SkyHawke Technologies GT2 Game Tracker User Manual
SkyHawke Technologies, LLC Game Tracker
User manual
Product Information Guide
SkyGolf® GameTrackerTM
2
© 2015 SkyHawke Technologies, LLC. All Rights Reserved.
U.S. Patent No. 5,740,077
SkyGolf® and SkyCaddie® are registered trademarks of SkyHawke
Technologies, LLC, registered in the United States and other countries, and
SkyGolf 360™ and SkyGolf GameTracker™ are trademarks of SkyHawke
Technologies, LLC. Apple®, iPhone®, iPod® and iPad® are trademarks of
Apple, Inc. and are registered in the United States and other countries.
Google Play™ is a trademark of Google, Inc. The Bluetooth® word and
logo marks are registered trademarks owned by Bluetooth SIG, Inc. Use
of marks not owned by SkyHawke Technologies is under license. Other
trademarks and trade names are those of their respective owners.
All content within is copyrighted by SkyHawke Technologies, LLC and may
not be reprinted without permission. The content of this Guide (except
for the SkyCaddie Product Use and License Agreement and the SkyGolf
GameTracker Consumer Limited Warranty) is furnished for informational
use only, is subject to change without notice, and should not be construed
as a commitment by SkyHawke Technologies, LLC. SkyHawke
Technologies, LLC assumes no responsibility or liability for any errors or
inaccuracies that may appear in the informational content contained in this
Guide.
3
IMPORTANT
PLEASE READ CAREFULLY BEFORE USING
YOUR SKYGOLF GAMETRACKER
This Product Information Guide contains important safety, handling, and
warranty information, as well as software license information, for your SkyGolf
GameTracker. Please read carefully before using your SkyGolf GameTracker.
Important Safety and Handling Information
WARNING: Failure to follow these safety and handling instructions could result
in fire, electric shock, or other personal injury or property damage, including
damage to your SkyGolf GameTracker.
Carrying and Handling your SkyGolf GameTracker
Your SkyGolf GameTracker contains sensitive components. Do not
disassemble, open, crush, puncture, shred, microwave, incinerate, or insert
foreign objects into your SkyGolf GameTracker.
Avoiding Water and Wet Locations
Your SkyGolf GameTracker is designed for wet conditions that exceed
those typically encountered while playing golf. Still, you should take care not
to expose your SkyGolf GameTracker to water, as too much exposure to
water may cause damage, such as might happen if you drop your SkyGolf
GameTracker into a water hazard while looking for your ball. If you do get
your SkyGolf GameTracker wet, do not attempt to dry it with an external heat
4
source like a microwave oven or hair dryer. SkyGolf GameTracker devices that
do manage to get water damaged are generally not serviceable.
Repairing or Modifying your SkyGolf GameTracker
Never attempt to repair or modify your SkyGolf GameTracker yourself.
Disassembling your SkyGolf GameTracker will void the warranty. Your SkyGolf
GameTracker does not contain any user-serviceable parts. Service should
only be provided by a SkyGolf Authorized Service Provider. If your SkyGolf
GameTracker has been punctured, or subjected to a severe fall, do not use it
until you contact an Authorized Service Provider. The rechargeable battery in
your SkyGolf GameTracker is not user-replaceable and should be replaced by
a SkyGolf Authorized Service Provider only. For service information, go to
www.SkyGolf.com.
Charging your SkyGolf GameTracker
In charging your SkyGolf GameTracker, use only a SkyGolf supplied charger
specifically designed for your SkyGolf GameTracker. Use of other chargers may
cause personal injury and property damage, including damage to your SkyGolf
GameTracker.
Read all safety instructions for any products and accessories before using your
SkyGolf GameTracker. SkyGolf is not responsible for the operation of third-
party accessories or their compliance with safety and regulatory standards.
When charging the battery on your SkyGolf GameTracker with an authorized
SkyGolf charger designed for use with the SkyGolf GameTracker, make sure
that the charger is fully assembled before you plug it into a power outlet. Do
not connect or disconnect the charger with wet hands.
