SkyHawke Technologies SCTOUCH SkyCaddie User Manual
SkyHawke Technologies, LLC SkyCaddie
User manual
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Product Information Guide
23
© 2014 SkyHawke Technologies, LLC. All Rights Reserved.
U.S. Pat. 8,758,170; 8,556,752; 8,523,711; 8,172,702; 7,118,498;
6,456,938; 5,844,483; 5,740,077; 5,507,485
SkyGolf® and SkyCaddie® are registered trademarks of SkyHawke
Technologies, LLC, registered in the United States and other
countries, and SkyGolf 360™ and SkyCaddie TOUCH™ 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. 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 SkyCaddie TOUCH 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 SKYCADDIE TOUCH
This Product Information Guide contains important safety, handling, and
warranty information, as well as software license information, for your
SkyCaddie TOUCH. Please read carefully before using your SkyCaddie
TOUCH.
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 SkyCaddie TOUCH.
Carrying and Handling your SkyCaddie TOUCH
Your SkyCaddie TOUCH contains sensitive components. Do not disassemble,
open, crush, puncture, shred, microwave, incinerate, or insert foreign objects
into your SkyCaddie TOUCH.
Avoiding Water and Wet Locations
Exposure to water may cause damage to your SkyCaddie TOUCH. Do not
use your SkyCaddie TOUCH in rain or other wet locations. Take care not to
45
spill any food or liquid on your SkyCaddie TOUCH. Do not attempt to dry your
SkyCaddie TOUCH with an external heat source, such as a microwave oven
or hair dryer. SkyCaddie TOUCH devices that are damaged as a result of
exposure to liquids are not serviceable.
Repairing or Modifying your SkyCaddie TOUCH
Never attempt to repair or modify your SkyCaddie TOUCH yourself.
Disassembling your SkyCaddie TOUCH will void the warranty. Your SkyCaddie
TOUCH does not contain any user-serviceable parts. Service should only
be provided by a SkyGolf
®
Authorized Service Provider. If your SkyCaddie
TOUCH 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
SkyCaddie TOUCH is not user-replaceable and should be replaced by a
SkyGolf Authorized Service Provider only. For service information, go to
www.SkyCaddie.com.
Charging your SkyCaddie TOUCH
In charging your SkyCaddie TOUCH, use only a SkyGolf supplied charger
specifically designed for your SkyCaddie TOUCH. Use of other chargers
may cause personal injury and property damage, including damage to your
SkyCaddie TOUCH.
Read all safety instructions for any products and accessories before using your
SkyCaddie TOUCH. 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 SkyCaddie TOUCH with an authorized
SkyGolf charger designed for use with the SkyCaddie TOUCH, 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 SkyCaddie
TOUCH 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 SkyCaddie TOUCH contains small parts, which may present a choking
hazard to small children. Keep your SkyCaddie TOUCH and its accessories
away from children.
Using Connectors and Ports
Never force a connector into a port on your SkyCaddie TOUCH. 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 SkyCaddie TOUCH Within Acceptable Temperatures
Operate your SkyCaddie TOUCH 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 SkyCaddie TOUCH to stop working properly. Avoid
dramatic changes in temperature or humidity when using your SkyCaddie
TOUCH and store it in a cool, dry place at room temperature.
Exposure to Radio Frequency Energy
Your SkyCaddie TOUCH contains radio transmitters and receivers, much
like cell phones, pagers and other similar devices. When on, your SkyCaddie
TOUCH sends and receives radio frequency (RF) energy through its antenna.
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67
The SkyCaddie TOUCH can emit radio waves that can affect the operation of
nearby electronics, including cardiac pacemakers.
• Do not use the SkyCaddie TOUCH within 9 inches of a pacemaker.
• If you have a pacemaker or other implanted medical device, do not use
the SkyCaddie TOUCH without first consulting your doctor or the
manufacturer of your medical device. Your SkyCaddie TOUCH has been
tested and meets the SAR exposure requirements for Bluetooth
®
operation. Your SkyCaddie TOUCH 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: SkyCaddie TOUCH
FCC ID: X8F-SCTOUCH
Canada
Model: SkyCaddie TOUCH
FCC ID: X8F-SCTOUCH
E.U.
