Safety and Product Information Guide

Aug 23, 2023

1159

Please read carefully this Safety and Product Information Guide before setup or use of the SkyTrak system. Failure to read and follow the Safety and Product Information Guide may cause serious injury or death.

The SkyTrak system specifications and functionality are constantly evolving, and we may update or change the SkyTrak system in whole or in part, without notice to you. Such updates may be required for you to use new functionality, access new courses or features, or continue to access and use existing courses and features. The courses and features available for use on the SkyTrak system change from time to time, and not all courses or features previously offered will be available. Some features require an annual subscription. The software in the SkyTrak system is licensed and not sold to you, and is subject to the End User License Agreement set forth in this Guide.

Important Health and Safety Information

Please read the following important health and safety information before using the SkyTrak system. Failure to read and follow this safety information may cause serious injury or property damage.

Use by Children and Inexperienced Users

The SkyTrak system is designed for adult use and for individuals with some prior golfing experience.

Use of the SkyTrak system by children should only be done with adult supervision.
Individuals without golfing experience should be aware of their surroundings and the amount of space needed to swing and hit a golf ball, and should be aware that errantly hit golf balls, like a shank, can dramatically deviate from the intended target line. It is recommended that those without golfing experience first use the SkyTrak system with someone with golfing experience.

Avoiding Water and Wet Locations

Exposure to water may cause damage to the SkyTrak system and electric shock to the user. Do not use the SkyTrak system in wet locations. Use extra caution when using the SkyTrak system outdoors to avoid getting the SkyTrak system wet from rain, snow, dew, water hoses, and other moisture sources.

DO NOT LEAVE THE SKYTRAK SYSTEM OUTDOORS WHEN NOT IN USE.

Take care not to spill any food or liquid on the SkyTrak system. Do not attempt to dry the SkyTrak system with an external heat source, such as a microwave, oven or hair dryer. A SkyTrak system damaged as a result of exposure to liquids is not serviceable.

Charging the SkyTrak System

In charging the SkyTrak system, use only a SkyTrak supplied charger specifically designed for the SkyTrak system. Use of other chargers may cause personal injury and property damage, including damage to the SkyTrak system.

SkyTrak is not responsible for the operation of third-party accessories or their compliance with safety and regulatory standards.

When charging the battery on the SkyTrak system with an authorized SkyTrak charger designed for use with the SkyTrak system, 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 the SkyTrak system 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.

Exposure to Radio Frequency Energy

Your SkyTrak device contains radio transmitters and receivers, much like cell phones, pagers and other similar devices. When on, your SkyTrak device sends and receives radio frequency (RF) energy through its antenna.

Your SkyTrak device is designed and manufactured to comply with applicable limits for exposure to RF energy.

Radio Frequency Interference:

The SkyTrak system can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.

Do not use the SkyTrak system within 9 inches of a pacemaker.
If you have a pacemaker or other implanted medical device, do not use the SkyTrak system without first consulting your doctor or the manufacturer of your medical device.

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-emitting-products 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/health-topics/electromagnetics-fields .

SkyTrak Product Certification and Compliance

U.S.

Model: REE 2.0

FCC ID: O7P-362

Canada

Model: REE 2.0

IC ID: 10147A-362

Important: Changes or modifications to this product not authorized by SkyTrak 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 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.

Disposal and Recycling Information

Your SkyTrak device 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.

Setting Up Your Space for SkyTrak

Before playing with SkyTrak the first time, be sure to remove the protective film from its optics lens (SkyTrak Original) and to fully charge its battery for 6 hours with the unit off.

To reduce the risk of injury or property damage, it is recommended that the SkyTrak system be set up using the guidelines below. Please ensure that you have created enough space around you to safely play with SkyTrak and that you heed all applicable safety precautions at all times.

Minimum Unobstructed Area Dimensions

Ceiling height: Safe ceiling height varies and depends on your physical height and the length of your club.. Min 10 feet (3,35m).

Length: 10 feet (3,35m).

Width: 10 feet (3,35m).

CONSUMER LIMITED WARRANTY SKYTRAK PRODUCTS

Authorized U.S. and Canada Units Only

GOLFTEC Enterprises, LLC of 67 Inverness Drive East, Suite A, Englewood, CO 80112, (“SkyTrak”) or the (“Company”) provides a limited consumer hardware warranty to the original consumer (non-commercial) user (the “Customer”) of this SkyTrak product. This limited warranty is non-transferable and does not extend to product used in any manner other than by an individual consumer in a non-commercial use, all other warranties are excluded as provided below.