The charger may become warm during normal use, however, your SkyGolf
GameTracker should never become hot. Always allow adequate ventilation
around the charger and use care when handling. Unplug the charger if any of
the following conditions exist:
5
• The power cord or plug has become frayed or damaged.
• The adapter is exposed to rain, liquid or excessive moisture.
• The adapter case has become damaged.
• You suspect the adapter needs service or repair.
Choking Hazards
Your SkyGolf GameTracker contains small parts, which may present a choking
hazard to small children. Keep your SkyGolf GameTracker and its accessories
away from children.
Using Connectors and Ports
Never force a connector into a port on your SkyGolf GameTracker. Check for
obstructions on the port. If the connector and port do not join with reasonable
ease, make sure that the connector and port are properly aligned before
attempting to insert again.
Keeping Your SkyGolf GameTracker Within Acceptable Temperatures
Operate your SkyGolf GameTracker in a place where the temperature is
between 0° and 35° C (32° to 95° F). Low or high temperature conditions
might shorten battery life or cause your SkyGolf GameTracker to stop working
properly. Avoid dramatic changes in temperature or humidity when using your
SkyGolf GameTracker and store it in a cool, dry place at room temperature.
Exposure to Radio Frequency Energy
Your SkyGolf GameTracker contains radio transmitters and receivers, much
like cell phones, pagers and other similar devices. When on, your SkyGolf
GameTracker sends and receives radio frequency (RF) energy through
its antenna.
The SkyGolf GameTracker can emit radio waves that can affect the operation
of nearby electronics, including cardiac pacemakers.
6
• Do not use the SkyGolf GameTracker within 9 inches of a pacemaker.
• If you have a pacemaker or other implanted medical device, do not use
the SkyGolf GameTracker without first consulting your doctor or the
manufacturer of your medical device. Your SkyGolf GameTracker has been
tested and meets the SAR exposure requirements for Bluetooth
®
operation. Your SkyGolf GameTracker is designed and manufactured to
comply with applicable limits for exposure to RF energy.
Additional Information
For more information from the FCC about exposure to RF energy, see:
www.fcc.gov/oet/rfsafety
The FCC and the U.S. Food and Drug Administration (FDA) also maintain a
consumer website at www.fda.gov/Radiation-EmittingProducts/default.html
to address inquiries about the safety of radio emissions. Check the website
periodically for updates.
For information about the scientific research related to RF energy exposure,
see the EMF Research Database maintained by the World Health Organization
at: www.who.int/emf
Certification and Compliance
U.S.
Model: GT2
FCC ID: X8F-GT2
Canada
Model: GT2
FCC ID: X8F-GT2
7
E.U.
Important: Changes or modifications to this product not expressly authorized
by SkyGolf could void your authority to operate the equipment.
This product has demonstrated EMC compliance under conditions that
included the use of compliant peripheral devices and shielded cables between
system components. It is important that you use compliant peripheral devices
and shielded cables between components to reduce the possibility of causing
interference to radios, televisions, and other electronic devices.
FCC Compliance Statement
This device complies with part 15 of the FCC rules. Operation is subject to the
following conditions: (1) this device may not cause harmful interference, and (2)
this device must accept any interference received, including interference that
may cause undesired operation.
NOTE: This equipment has been tested and found to comply with the limits
for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits
are designed to provide reasonable protection against harmful interference in
a residential installation. This equipment generates, uses and can radiate radio
frequency and, if not installed and used in accordance with the instructions,
may cause harmful interference to radio communications. However, there is no
guarantee that interference will not occur in a particular installation.
If this equipment does cause harmful interference to radio or television
reception, which can be determined by turning the equipment off and on, the
changes or modifications not expressly approved by the party
responsible for compliance could void your authority to operate the
equipment.
8
user is encouraged to try to correct the interference by one or more of the
following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment to an outlet on a circuit difference from that to
which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician to help.
Canadian Compliance Statement
This device complies with the Industry Canada license exempt RSS standards.
Operation is subject to the following two conditions: (1) this device may not
cause interference, and (2) this device must accept any interference, including
interference that may cause undesired operation of the device.
