0.0.I. END USER LICENSE AGREEMENT
TRUGOLF® E6 CONNECT™ GOLF SIMULATOR AND CHAMPIONSHIP COURSE SOFTWARE LICENSE
READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE (“ LICENSE ”) CAREFULLY. BY SIGNING BELOW AND USING THE TRUGOLF® E6 CONNECT™ GOLF SIMULATOR SOFTWARE AND ANY ADDITIONAL LICENSED COURSES (“ SOFTWARE ”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH INCLUDE YOUR LICENSE TO USE THE SOFTWARE AND A LIMITED WARRANTY.
YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE.
1. License to Use. The Software is licensed to you, not sold, under the terms of this License. TRUGOLF, INC. (“ TRUGOLF ”) grants you (“ Customer ”) the right to use the Software, in machine readable form, and the accompanying English language documentation, on the number of computers and the number of instances per computer for which you have paid the applicable license fee and obtained validation from a server operated on behalf of TRUGOLF (“ Program Key(s) ”) to enable the execution of the Software. The Software is “in use” when it is loaded into a computer’s temporary memory (RAM) or copied into permanent memory ( e.g. , a hard drive). You must have a separate license and Program Key for each computer which uses the Software. You are solely responsible for the proper installation, testing, integration, use and operation of the Software in accordance with its documentation and all applicable laws. You understand and agree that the Program Key(s) must be periodically renewed by connecting to TRUGOLF’s server, and that the Software may cease to operate after a failure to renew the Program Key(s).
2. Private and Commercial Use. The Software is licensed either for your personal, non-commercial use, or for your commercial use, depending upon the license fee paid.
3.Limitations on Use. YOU MAY NOT:
3.1 Copy, reproduce or transmit the Software or documentation, except for one (1) backup copy.
3.2 Use all or part of the intellectual property, i.e. name, logos, photos, course layout and design, or trademarks, of a licensed golf course to promote your products and/or services without prior written consent of the intellectual property owner.
3.3 Modify, adapt, translate, decompile, disassemble, decrypt, extract or otherwise reverse engineer the Software or Program Keys, or create derivative works from the Software.
4. Ownership. The Software and documentation, content accessed through the Software, all copies of the Software and documentation, and any software, firmware, codes, serial numbers or other identifiers used by the Program Key(s) to enable execution of the Software is owned by TRUGOLF or its licensors and is protected by US copyright, trademark and other intellectual property laws and international treaties. Rights not expressly granted are reserved to TRUGOLF and its licensors. Unauthorized use or copying of the Software, or failure to comply with this License, will result in automatic termination of the License and may subject you to civil and criminal penalties. You shall not, directly or indirectly, reverse engineer, decompile, or disassemble the Software or otherwise or attempt to derive the source code of the Software.
5. Data Collection and Storage. The Software operates in part by collecting and storing user data. When you use the Software, TRUGOLF may collect and process information about your identity, location, software usage, etc . You agree that TRUGOLF shall have the right to collect, store, and use any data you provide, either directly ( e.g. , by submitting information in a form, such as your name, age, gender, location, e-mail address, avatar, etc. ) or indirectly ( e.g. , by a sensor to interact with the Software, such as by simulating a golf swing, a ball’s flight path, etc. ). You agree that TRUGOLF may share such data to the extent you have granted permission ( e.g. , in social-media postings, contest results, etc. ). Your permission may be changed or revoked at any time by visiting your your privacy settings on TRUGOLF’s web site or any site ending in e6golf.com. However, you understand that by limiting TRUGOLF’s use of your data, some features or functionality of the Software may not be available ( e.g. , contest entries).
6. Customer Remedies. TRUGOLF’s entire liability and your exclusive remedy under this warranty will be the correction of defects in media or the replacement of media, or, if correction or replacement is not reasonably achievable by TRUGOLF, the refund to you of the license fee paid, upon return of the Software and documentation.
7. LIMITATION OF DAMAGES. IN NO EVENT WILL TRUGOLF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER RELATING TO THIS LICENSE OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST GOODWILL, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. SOME JURSIDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
8. WARRANTIES. THE SOFTWARE IS PROVIDED “AS IS.” TRUGOLF DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE SOFTWARE WHETHER EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
9. Confidentiality. The Software contains trade secrets and confidential and proprietary information of TRUGOLF and its licensors. You agree to take adequate steps to protect the Software from unauthorized disclosure or use.
10. Termination. This License is effective until terminated. You may terminate this License at any time by destroying your copies of the Software and documentation. This License will terminate immediately without notice from TRUGOLF if you fail to comply with any provision of this License.
11. Export. The Software and Program Key(s) are licensed for use in the US and its territories, or any other country to which the Software is legally exported. You certify that neither the Software, Program Key(s) nor any direct product thereof is being or will be exported or re-exported, directly or indirectly, to any country for which a validated license is required under such laws (including but not limited to any country determined by US export regulatory authorities to be a prohibited destination) without first obtaining such a validated license.
12. General Provisions. This License is made under and governed by the laws of the State of Utah, United States, excluding that body of law pertaining to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods, and further excepting those provisions of local law which are mandatory and which may not be waived or varied by the parties. Any provisions of this License held, in any jurisdiction, to be in violation of applicable law, void, or unenforceable are waived to the extent necessary for this License to be otherwise enforceable in such jurisdiction. This License is the entire agreement between you and TRUGOLF relating in any way to the Software, and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this License. No variation of the terms of this License or any different terms will be enforceable against TRUGOLF, except by an express writing signed by an officer of TRUGOLF. This Agreement may be translated into your native language if other than English for your convenience, provided, however, that in all events the English language text of this Agreement, as executed, shall constitute the governing text.
13. Dispute Resolution. All disputes under this License not otherwise resolved shall be submitted to arbitration under the rules of the American Arbitration Association (the “ AAA ”) or, by mutual consent, any other nationally or internationally recognized arbitration association., by a single arbitrator as we agree, or failing such agreement within thirty (30) days, by a panel of three arbitrators, one of whom shall be appointed by you, one shall be appointed by us, and the third shall be appointed by the other two, except that if no agreement is reached by on the third arbitrator within thirty (30) days, the third arbitrator shall be appointed by the President (or equivalent officer) of the AAA. The arbitration shall take place in Salt Lake City, Utah, and shall be conducted in the English language. The decision of the arbitrator(s) shall be binding upon the parties. Under no circumstances shall the arbitrator(s) have any authority to award punitive damages. Judgment on the arbitrator(s)’s award may be entered in any court having proper jurisdiction. The prevailing party shall be entitled to reimbursement of attorneys’ and other fees incurred in satisfying its judgment. We may, before or during any arbitration, apply to any court having jurisdiction for a temporary restraining order, preliminary injunction, injunctive decree, or other measures where we believe such relief is necessary to protect our interests or rights before the institution or pending completion of arbitration proceedings.
If you have questions regarding this License, please contact us in writing at:
60 North 1400 West
Centerville, UT 84014