WARNING:

Golf can be a dangerous activity. When swinging a golf club or hitting a golf ball make sure you have ample space to do so without harming others or damaging property, and when indoors, take additional precaution to avoid hitting the ceiling. ALWAYS USE YOUR SKYTRAK PRODUCT IN A SAFE AREA, AWAY FROM PEOPLE, ESPECIALLY SMALL CHILDREN, AND PROPERTY. WHEN HITTING GOLF BALLS INDOORS, INCLUDING YOUR GARAGE, ALWAYS USE A SAFETY NET SPECIFICALLY DESIGNED FOR USE WITH GOLF BALLS. Failure to follow these precautions can lead to serious injury or death to persons and damage to property.

When setting up your SkyTrak system for use, the SkyTrak device, your smartphone, tablet or computer and any playback device like your television, should be placed safely away from your hitting area and preferably safely to the side and behind the golf ball to prevent the golf club or golf ball, especially errantly hit golf balls, from damaging these devices.

SkyTrak assumes no liability or responsibility for the failure of the user to follow these precautions.

HARDWARE:

Subject to the exclusions, limitations, and conditions stated below, SkyTrak warrants that this SkyTrak product will be free from defects in workmanship and materials, under normal consumer (non-commercial) use, for the lesser of (1) a period of six (6) months from the original purchase date or (2) a total of 25,000 shots taken on the SkyTrak product.

AVAILABLE EXTENDED WARRANTY UPGRADE:

At the time of registration but within thirty (30) days of original purchase, Consumers may optionally purchase a limited warranty upgrade to the lesser of (1) twelve (12) months from the original purchase date or (2) a total of 50,000 shots taken on the SkyTrak product. The extended warranty does not include accessories and components.

LIMITATIONS AND EXCLUSIONS:

This warranty excludes (1) cosmetic or physical damage to the surface of the product, including cracks or scratches; (2) normal wear and tear, (3) 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 SkyTrak or any other cause beyond the range of the intended use; (4) damage caused by accident, fire, water or liquids, power changes, other hazards, or acts of God; (5) use of the product with any non-SkyTrak component, such as chargers or connection cables, or service if such component or service causes the problem; (6) use of this product for any non-consumer, commercial or rental purpose; (7) damage caused by a golf ball or golf club or the failure to use a properly placed safety net or golf hitting mat, or (8) software installed on or with this SkyTrak product or any other device, such as smartphones, tablets or computers. Any third-party products, including software included with this SkyTrak product, are not covered by this Consumer Limited Warranty, and the Company makes no representations or warranties on behalf of such third parties. Any warranty on such third party products is from the supplier or licensor of the third-party product.

IMPORTANT: Do not open the SkyTrak case. Opening the SkyTrak case may cause damage that is not covered by this warranty. Only SkyTrak or an authorized SkyTrak service center should perform service on this SkyTrak product. Opening the SkyTrak case shall void this warranty.

EXCLUSIVE REMEDIES AND PROCEDURE:

SkyTrak’s total obligation under this warranty shall be, at SkyTrak’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, SkyTrak 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 SkyTrak shall become the sole property of SkyTrak.

To obtain warranty service for SkyTrak products, the Customer must contact the SkyTrak customer service center noted below for a return authorization code, and return the unit shipping prepaid, with proof of the date of original purchase and return authorization code. 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. SkyTrak 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.

SkyTrak’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.

Country of Purchase

Customer Service Contact

Return Shipping Address

United States and Canada

[email protected]

Warranty Returns

Alltech Wireless
311 Front St
Newhebron MS

No oral or written information or advice given by SkyTrak or its dealers, distributors, employees or agents shall in any way extend, modify or add to this Limited Warranty.

WARRANTY LIMITATION:

THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANT- ABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPON- DENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

COMMERCIAL USE:
THIS SKYTRAK PRODUCT IS NOT WARRANTED FOR COMMERCIAL, NON- CONSUMER, USE. WITH RESPECT TO COMMERCIAL USE OF THIS SKYTRAK PRODUCT, SKYTRAK MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL SKYTRAK 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 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.

SKYTRAK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR INJURY OR DAMAGE CAUSED BY SWINGING A GOLF CLUB OR BY A HIT GOLF BALL, AND THE USER ASSUMES ALL RESPONSIBILITY TO INSURE THE PROPER AND SAFE SETUP AND USE OF THE SKYTRAK SYSTEM.