European Community Compliance Statement
The equipment complies with the RF Exposure Requirement 1999/519/EC,
Council Recommendation of 12 July 1999 on the limitation of exposure of
the general public to electromagnetic fields (0-300 GHz). This wireless device
complies with the R&TTE Directive.
Disposal and Recycling Information
Your SkyGolf GameTrackershould be disposed of separately from household
waste. When this product reaches its end of life, take it to a collection point
designated by local authorities that accept spent batteries and other similar
wastes. Not all collection points accept products for free. The separate
collection and recycling of your product at the time of disposal will help
conserve natural resources and ensure that it is recycled in a manner that
protects human health and environment.
9
Warranty Obligator for Region or Country of Purchase
Country of Purchase Address
Canada Warranty Returns
Jancor Agencies
185 Avro, Pointe-Claire, QC H9R 6A9
customerservice@skygolf.com
European Union SkyHawke Technologies UK, Ltd.
Haddenham Business Park
Units 10 C-E, Haddenham,
Buckinghamshire HP 17 8LJ
customersupport@skycaddiegps.co.uk
United States and all Warranty Returns
Non-European Union, SkyHawke Technologies, LLC
other than Canada 274 Commerce Park Drive
Ridgeland, MS 39157
customerservice@skygolf.com
10
GAME TRACKER 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 GAME TRACKER PRODUCT
CONTAINED WITHIN THE PACKAGE THAT INCLUDES THIS LICENSE
AGREEMENT (SUCH GAME TRACKER PRODUCT, TOGETHER WITH ITS
EMBEDDED SOFTWARE IS REFERRED TO AS THE “GAME TRACKER
PRODUCT”) OR THE INSTALLATION ON A PERSONAL COMPUTER OR
A SMARTPHONE, TABLET COMPUTER OR OTHER MOBILE DEVICE OF
SOFTWARE ASSOCIATED WITH THE GAME TRACKER PRODUCT (SUCH
SOFTWARE AND THE GAME TRACKER 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 SkyGolf via SkyGolf’s Internet web
site, then you should contact the Customer Service department by e mail at
customerservice@skygolf.com to apply for a refund of your purchase within
thirty (30) days of original purchase.
IMPORTANT: The license granted hereunder applies only where the
Game Tracker Product is purchased by you in an authorized U.S. or
Canadian sale, you were a United States or Canadian resident at the
11
time you purchased the Game Tracker Product and you registered
the Game Tracker Product using your bona fide U.S. or Canadian
address. In the event you did not purchase the Game Tracker
Product in an authorized U.S. or Canadian sale or were not a U.S.
or Canadian resident at the time of purchase or do not have a bona
fide U.S. or Canadian address, no license is granted with respect to
the Products, and you should contact SkyGolf’s Customer Service at
customerservice@SkyGolf.com to apply for a refund of your purchase
or for a license for your country of residence within thirty (30) days of
original purchase.