Important: Changes or modifications to this product not authorized by
SkyGolf could void the electromagnetic compatibility (EMC) and wireless
compliance and negate your authority to operate the product.
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
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89
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 SkyCaddie TOUCH should 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
SKYCADDIE
®
PRODUCT USE AND
LICENSE AGREEMENT
(Authorized U.S. Sales Only)
PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW
BEFORE USING THIS PRODUCT!
WARNING! PROCEEDING WITH USE OF THE SKYCADDIE® PRODUCT
CONTAINED WITHIN THE PACKAGE THAT INCLUDES THIS LICENSE
AGREEMENT (THE “SKYCADDIE PRODUCT”) OR THE INSTALLATION OF
SOFTWARE ASSOCIATED WITH THE SKYCADDIE® PRODUCT (SUCH
SOFTWARE AND THE SKYCADDIE PRODUCT ARE SOMETIMES SINGLY
AND COLLECTIVELY REFERRED TO AS THE “PRODUCTS”) INDICATES
10 11
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 SkyHawke Technologies, LLC via
the Licensor’s Internet web site, then you should contact the Customer Service
department by e mail: customerservice@skygolf.com to apply for and arrange
for a refund of your purchase.
IMPORTANT: The license granted hereunder applies only where
SkyGolf Software is installed on a SkyCaddie Product which was
purchased by you in an authorized United States sale, you were a
United States resident at the time you purchased the SkyCaddie
Product and you registered the SkyCaddie Product using your bona
fide U.S. address. In the event you did not purchase the SkyCaddie
Product in an authorized U.S. sale or were not a U.S. resident at the
time of purchase or do not have a U.S. address, no license is granted
with respect to the Products, but you may contact SkyGolf Customer
Service at customerservice@skygolf.com for options to purchase a
license applicable to your country of residence.
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 SkyCaddie
®
Product or is downloaded or provided in connection with the SkyCaddie
®
Product or a SkyGolf, Club SG™ (Beta) or SkyGolf 360 mobile application
account (collectively, the “SkyGolf 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 SkyGolf
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 and, if separately purchased, the terms of your SkyCaddie
®
Membership Plan and/or SkyGolf 360 mobile application. To the
extent this License Agreement includes the licensing of Software or
other components also licensed in connection with a SkyCaddie
®
Membership Plan (which includes access to SkyGolf course maps and
to advanced course management features) and/or a SkyGolf 360
mobile application (which includes statistical analysis and storing
of playing information), you will lose access to such Software and
other components (including any SkyGolf course maps downloaded to
your SkyCaddie
®
device as well as any scores, statistics and other
information you have stored on your SkyGolf, Club SG™ (Beta)
or SkyGolf 360 account) on expiration of the term of your SkyCaddie
®
Membership Plan or SkyGolf 360 mobile application if not timely
renewed. If you do not purchase a SkyCaddie
®
Membership Plan, or
if you purchase a Registration Only Membership Plan, and/or if you do
not purchase a SkyGolf 360 mobile application, you will not have
access to the features and functionality of the SkyCaddie
®
Membership
Plan, such as SkyGolf’s course maps and advanced course
management features, or of the SkyGolf 360 mobile application,
such as statistical analysis and storing of playing information. Licensor
reserves the right to stop offering SkyCaddie
®
Membership Plans and/or
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.
14 15
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 Membership Plan (including access to
SkyGolf course maps and to advanced course management
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 Membership Plan
or mobile application. 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
SkyGolf 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 SkyCaddie
Product on which the SkyGolf Software is installed was purchased by
you in an authorized United States sale, you were a United States
resident at the time you purchased the SkyCaddie Product and you
registered the SkyCaddie Product using your bona fide U.S. address.
Post office boxes or other similar addresses shall not qualify as a
bona fide U.S. address, and addresses obtained, rented or leased
from third parties for the purpose of receiving product for subsequent
delivery outside the U.S. shall not qualify as a bona fide U.S. address.
