the Products, and you should contact SkyTrak Customer Service at email@example.com to apply for and arrange for a refund of your purchase within thirty (30) days of original purchase. An authorized E.U. sale means a transaction in which SkyHawke Tecnologies UK, Ltd. (“SkyHawke”), the exclusive distributor of the SkyTrak product in the U.K. and the E.U., or an authorized reseller of SkyHawke sold you the SkyTrak product.
This License Agreement (this “License Agreement”) is a legal agreement between you and SkyTrak, (“Licensor”). By using or installing the Products, you acknowledge and agree that you have read, understood and agreed to this License Agreement and that this License Agreement is enforceable like any written negotiated agreement signed by you. Any and all software (including any embedded software, drivers, enhancements, revisions, downloads, modifications or updates), documentation and any fonts, whether on disk, in read only memory, on any other media or in any other form, that either came with the SkyTrak Product or is downloaded or provided in connection with the SkyTrak Product or a SkyTrak Subscripton Plan (collectively, the “SkyTrak Software” or “Software”) are licensed, not sold, to you by Licensor for use only under the terms of this License Agreement, and Licensor reserves all rights not expressly granted to you.
1. Grant of License — Licensor provides limited access to the SkyTrak Software and, in connection therewith, the SkyTrak internet web site, and grants a limited license for their use under the terms of this License Agreement and, if separately purchased, the terms of your SkyTrak Subscription Plan. To the extent this License Agreement includes the licensing of Software or other components also licensed in connection with a SkyTrak Subscription Plan, you will lose access to such Software and other components on expiration of the term of your SkyTrak Subscription Plan if not timely renewed. If you do not purchase a SkyTrak Subscription Plan, or if you purchase a Registration Only Subscription Plan, the license granted hereunder shall be limited in scope to the use of the SkyTrak Software solely in connection with the basic driving range, and shall not include a license to use the SkyTrak Software in connection with any other features or functionality of the SkyTrak Software. Licensor reserves the right to stop offering SkyTrak Subscription Plans and/or renewals, and to remove or limit the features or functionality of SkyTrak Subscription Plans, at any time without notice. Additionally, some features or functionality of SkyTrak Subscription Plans, are dependent on licenses and agreements with third party providers, and Licensor reserves the right to remove from SkyTrak Subscription Plans or not offer such third party provided features or functionality in the event Licensor’s agreement with such third party providers expires, terminates or is not renewed for any reason.
a. Subject to paragraph 5 below and the other terms of this License Agreement, you are granted a nontransferable, non-exclusive license to use the SkyTrak Software under the terms stated in this License Agreement and, if purchased separately, the terms stated in your SkyTrak Subscription Plan License Agreement for solely personal noncommercial use in connection with the single SkyTrak Title, ownership and copyright of the SkyTrak Software and any scores, statistics and other information stored remain with, the Licensor. The rights granted herein are limited to the use of the SkyTrak Software account in accordance with this License Agreement, and do not include any rights in any patents or other intellectual property rights of Licensor.
b. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, de-compile, re-compile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works or translations of the SkyTrak Software and other software downloaded from the Licensor’s web site may not be used with, transferred or transmitted to any other hardware, software, or any other user or medium, except to the single SkyTrak Product which is registered in your name (or the name of a transferee authorized by Licensor) for personal noncommercial use in accordance with this License Agreement.
c. You may not assign, distribute, lease, rent, lend, sublicense, or transfer this license to the SkyTrak Software or any of their modules or components, except as provided herein or by item (b) above, or disclose the SkyTrak Software to any other person or entity, or otherwise offer access to or use of, the SkyTrak Software via the Internet or via any other network which is available to or accessible by third Any attempt to do so is a violation of the rights of Licensor and its licensors of the SkyTrak Software. If you breach this restriction, you may be subject to prosecution and damages. You may, however, make a one-time permanent transfer of all of your license rights to the SkyTrak Software to another party in connection with the transfer of ownership of the SkyTrak Product, provided that: (a) the transfer must include the SkyTrak Product and all of the SkyTrak Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the SkyTrak Software, full or partial, including copies stored on a computer or other storage device; (c) the party receiving the SkyTrak Software reads and agrees to accept the terms and conditions of this License and (d) the transfer is not of a commercial nature. You agree to reasonably cooperate with Licensor in inquiries by Licensor regarding your downloading of SkyTrak Software.
d. You agree that Licensor may, from time to time, send communications to you regarding (i) your SkyTrak Product, (ii) the SkyTrak Software, (iii) other notifications relevant to the SkyTrak Product you have registered with Licensor, and (iv) special product or service promotions or offers. These communications may come from either Licensor directly or through third parties providing member benefit services for Licensor. This permission supersedes any previous opt outs by you.
