12 13
SkyGolf 360 mobile application renewals at any time without notice.
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 SkyGolf Software under the terms stated in this License
Agreement and, if purchased separately, the terms stated in your
SkyCaddie
®
Membership Plan License Agreement and/or
SkyGolf 360 mobile application for solely personal
noncommercial use in connection with the single SkyCaddie
®
Product. Title, ownership and copyright of the SkyGolf Software and
any scores, statistics and other information stored on your SkyGolf,
Club SG™ (Beta) or SkyGolf 360 account are vested in, and remain
with, the Licensor. The rights granted herein are limited to the use
of the SkyGolf Software and your SkyGolf, Club SG™ (Beta) or
SkyGolf 360 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 Software
or SkyGolf course maps. The SkyGolf Software, SkyGolf course
maps and other software downloaded from the Licensor’s web
site may not be used with, transferred or transmitted to any other
GPS hardware, GPS software, or any other user or medium, except
to an authorized SkyCaddie
®
hardware/software system in your
name (or the name of a transferee authorized by Licensor) for
personal noncommercial use in accordance with this License
Agreement. Licensor reserves the right to limit the number of SkyGolf
course maps downloaded to the SkyCaddie
®
Product, both in terms
of total number of courses downloaded and number of courses
downloaded over any given period of time.
c. You may not assign, distribute, lease, rent, lend, sublicense, or
transfer this license to the SkyGolf Software or any of their modules
or components, except as provided herein or by item (b) above, or
disclose the SkyGolf Software to any other person or entity, or
otherwise offer access to or use of, the SkyGolf Software via the
Internet or via any other network which is available to or accessible
by third parties. Any attempt to do so is a violation of the rights
of Licensor and its licensors of the SkyGolf 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 SkyGolf Software to another party in
connection with the transfer of ownership of the SkyCaddie
®
Product,
provided that: (a) the transfer must include the SkyCaddie
®
Product
and all of the SkyGolf Software, including all its component parts,
original media, printed materials and this License; (b) you do not
retain any copies of the SkyGolf Software, full or partial, including
copies stored on a computer or other storage device; (c) the party
receiving the SkyGolf 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 and/or
use of SkyGolf course maps or other SkyGolf Software.
d. You agree that Licensor may, from time to time, send
communications to you regarding (i) your SkyCaddie
®
Product, (ii)
the SkyGolf Software, (iii) your SkyGolf, Club SG™ (Beta) and/
or SkyGolf 360 account, (iv) other notifications relevant to the
SkyCaddie
®
Product you have registered with Licensor, and (v)
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.