SkyHawke Technologies GT2 Game Tracker User Manual
SkyHawke Technologies, LLC Game Tracker
User manual
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| Mirror Download [FCC.gov] | |
| Document ID | 2792606 |
| Application ID | zn/KQ0Idfj0xdvCFA3Ha+g== |
| Document Description | User manual |
| Short Term Confidential | No |
| Permanent Confidential | No |
| Supercede | No |
| Document Type | User Manual |
| Display Format | Adobe Acrobat PDF - pdf |
| Filesize | 15.11kB (188925 bits) |
| Date Submitted | 2015-10-25 00:00:00 |
| Date Available | 2015-10-25 00:00:00 |
| Creation Date | 2015-06-17 14:42:17 |
| Producing Software | Adobe PDF Library 11.0 |
| Document Lastmod | 2015-10-23 23:11:08 |
| Document Title | User manual |
| Document Creator | Adobe InDesign CC 2014 (Windows) |
SkyGolf® GameTrackerTM Product Information Guide © 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. 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 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 thirdparty 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: • 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. • 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 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. changes or modifications not expressly approved by the party responsible for compliance could void your authority to operate the equipment. 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 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. 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 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 10 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 11 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 12 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 onetime 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 13 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 14 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 15 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. 16 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 252.2277013. 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 17 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 18 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 Androidbased 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 19 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. 20 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 21 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 22 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 23 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. 24 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 25 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 26 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. 27 v. 1-061715_US_CA www.SkyGolf.com
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