e. This License Agreement is effective until expiration, unless sooner terminated by To the extent this License Agreement includes the licensing of Software or other components also licensed in connection with a SkyTrak Subscription Plan, this License Agreement with respect to such Software or other components expires simultaneously with the expiration of such Subscription Plan or mobile application, respectively. 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 SkyTrak 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 SkyTrak Product on which the SkyTrak Software is installed was purchased by you in an authorized European Union/U.K. sale, you were a resident of an E.U. member state or the U.K. at the time you purchased the SkyTrak Product and you registered the SkyTrak Product using your bona fide E.U. member state or U.K.address. Postal boxes or other similar addresses shall not qualify as a bona fide E.U. member state or U.K. address, and addresses obtained, rented or leased from third parties for the purpose of receiving product for subsequent delivery outside the E.U. or U.K. shall not qualify as a bona fide E.U. member state/U.K. address. In the event you did not purchase the SkyTrak Product in an authorized E.U. sale or were not a E.U. member state or U.K. resident at the time of purchase or do not have an E.U. member state or U.K. address, no license is granted to the SkyTrak Software, and if you purchased the SkyTrak Product directly from Licensor via the Licensor’s Internet web site, then you should contact the Customer Service department at firstname.lastname@example.org to apply for and arrange for a refund of your purchase within thirty (30) days of original purchase. In the event you did not purchase the SkyTrak Product in an authorized E.U./U.K. sale, were not a E.U. member state or U.K. resident at the time of purchase or do not have an E. U. member state or U.K. address and you did not purchase the SkyTrak Product directly from Licensor, then you should contact the seller.
2. LIMITATION OF LIABILITY
LICENSOR PROVIDES THE SKYTRAK 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 SKYTRAK SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR SKYTRAK SOFTWARE, OR FOR SUBSCRIPTION FEES PAID FOR PREMIUM SERVICES. 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 SKYTRAK PRODUCT, SKYTRAK 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 SKYTRAK 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 SKYTRAK 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 SkyTrak is at your own risk.
3. Export Control — You may not use or otherwise export or re-export the SkyTrak Software except as authorized by applicable In particular, but without limitation, the SkyTrak Software may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on a governmental agency’s list of persons to whom export is restricted. By using the SkyTrak 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 SkyTrak Software for any purposes prohibited by 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 SkyTrak Product and related accessories may be restricted by the laws of countries other than the country in which the SkyTrak Product and related accessories may be found. You are solely responsible for determining whether use of all features and functionality of the SkyTrak Product and related accessories are permitted in any country.
4. US. Government Restricted Rights (if applicable) — The SkyTrak Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. 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 SkyTrak, 67 Inverness Drive East, Suite A Englewood, CO 80112.
5. Requirement to Purchase a SkyTrak Software Application and Relationship to Apple, and/ or Google — The SkyTrak Product will not be functional except when used in connection with a SkyTrak Software Application purchased through the Apple App Store or Google Play and installed on a compatible mobile device. The Apple App Store is a service of Apple, Inc. and Google Play is a service of Google, Inc, and neither is a service of Licensor. Licensor has no control over, and shall have no responsibility or liability for, operation of, or the inability to access, the Apple App Store or Google Play or download software or other applications from the Apple App Store or Google Play. This License Agreement, and your use of the SkyTrak Product and the SkyTrak Software, is subject to any license or usage agreement you entered in connection with the purchase, download, installation or use of any software application purchased through the Apple App Store or Google Play. With respect to SkyTrak Software that constitutes a SkyTrak Software Application purchased, downloaded, installed or otherwise obtained through the Apple App Store or Google Play (each of which is hereafter referred to as the “App Service Provider”), the following additional terms and conditions apply:
a. This License Agreement is an agreement between you and Licensor only, but the App Service Provider (including its subsidiaries) is a third party beneficiary hereto and shall have the right (and will be deemed to have accepted the right) to enforce this License Agreement as a third party beneficiary hereof.
b. Licensor, and not the App Service Provider, is solely responsible for the SkyTrak Software Application and the content thereof. Licensor, and not the App Service Provider, is solely responsible for maintenance of the SkyTrak Software Application; provided, however, the foregoing shall not require Licensor to perform maintenance with respect to the SkyTrak Software Application beyond that which Licensor otherwise expressly agrees to in this License Agreement or as required by applicable For the avoidance of doubt, the App Service Provider shall have no responsibility to maintain the SkyTrak Software Application.
