Under this Software License Agreement (the “Agreement”), DJI Computer
Solutions (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and
non-transferable license (the “License”) to use Golf Tracker for Excel (the
“Software”).
“Software” includes the executable computer programs and any
related printed, electronic and online documentation and any other files that
accompany the product.
Title, copyright and intellectual property rights and
distributions rights of the Software remain exclusively with the Vendor.
Intellectual property rights include the look and feel of the Software. This
Agreement constitutes a license for use only and is not in any way a transfer of
ownership rights of the Software.
The Software may be loaded on more than one
computer system, as long as the Software will not be used on more than one
computer system simultaneously. Licensee will not make copies of the Software or
allow copies of the Software to be made by others, unless authorized by this
License Agreement. Licensee may make copies of the Software for backup purposes
only.
The rights and obligations of this Agreement are personal rights granted
to the Licensee only. The Licensee may not transfer or assign any of the rights
or obligations granted under this Agreement to any other person or legal entity.
The Licensee may not make available the Software for use by one or more third
parties.
The Software may not be modified, reverse-engineered, or de-compiled in
any manner through current or future available technologies.
Failure to comply with any of the terms under the License section will be
considered a material breach of this Agreement.
License Fee
The original purchase price paid by the
Licensee will constitute the entire license fee and is the full consideration
for this Agreement.
Limitation of Liability
The Software is provided by the
Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be
limited to a maximum of the original purchase price of the Software. The Vendor
will not be liable for any general, special, incidental or consequential damages
including, but not limited to, loss of production, loss of profits, loss of
revenue, loss of data, or any other business or economic disadvantage suffered
by the Licensee arising out of the use or failure to use the Software.
The
Vendor makes no warranty expressed or implied regarding the fitness of the
Software for a particular purpose or that the Software will be suitable or
appropriate for the specific requirements of the Licensee.
The Vendor does not
warrant that use of the Software will be uninterrupted or error-free. The
Licensee accepts that software in general is prone to bugs and flaws within an
acceptable level as determined in the industry.
Warrants and Representations
The
Vendor warrants and represents that it is the copyright holder of the Software.
The Vendor warrants and represents that granting the license to use this
Software is not in violation of any other agreement, copyright or applicable
statute.
Acceptance
All terms, conditions, and obligations of this Agreement
will be deemed to be accepted by the Licensee (“Acceptance”) on installation of
the Software.
User Support
The Licensee will be entitled to Email Technical
Support, at no additional cost, for a period of three years.
The Licensee will
be entitled to maintenance upgrades and bug fixes, at not additional cost, for a
period of three years.
Term
The term of this Agreement will begin on Acceptance
and is perpetual.
Termination
This Agreement will be terminated and the License
forfeited where the Licensee has failed to comply with any of the terms of this
Agreement or is in breach of this Agreement. On termination of this Agreement
for any reason, the Licensee will promptly uninstall and delete the Software
along with any copies in their possession.
Force Majeure
The Vendor will be free
of liability to the Licensee where the Vendor is prevented from executing its
obligations under this Agreement in whole or in part due to Force Majeure, such
as earthquake, typhoon, flood, fire, death, and war or any other unforeseen and
uncontrollable event where the Vendor has taken any and all appropriate action
to mitigate such an event.
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