LICENSE AGREEMENT
This License Agreement (this “License Agreement”) is a legal agreement
between you and SkyHawke Technologies, LLC (“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 Game Tracker
Product or is downloaded or provided in connection with the Game Tracker
Product (collectively, the “Game Tracker 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 Game Tracker
Software and, in connection therewith, the SkyGolf internet web site, and
grants a limited license for their use under the terms of this License
Agreement. The features and functionality of the Game Tracker Product
require an annual SkyGolf Subscription Plan, which is sold separately and
12
is subject to a separate license agreement. To the extent this License
Agreement includes the licensing of Software or other components also
licensed in connection with a SkyGolf Subscription Plan (which includes
access to SkyGolf premium services like course maps, statistics, and data
storage), the terms of the SkyGolf Subscription Plan shall govern over
the terms of this License Agreement, and you will lose access to such
Software and other components (including any scores, statistics and other
information you have stored on your SkyGolf account) on expiration of
the term of your SkyGolf Subscription Plan if not timely renewed. Licensor
reserves the right to stop offering SkyGolf Subscription Plans and/or
renewals, and to remove or limit the features or functionality of SkyGolf
Subscription Plans, 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 Game Tracker Software under the terms stated in this License
Agreement and, if purchased separately, the terms stated in your SkyGolf
Subscription Plan License Agreement for solely personal noncommercial
use in connection with the single Game Tracker Product. Title, ownership
and copyright of the Game Tracker Software and any scores, statistics and
other information stored on your SkyGolf account are vested in, and remain
with, the Licensor. The rights granted herein are limited to the use of the
Game Tracker Software and your SkyGolf 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. The Game Tracker
Software, SkyGolf course maps and other software downloaded from the
13
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 Game Tracker 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 Game Tracker Software or any of their modules or
components, except as provided herein or by item (b) above, or disclose
the Game Tracker Software to any other person or entity, or otherwise
offer access to or use of, the Game Tracker 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 Game Tracker 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 Game Tracker
Software to another party in connection with the transfer of ownership of
the Game Tracker Product, provided that: (a) the transfer must include the
Game Tracker Product and all of the Game Tracker Software, including all
its component parts, original media, printed materials and this License; (b)
you do not retain any copies of the Game Tracker Software, full or partial,
including copies stored on a computer or other storage device; (c) the party
receiving the Game Tracker 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 Game Tracker Software.
d. You agree that Licensor may, from time to time, send communications
to you regarding (i) your Game Tracker Product, (ii) the Game Tracker
Software, (iii) your SkyGolf 360 account or other SkyGolf account, (iv) other
14
notifications relevant to the Game Tracker 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 or unsubscribe indications by you.
e. This License Agreement is effective until expiration, unless sooner
terminated by Licensor. To the extent this License Agreement includes the
licensing of Software or other components also licensed in connection with
a SkyGolf Subscription Plan (including access to SkyGolf course maps and
other features) and/or a SkyGolf 360 mobile application (including statistical
analysis and storing of playing information), 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 Game Tracker 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 Game Tracker Product on
which the Game Tracker Software is installed was purchased by you in an
authorized United States or Canadian sale, you were a United States or
Canadian resident at the time you purchased the Game Tracker Product
and you registered the Game Tracker Product using your bona fide U.S. or
Canadian address. Post office boxes or other similar addresses shall not
qualify as a bona fide U.S. or Canadian address, and addresses obtained,
rented or leased from third parties for the purpose of receiving product
for subsequent delivery outside the U.S. or Canada shall not qualify as a
bona fide U.S. or Canadian address. In the event you did not purchase the
15
Game Tracker Product in an authorized U.S. or Canadian sale or were not
a U.S. or Canadian resident at the time of purchase or do not have a U.S.
or Canadian address, no license is granted to the Game Tracker Software,
and if you purchased the Game Tracker Product directly from Licensor via
the Licensor’s Internet web site, then you should contact the Customer
Service department by e mail at customerservice@SkyGolf.com to apply for
and arrange for a refund of your purchase or for a license for your country
of residence within thirty (30) days of original purchase. In the event you did
not purchase the Game Tracker Product in an authorized U.S. or Canadian
sale or were not a U.S. or Canadian resident at the time of purchase or do
not have a U.S. or Canadian address and you did not purchase the Game
Tracker Product directly from Licensor, then you should contact the seller.
2) LIMITATION OF LIABILITY
LICENSOR PROVIDES THE GAME TRACKER 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 GAME TRACKER SOFTWARE PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR GAME
TRACKER 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
16
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 GAME TRACKER PRODUCT,
GAME TRACKER 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 GAME TRACKER 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 GAME TRACKER 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 Game Tracker Product is at your own risk.
17
3) Export Control — You may not use or otherwise export or re-export the
Game Tracker Software except as authorized by United States law. In
particular, but without limitation, the Game Tracker Software may not be
exported or re-exported (a) into any U.S. embargoed countries or (b) to
anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Department of Commerce Denied Person’s List
or Entity List. By using the Game Tracker 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 Game Tracker Software for any
purposes prohibited by United States and other 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 Game Tracker Product and related accessories
may be restricted by the laws of countries other than the country in
which the Game Tracker Product and related accessories are purchased,
which shall be deemed to be the United States. If you intend to use the
Game Tracker Product and related accessories in a country other than
the United States, you are solely responsible for determining whether use
of all features and functionality of the Game Tracker Product and related
accessories are permitted in such other country.