In the event you did not purchase the SkyCaddie Product in an
authorized U.S. sale or were not a U.S. resident at the time of
purchase or do not have a U.S. address, no license is granted to the
SkyGolf Software, but you may contact SkyGolf Customer Service at
customerservice@skygolf.com for options to purchase a license
applicable to your country of residence.
2) LIMITATION OF LIABILITY
LICENSOR PROVIDES THE SKYGOLF 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 SKYGOLF SOFTWARE PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR
SKYGOLF SOFTWARE, OR FOR SUBSCRIPTION FEES PAID FOR
SKYGOLF COURSE MAP DATABASES. IN NO EVENT SHALL
LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR
ANY CAUSE WHATSOEVER 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 SKYCADDIE
®
PRODUCT,
16 17
SKYGOLF 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 SKYGOLF 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 SKYGOLF 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 SkyCaddie
®
on a golf course is at your own risk.
3) Export Control — You may not use or otherwise export or re-export the
SkyGolf Software except as authorized by United States law. In particular,
but without limitation, the SkyGolf 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 SkyGolf 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 SkyGolf 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
SkyCaddie
®
Product and related accessories may be restricted by the
laws of countries other than the country in which the SkyCaddie
®
Product and related accessories are purchased, which shall be deemed
to be the United States. If you intend to use the SkyCaddie
®
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 SkyCaddie
®
Product and related accessories are permitted in such
other country.
4) U.S. Government Restricted Rights — The SkyGolf 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 - Suite M, Ridgeland, MS 39157.
5) Requirement to Purchase a SkyCaddie
®
Membership Plan — Some or all
of the SkyGolf Software (including access to SkyGolf course maps and
advanced course management features) may not be used without a
current SkyCaddie
®
Membership Plan, and no license is hereunder granted
thereto without a current SkyGolf
®
Membership Plan. To the extent any of
the SkyGolf Software is included in a SkyCaddie
®
Membership Plan, you
must separately purchase the SkyCaddie
®
Membership Plan, and the
use and license of such SkyGolf Software is subject to and governed by
the SkyCaddie
®
Membership Plan and any license agreement in
connection with such Membership Plan. If you do not purchase the
SkyCaddie
®
Membership Plan, you will not have access to, and are not
granted a license hereunder for, such SkyGolf Software.
6) Requirement to Purchase of a SkyGolf 360 Mobile Application —
Some or all features of the SkyCaddie Product and/or the SkyCaddie
Software (including statistical analysis and storing of playing information)
18 19
may not be used without a current SkyGolf 360 mobile application
installed on a compatible mobile, and no license is hereunder
granted thereto without a current SkyGolf 360 mobile application.
To the extent any of the SkyGolf 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 SkyGolf 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 SkyGolf
Software.
IMPORTANT NOTE ABOUT Mobile COMPATIBILITY: Any System
Requirements set forth on SkyCaddie Product packaging or otherwise are
minimum requirements only and compatibility with specific devices meeting
those System Requirements may vary. Additionally, Bluetooth, 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.
Performance of Android-based devices varies from device to device and
from manufacturer to manufacturer. CONSEQUENTLY, SKYHAWKE
CANNOT AND DOES NOT GUARANTEE THAT THE PRODUCTS
WILL FUNCTION PROPERLY OR COMPLETELY WITH ANDROID-BASED
DEVICES. Any System Requirements set forth on SkyCaddie Product
packaging or otherwise are minimum requirements only and do not
constitute a representation that all Android-based devices meeting those
System Requirements will satisfactorily function with the Products.
SkyCaddie Product compatibility and performance varies when used
with Android-based devices, and some Android-based devices may not
be compatible with your SkyCaddie Product. A SkyGolf 360 mobile
application for Android devices may not be immediately available.
7) No Responsibility for GPS System — Use of the SkyGolf Software and
the SkyCaddie
®
Product is dependent on the global positioning system.
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. Licensor shall have no liability or responsibility for any
failure in, or any limitations of, the global positioning system.
8) 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 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.