c. Notwithstanding any other provision in this License Agreement to the contrary, the license granted hereby to you for use of the SkyTrak Software Application is further limited to a non-transferrable license to use the SkyTrak Software Application on a compatible mobile device that you own or control and as permitted by the Usage Rules set forth in the App Service Provider Terms of Service.
d. Licensor, and not the App Service Provider, is solely responsible for any warranty that is provided to you by Licensor and otherwise not disclaimed with respect to the SkyTrak Software Application. The foregoing sentence is meant solely as an allocation of responsibility between Licensor and the App Service Provider and shall not be construed as creating, extending or otherwise modifying any warranty or disclaimer of warranty set forth in this License Agreement. For the avoidance of doubt, Licensor’s warranty for the SkyTrak Software Application is limited as set forth in Section 2 of this License Agreement and nothing in this Section 5 (d) shall alter, modify or otherwise affect such In the event the SkyTrak Software Application fails, within the warranty period, to conform to any applicable warranty which has not been properly disclaimed, you should promptly, and within the warranty period, notify the App Service Provider. To the extent permitted by applicable law, the App Service Provider’s sole warranty responsibility with respect to such nonconforming SkyTrak Software Application shall be to refund to you the purchase price, if any, of such nonconforming SkyTrak Software Application.
e. Licensor, and not the App Service Provider, is solely responsible for addressing any claims relating to the SkyTrak Software Application or your possession and/or use of the SkyTrak Software Application, including, but not limited to, product liability claims, any claims that the SkyTrak Software Application fails to conform to applicable legal or regulatory requirements and claims under any consumer protection or similar The foregoing sentence is meant solely as an allocation of responsibility between Licensor and the App Service Provider and shall not be construed as creating or extending liability to Licensor with respect to the SkyTrak Software Application, including, without limitation, liability for the types of claims identified in the foregoing sentence. For the avoidance of doubt, Licensor’s liability for any claims, including the types of claims identified above, is limited as set forth in Section 2 of this License Agreement.
f. The developer of the SkyTrak Software Application is SkyTrak, 67 Inverness Drive East, Suite A, Englewood, CO 80112. For questions, claims or complaints about the SkyTrak Software Application, please contact Licensor’s Customer Service department at email@example.com.
6. Requirement to Purchase a SkyTrak Subscription Plan — Some or all of the SkyTrak Software may not be used without a current SkyTrak Subscription Plan, and no license is hereunder granted thereto without a current SkyTrak Subscription To the extent any of the SkyTrak Software is included in a SkyTrak Subscription Plan, you must separately purchase the SkyTrak Subscription Plan, and the use and license of such SkyTrak Software is subject to and governed by the SkyTrak Subscription Plan and any license agreement in connection with such Subscription Plan. If you do not purchase the SkyTrak Subscription Plan, you will not have access to, and are not granted a license hereunder for such SkyTrak Software, and the license granted hereunder shall be limited in scope to the use of the SkyTrak Software solely in connection with the basic driving range. Any features of the SkyTrak Software, other than the basic driving range, that comes pre-loaded on your SkyTrak Product are for limited time trial only and may be removed at SkyTrak’s discretion if a SkyTrak Subscription Plan is not purchased.
7. 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.
8. Choice of Law — This License Agreement is governed by the laws of the State of Colorado, without regard to the principles of conflict of laws. You acknowledge that the Software and updates licensed under this License Agreement are provided through computer servers maintained in the State of Colorado, USA and that such jurisdiction has a significant and meaningful connection with the transaction in which you obtained such Software and This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue in full force and effect to the fullest extent permitted by law.
9. Complete Agreement — This License Agreement, together with any license agreement you entered in connection with a SkyTrak Subscription Plan constitutes the entire agreement between the parties with respect to the use of the SkyTrak Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License Agreement will be binding unless in writing and signed by Licensor or unless posted on Licensor’s Any translation of this License Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.
10. Beta Test Features — One or more features of the Products (including software applications used in connection with the SkyTrak Product) may be in beta test mode (the “beta features”). The use and continuation of these beta features are subject to this License As a beta tester, you are invited to use the beta features.
The beta features are provided “AS IS” and “AS AVAILABLE,” and we make no warranty of any kind, express or implied, with respect to the beta features. By using the beta features, you agree that (i) use of the beta features is at your own risk and for the purpose of evaluating the features and identifying errors, (ii) the beta features may include known and unknown bugs and (iii) Licensor may discontinue or modify the beta features at any time and from time to time. Licensor makes no guarantee that the beta features will ever be released from beta testing as a full feature for use with the SkyTrak Product. The beta features may initially be provided free of charge. Licensor may, at any time, discontinue any such free use and may, at any time and from time to time, make access to or use of the beta features (and the features upon full release) subject to payment of additional fees or costs.