4) U.S. Government Restricted Rights — The Game Tracker Software is
provided with RESTRICTED RIGHTS. Use, duplication or disclosure by
the 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 SkyHawke Technologies, LLC, 274
Commerce Park Drive, Ridgeland, MS 39157.
5) Requirement to Purchase a SkyGolf Subscription Plan — Use of the Game
Tracker Software (including access to SkyGolf course maps and golfer
statistics features) may not be used without a current SkyGolf subscription
18
Plan, and no license is hereunder granted thereto without a current
SkyGolf Subscription Plan. To the extent any of the Game Tracker
Software is included in a SkyGolf Subscription Plan, you must separately
purchase the SkyGolf Subscription Plan, and the use and license of
such Game Tracker Software is subject to and governed by the SkyGolf
Subscription Plan and any license agreement in connection with such
Subscription Plan. If you do not purchase the SkyGolf Subscription Plan,
you will not have access to, and are not granted a license hereunder for
such Game Tracker Software. Any features of the Game Tracker Software
that comes pre-loaded on your Game Tracker Product are for limited
time trial only and may be removed at SkyGolf’s discretion if a SkyGolf
Subscription Plan is not purchased.
6) Requirement to Purchase of a SkyGolf 360 Mobile Application — Some or
all features of the Game Tracker Product and/or the Game Tracker
Software (including statistical analysis and storing of playing information)
may not be used without a current SkyGolf 360 mobile application
installed on a compatible mobile device, and no license is hereunder
granted thereto without a current SkyGolf 360 mobile application. To the
extent any of the Game Tracker Software is included in a SkyGolf 360
mobile application, you must separately purchase the SkyGolf 360 mobile
application from the Apple App Store in the case of iOS devices and
Google Play in the case of Android devices, and the use and license of
such Game Tracker Software is subject to and governed by the SkyGolf
360 mobile application license agreement. If you do not purchase the
SkyGolf 360 mobile application, you will not have access to, and are not
granted a license hereunder for, such Game Tracker Software.
IMPORTANT NOTE ABOUT MOBILE COMPATIBILITY: Any System
Requirements set forth on Game Tracker Product packaging or otherwise
are minimum requirements only and compatibility with specific devices
19
meeting those System Requirements may vary. Additionally, iOS and
Android systems change from time to time, and SkyHawke cannot and
does not guarantee that the Products will function properly or achieve
satisfactory performance in the event of an update to either Bluetooth, iOS
or Android systems.
SPECIAL NOTE ABOUT ANDROID DEVICES: Performance of Android-
based devices varies from device to device and from manufacturer to
manufacturer. CONSEQUENTLY, SKYGOLF CANNOT AND DOES NOT
GUARANTEE THAT THE PRODUCTS WILL FUNCTION PROPERLY OR
COMPLETELY WITH ANDROID-BASED DEVICES. A SkyGolf mobile
application for Android devices may not be immediately available.
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 (including scores, round data,
and statistics) 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) Special Notice Regarding Certain Course Maps Contained in the SkyGolf
Course Map Database — Pebble Beach
®
, Pebble Beach Golf Links
®
,
Spyglass Hill
®
Golf Course, The Links at Spanish Bay
™
, Del Monte
™
Golf Course, Peter Hay
™
Golf Course, and their individual holes, course
designs and respective underlying distinctive images are trademarks,
service marks, and trade dress of Pebble Beach Company.
9) Amendments or Modifications to This License Agreement, Modification
of Software Support — Licensor shall have the right to amend or modify
20
this License Agreement from time to time. All such amendments or
modifications shall be effective on the date the amended or modified
End User License Agreement and Terms and Conditions is posted to
Licensor’s website at www.SkyGolf.com. Licensor reserves the right to
change or discontinue its support of the Game Tracker Software.