9) 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. Used under
license.
10) Amendments or Modifications to This License Agreement, Modification
of Software Support — Licensor shall have the right to amend or
modify this License Agreement from time to time. All such amendments or
20 21
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 SkyGolf Software.
11) 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.
12) Complete Agreement — This License Agreement, together with any
license agreement you entered in connection with a SkyCaddie
®
Membership Plan or SkyCaddie 360 mobile application, constitutes
the entire agreement between the parties with respect to the use
of the SkyGolf 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.
13) Beta Test Features — One or more features of the Products (including
software applications used in connection with the SkyCaddie
®
Product)
may be in beta test mode (the “beta features”). The beta features are
generally identified in the process either to register your SkyCaddie
®
Product or purchase your SkyCaddie
®
Membership Plan, and the beta
features identified therein may be changed from time to time. 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 SkyCaddie
®
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 08/11/2014
SKYCADDIE TOUCH CONSUMER LIMITED WARRANTY
(AUTHORIZED U.S. 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
SkyCaddie TOUCH product, who purchases the SkyCaddie TOUCH product
in an authorized United States sale, who is a resident of the United States at
22 23
the time of purchase and who registers the SkyCaddie product with SkyGolf
using a bona fide United States 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 SkyCaddie TOUCH 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 SkyCaddie TOUCH 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 SkyCaddie TOUCH models and only if the extended
warranty is purchased through SkyGolf within 30 days of the original purchase
of the eligible SkyCaddie 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
SkyCaddie models other than new SkyCaddie TOUCH models and are not
available on any used SkyCaddie TOUCH 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 LCD screen
or outside casing; (2) damage caused by misuse, neglect, improper installation
or 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-SkyCaddie 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 mobiles or tablet computers, or with mobile
device applications like mobile or tablet computer applications. Any third-
party products, including software included with SkyCaddie 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 SkyCaddie case. Opening the SkyCaddie
case may cause damage that is not covered by this warranty. Only
SkyGolf or an authorized SkyGolf service center should perform
service on this SkyCaddie product. Opening the SkyCaddie 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.
24 25
BONA FIDE U.S. RESIDENCY:
Notwithstanding any provision to the contrary herein, the limited warranty
provided for herein shall only apply to the extent the SkyCaddie TOUCH was
purchased by a consumer Customer in an authorized United States sale, the
Customer is a United States resident at the time of purchase and the Customer
registered the SkyCaddie TOUCH using the Customer’s bona fide U.S.
address. Post office boxes or other similar addresses shall not qualify as a
bona fide U.S. 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. shall not qualify as a bona fide U.S. 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 SkyCaddie products, the Customer must
contact SkyGolf customer service center at customerservice@skygolf.com for
a return authorization code, and 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. 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.
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, stored on your
SkyCaddie device by downloading to your SkyGolf, ClubSG (Beta), or SkyGolf
360 mobile application account before delivering your SkyCaddie for service,
as you will either receive a refurbished SkyCaddie device under SkyGolf’s
Back-in-Play program or 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,
26 27
LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR
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 SKYCADDIE PRODUCTS WHICH
ARE PURCHASED IN AN AUTHORIZED UNITED STATES SALE, ARE
PURCHASED BY A UNITED STATES RESIDENT AT THE TIME OF
PURCHASE AND ARE REGISTERED TO A CUSTOMER WITH A BONA FIDE
UNITED STATES 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 SkyCaddie packaging or otherwise
relating to SkyCaddie products that communicate with or connect via
Bluetooth
®
to mobile devices, such as mobiles 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
SkyCaddie product will function properly or achieve satisfactory performance
while connecting via Bluetooth to iOS or Android devices. ALL WARRANTIES
WITH RESPECT TO YOUR SKYCADDIE PRODUCT SHALL BE LIMITED BY
THE FOREGOING COMPATIBILITY RESTRICTIONS. A SkyGolf 360 mobile
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 SkyCaddie
product shall be deemed the United States.
Revised 8-12-2014
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v. 1.1-081914
The True Measure of the Game®
www.SkyGolf.com