PERPETUAL SOFTWARE LICENSE
Incredible Technologies, Inc. (“IT,”) hereby offers you (“Licensee”) the right to install and use certain copyrighted computer software produced by IT
under the following terms and conditions. This License shall govern the use of the software known as “Golden Tee GOLF Home Edition” (“Update”)
either as supplied installed on an IT Golden Tee GOLF Home Edition cabinet or when applied as an update to pre-existing Golden Tee GOLF-equipped
hardware (either form of cabinet collectively “GT Cabinets”) equipped with an earlier version of any other IT software, including but not limited to
previous versions of the Golden Tee GOLF Home Edition software (“Prior Version.”)
1) Licensing Fee
The Licensing Fee (“LF”) shall be as follows:
•US$0.00 (Zero United States Dollars and zerocents.)
2) Term
The License shall be valid on the first date that both the LF is paid for the Update and it is installed on a GT Cabinet. If the Update has been offered or
sold to you under the terms of a Term Software License, the terms of this License shall become applicable if and when the Term Software License
terminates in favor of this Perpetual Software License, as set forth in the Term Software License. The term shall be perpetual and throughout the
Universe for the Update on the GT Cabinet upon which it is installed at the time the LF is paid. Updates are not transferrable to any other GT Cabinet,
for any reason. If a GT Cabinet with an Update is destroyed or otherwise taken out of operation, this License shall terminate.
3) License Rights
Licensee shall have the right to utilize the Update on authorized GT Cabinets in the normal course of business and as controlled by the Rules of ITNet,
as set forth in a separate “Operator Agreement” document, the terms and conditions of which, where not conflicting with the terms and conditions herein,
are hereby incorporated by reference. Updates may only be operated on GT Cabinets which are installed in commercial locations, as that term is defined
by IT, and to which there is general access by all parties with a general right to enter the location where the GT Cabinet is operated.
4) Legal Operation
Updates include various features which may not be lawful to operate in any given jurisdiction. No provision of any feature, or its licensure to Licensee
under the terms herein shall be deemed as advice that operation of that feature is lawful or not lawful in any given jurisdiction. Licensee shall make
reasonable efforts to disable any user-adjustable feature which they know or should have known as not lawful to operate in the location where a GT
Cabinet with an Update is being operated.
5) Termination and Rollback
In the event that this License is terminated for whatever reason, Licensee shall have absolutely no right to operate any GT Cabinet upon which an
Update has been installed. IT reserves the absolute right, at its sole discretion, to terminate the operation of any GT Cabinet upon which an unlicensed
Update is installed. If Licensee wishes to restore such a GT Cabinet to operating condition without acquiring a new License for the Update, IT will roll-
back that GT Cabinet, at no charge to the Licensee, to the Prior Version upon return (at Licensee’s expense) of the required hardware to IT’s service
center.
6) Governing Law and Jurisdiction
The validity and construction of this License and of the rights and obligations set forth herein shall be determined and governed by the laws of the State
of Illinois. The parties hereby submit to the Jurisdiction of any state or federal court in Cook County Illinois. Licensees operating outside the borders of
the United States of America, regardless of their citizenship or residency, explicitly agree to allow any assets they may have in the USA or any other
foreign country to be attached, garnished, forfeited or otherwise reached by any legal act if, after due process of law, they are found to be liable to IT for
damages by reason of breach of this License.
7) Warranty
If the Licensee discovers any physical defect in the media (disk, EPROM, flash media, etc.) on which the Update is distributed or in the documentation,
which in the opinion of Incredible Technologies, Inc. (IT) prevents the product from being used as reasonably intended, IT will replace the media or
documentation at no charge. The purchaser must return the item to be replaced, with proof of purchase, to IT within 90 days after taking delivery of the
Update.
8) Disclaimer and Waiver ofRemedies
Acceptance of this License and installation of the Update includes disclaimer and waiver of any and all implied, statutory, or common-law warranties,
including warranties of merchantability and fitness for a particular purpose, and limits the purchaser's remedy to returning the Update to IT for
replacement.
IT makes no warranty or representation, either express or implied, with respect to Updates, their quality, performance, merchantability, or fitness for a
particular purpose. Updates are licensed "as is," and the Licensee, by installing the Update, assumes the entire risk as to their quality and performance
other than as explicitly set forth herein.
Acceptance of this License and installation of the Update includes disclaimer and waiver of any and all direct, indirect, special, incidental, or
consequential damages arising out of the use or inability to use the Update, even if advised of the possibility of such damages. The warranty and
remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. No person, seller, dealer, agent, or employee is
authorized to make any modification or addition to this limited warranty.
In jurisdictions which do not allow the exclusion of implied warranties or liability for incidental or consequential damages, acceptance of this License and
installation of the Update includes stipulation that the most minimal requirements of the law of those jurisdictions shall govern any additional required
additional rights of Licensee.
9) Severability
If any provision of this License shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remaining provisions shall remain in full force and
effect.