10) Choice of Law — This License Agreement is governed by the laws of the
State of Mississippi, 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 Mississippi, USA, and that such jurisdiction has a significant
and meaningful connection with the transaction in which you obtained
such Software and updates. 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.
11) Complete Agreement — This License Agreement, together with any
license agreement you entered in connection with a SkyGolf Subscription
Plan or SkyGolf 360 mobile application, constitutes the entire agreement
between the parties with respect to the use of the Game Tracker 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 website. 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.
21
12) Beta Test Features — One or more features of the Products (including
software applications used in connection with the Game Tracker Product)
may be in beta test mode (the “beta features”). The use and continuation
of these beta features are subject to this License Agreement. 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 Game
Tracker 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.
Revised 3-30-2015
GAME TRACKER CONSUMER LIMITED WARRANTY
(AUTHORIZED U.S. AND CANADA SALES ONLY)
SkyHawke Technologies, LLC, of 274 Commerce Park Drive, Ridgeland, MS
39157, (“SkyGolf”) provides a limited consumer hardware warranty to the
original registered consumer (non-commercial) user (the “Customer”) of this
Game Tracker product, who purchases the Game Tracker product in an
authorized United States or Canadian sale, who is a resident of the United
States or Canada at the time of purchase and who registers the Game Tracker
22
product with SkyGolf using a bona fide United States or Canadian address
within thirty (30) days of purchase. This warranty is non-transferable and does
not apply to product used in any manner other than by an individual consumer.
HARDWARE:
Subject to the exclusions, limitations, and conditions stated herein, SkyGolf
warrants this Game Tracker product to be free from defects in workmanship
and materials, under normal consumer (non-commercial) use, for a period of
six (6) months from the original purchase date.
AVAILABLE EXTENDED WARRANTY UPGRADE:
Consumers who register their Game Tracker product within thirty (30) days of
the original purchase date may optionally purchase an upgrade to a twelve
(12) month limited warranty at the time of registration. The extended warranty
does not include accessories and components. Extended warranties are only
available for new Game Tracker models and only if the extended warranty
is purchased through SkyGolf within 30 days of the original purchase of the
eligible Game Tracker device. Extended warranties are subject to all of the
terms and conditions of the original 6 month limited warranty but extend the
warranty period from 6 months from the original purchase date to 12 months
from the original purchase date. Extended warranties are not available on
Game Tracker models other than new Game Tracker models and are not
available on any used Game Tracker model. In the event an extended warranty
is purchased on a non-eligible device or outside the 30 day eligibility period,
SkyGolf may void the extended warranty, and the purchaser’s sole remedy
shall be limited to return of the purchase price of the extended warranty.
LIMITATIONS AND EXCLUSIONS:
This Consumer Limited Warranty excludes (1) cosmetic or physical damage
to the surface of the product, including cracks or scratches on the outside
casing; (2) damage caused by misuse, neglect, improper installation or
23
testing, unauthorized attempts to modify the product, attempted servicing
by anyone other than an authorized service representative of SkyGolf or any
other cause beyond the range of the intended use; (3) damage caused by
accident, fire, water or liquids, power changes, other hazards, or acts of
God; (4) use of the product with any non-SkyGolf device, component (such
as chargers or connection cables), or service if such device, component or
service causes the problem; (5) use of this product for any non-consumer,
commercial or rental purpose; (6) the battery or battery charging system; (7)
modifications or restrictions that may need to be made to the GPS receiver
module due to a change in the Global Positioning System made by the United
States Government or any other governing bodies or (8) compatibility issues
with mobile devices like smartphones or tablet computers, or with mobile
device applications like smartphone or tablet computer applications. Any
third-party products, including software included with Game Tracker products
are not covered by this Consumer Limited Warranty, and SkyGolf makes no
representations or warranties on behalf of such third parties. Any warranty on
such products is from the supplier or licensor of the third-party product.
Important: Do not open the Game Tracker case. Opening the Game
Tracker case may cause damage that is not covered by this warranty.
Only SkyGolf or an authorized SkyGolf service center should perform
service on this Game Tracker product. Opening the Game Tracker case
shall void this warranty.
