END USER LICENSE AGREEMENT
PUTT4D END USER LICENSE AGREEMENT
May 31, 2018
END-USER LICENSE AGREEMENT FOR PUTT4D SOFTWARE. IMPORTANT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE CONTINUING WITH THIS PROGRAM INSTALL.
This End-User License Agreement (“EULA”) is a legal agreement between you and Rgolf Inc. (“RGOLF”) for the software product identified above which may include associated software components, content and online documentation, and updates to these (“SOFTWARE “). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and RGOLF, and it supersedes any prior proposal, representation, or understanding between the parties. Further, you acknowledge that this agreement is solely between you and RGOLF, and that the APPLE APP STORE (“APPLE”) and GOOGLE PLAY (“GOOGLE”) has no liabilities, responsibilities or obligations in the SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE
a. Scope of License. This is a non-exclusive, worldwide, perpetual license granted to you for the SOFTWARE by RGOLF for use on a APPLE iOS or Android device that you own or control. This is a non-transferable license. You may not rent, lease, lend, sell, redistribute or sublicense or otherwise transfer in whole or in part the SOFTWARE to another party. The terms of the license will govern any updates provided by RGOLF that supplement the original SOFTWARE, unless such update is accompanied by a separate license in which case the terms of that license will govern.
b. Software copying or modification is not permitted. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the SOFTWARE and these terms. You may not copy or publish the SOFTWARE for others to copy, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the SOFTWARE. Any attempt to do so is a violation of the rights of RGOLF. If you breach this restriction, you may be subject to prosecution and damages.
c. Illegal uses are not permitted. You may not use the SOFTWARE in any way that is against the law.
d. Screen capture for personal use is permitted. For non-commercial personal use only, you may copy and use screenshot images from the SOFTWARE. You may distribute these images non-commercially, unless specifically restricted otherwise.
The license is effective until terminated by you or RGOLF. Your rights under this license will terminate automatically without notice from RGOLF if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the SOFTWARE, and destroy all copies, full or partial, of the SOFTWARE.
3. NO WARRANTIES
RGOLF expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. RGOLF does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. RGOLF makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program (malware). RGOLF expressly disclaims any warranty or representation to Authorized Users or to any third party. Further, APPLE or GOOGLE has no warranty responsibility to the SOFTWARE.
4. PRODUCT CLAIMS
RGOLF is solely responsible for addressing claims on product liability, conformance to applicable laws and regulations, or claims related to consumer protection. APPLE or GOOGLE is not responsible for such product claims.
5. INTELLECTUAL PROPERTY
All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by RGOLF. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by RGOLF. In the event of a third-party claim on intellectual property infringment, RGOLF is solely responsible and APPLE or GOOGLE has no responsiblity in such claims.
6. LIMITATION OF LIABILITY
In no event shall RGOLF or APPLE or GOOGLE shall be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE, even if RGOLF has been advised of the possibility of such damages. In no event will RGOLF be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. RGOLF shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. THIRD PARTY BENEFICIARY
RGOLF states that APPLE or GOOGLE and their subsidiaries are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, the STORE will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
8. DEVELOPER CONTACT
For correspondence on these end-user license matters, please contact us by mail or email:
2000 Kraft Drive
Blacksburg, Virginia 24060