The Global Positioning System is a free service operated and maintained by
the United States Government, which is solely responsible for its accuracy and
maintenance.
BONA FIDE U.S. OR CANADIAN RESIDENCY:
Notwithstanding any provision to the contrary herein, the limited warranty
provided for herein shall only apply to the extent the Game Tracker was
24
purchased by a consumer Customer in an authorized United States or
Canadian sale, the Customer is a United States or Canadian resident at the
time of purchase and the Customer registered the Game Tracker using the
Customer’s bona fide U.S. or Canadian address. Post office boxes or other
similar addresses shall not qualify as a bona fide U.S. or Canadian address,
and addresses used, obtained, rented or leased by or from third parties for
the purpose of receiving product for subsequent delivery outside the U.S. or
Canada shall not qualify as a bona fide U.S. or Canadian address.
EXCLUSIVE REMEDIES AND PROCEDURE:
In the event of a covered defect during the warranty period, SkyGolf will, at its
sole option, repair or replace the product at no charge to Customer for parts
or labor. To obtain warranty service for Game Tracker products, the Customer
must contact SkyGolf customer service center at customerservice@skygolf.
com for a return authorization code. Once a return authorization code is
received, the Customer must return the unit shipping prepaid, with proof
of the date of original purchase, return authorization code, and Customer
return address to: Warranty Returns, SkyHawke Technologies, LLC, 274
Commerce Park Drive, Ridgeland, MS 39157. In Canada: Warranty Returns,
Jancor Agencies, 185 Avro, Pointe-Claire, QC H9R 6A9. 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. SkyGolf 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.
SkyGolf’s total obligation under this warranty shall be, at SkyGolf’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, SkyGolf
may refund to Customer the purchase price paid for the product or part.
25
Replacement products or parts may be new or reconditioned. Parts removed
by SkyGolf shall become the sole property of SkyGolf.
SkyGolf’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.
No oral or written information or advice given by SkyGolf or its dealers,
distributors, employees or agents shall in any way extend, modify or add to this
Limited Warranty.
You should protect any data, including golf round data and statistics, stored
on your Game Tracker device by downloading to your SkyGolf account
before delivering your Game Tracker for service, as either (i) you will receive
a refurbished Game Tracker device under SkyGolf repair program or (ii) the
contents of your original device may be deleted during repair.
WARRANTY LIMITATION:
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.
IN NO EVENT SHALL SKYGOLF 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
26
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.
EVEN IF SKYGOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, SKYGOLF’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.
THIS WARRANTY APPLIES ONLY TO GAME TRACKER PRODUCTS WHICH
ARE PURCHASED IN AN AUTHORIZED UNITED STATES CANADIAN SALE,
ARE PURCHASED BY A UNITED STATES OR CANADIAN RESIDENT AT THE
TIME OF PURCHASE AND ARE REGISTERED TO A CUSTOMER WITH A
BONA FIDE UNITED STATES OR CANADIAN ADDRESS.
Some states and jurisdictions do not allow the limitation or exclusion of
incidental or consequential damages, or limitation on the length of an implied
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.
SELECTED MOBILE COMPATIBILITY:
Any System Requirements set forth on Game Tracker packaging or otherwise
relating to Game Tracker products that communicate with or connect via
Bluetooth
®
to mobile devices, such as smartphones and tablet computers,
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 SkyGolf. Accordingly, SkyGolf does not warrant
that your Game Tracker product will function properly or achieve satisfactory
27
performance while connecting via Bluetooth to iOS or Android devices. ALL
WARRANTIES WITH RESPECT TO YOUR GAME TRACKER PRODUCT
SHALL BE LIMITED BY THE FOREGOING COMPATIBILITY RESTRICTIONS.
A SkyGolf 360 smartphone application for Android devices may not be
immediately available.
GOVERNING LAW:
This Registered User Limited Warranty shall be governed by the laws of the
State of Mississippi, U.S.A., and by the laws of the United States, 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. The country of purchase of this Game
Tracker product shall be deemed the United States.
v. 1-061715_US_CA
www.SkyGolf.com