EVEN IF SKYTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SKYTRAK’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.

Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied or expressed 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.

COMPATIBILITY WITH MOBILE DEVICES:

Any System Requirements set forth on SkyTrak packaging or otherwise relating to SkyTrak products that communicate with or connect to mobile devices, 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 GOLFTEC Enterprises, LLC.

Accordingly, GOLFTEC Enterprises, LLC does not warrant that your SkyTrak product will function properly or achieve satisfactory performance while connecting to iOS or Android devices. ALL WARRANTIES WITH RESPECT TO YOUR SKYTRAK PRODUCT SHALL BE LIMITED BY THE FOREGOING COMPATIBILITY RESTRICTIONS.

To see a list of currently compatible mobile devices, go to: www.skytrakgolf.com

GOVERNING LAW:

This Consumer Limited Warranty shall be governed by the laws of the State of Colorado, 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.

Revision No.: 11/12/2014

SKYTRAK 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 SKYTRAK PRODUCT CONTAINED WITHIN THE PACKAGE THAT INCLUDES THIS LICENSE AGREEMENT (SUCH SKYTRAK PRODUCT, TOGETHER WITH ITS EMBEDDED SOFTWARE IS REFERRED TO AS THE “SKYTRAK PRODUCT”) OR THE INSTALLATION ON A PERSONAL COMPUTER OR A SMARTPHONE, TABLET COMPUTER OR OTHER MOBILE DEVICE OF SOFTWARE ASSOCIATED WITH THE SKYTRAK PRODUCT (SUCH SOFTWARE AND THE SKYTRAK 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 GOLFTEC Enterprises, LLC via the SkyTrak’s Internet web site, then you should contact the Customer Service department via www.skytrakgolf.com, or e-mail [email protected] to apply for and arrange for a refund of your purchase within thirty (30) days of original purchase.

IMPORTANT: The license granted hereunder applies only where the SkyTrak Product is purchased by you in an authorized U.S. or Canada sale, you were a United States or Canadian resident at the time you purchased the SkyTrak Product and you registered the SkyTrak Product using your bona fide U.S. or Canadian address. In the event you did not purchase the SkyTrak 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 with respect to the Products, and you should contact SkyTrak Customer Service at [email protected] or via www.skytrakgolf.com to apply for and arrange for a refund of your purchase within thirty (30) days of original purchase.

LICENSE AGREEMENT
This License Agreement (this “License Agreement”) is a legal agreement between you and GOLFTEC Enterprises, 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 SkyTrak Product or is downloaded or provided in connection with the SkyTrak Product, a SkyTrak Subscription Plan, or a SkyGolf 360 mobile application account (collectively, the “SkyTrak 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.

Grant of License — Licensor provides limited access to the SkyTrak Software and, in connection therewith, the SkyTrak 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 SkyTrak Subscription Plan. To the extent this License Agreement includes the licensing of Software or other components also licensed in connection with a SkyTrak Subscription Plan (which includes access to SkyTrak premium services like course maps, training games, tournaments and advanced features besides the basic driving range), you will lose access to such Software and other components (including any SkyTrak course maps downloaded to your SkyTrak device as well as any scores, statistics and other information you have stored on your SkyTrak or SkyGolf 360 account) on expiration of the term of your SkyTrak Subscription Plan if not timely renewed. If you do not purchase a SkyTrak Subscription Plan, or if you purchase a Registration Only Subscription Plan, the license granted hereunder shall be limited in scope to the use of the SkyTrak Software solely in connection with the basic driving range, and shall not include a license to use the SkyTrak Software in connection
with any other features or functionality of the SkyTrak Software, including SkyTrak premium services like course maps, training games, tournaments and advanced features besides the basic driving range. Licensor reserves the right to stop offering SkyTrak Subscription Plans and/or renewals, and to remove or limit the features or functionality of SkyTrak Subscription Plans, at any time without notice. Additionally, some features or functionality of SkyTrak Subscription Plans, like some course maps, training games, tournaments and other advanced features, are dependent on licenses and agreements with third party providers, and Licensor reserves the right to remove from SkyTrak Subscription Plans or not offer such third party provided features or functionality in the event Licensor’s agreement with such third party providers expires, terminates or is not renewed for any reason.

(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 SkyTrak Software under the terms stated in this License Agreement and, if purchased separately, the terms stated in your SkyTrak Subscription Plan License Agreement for solely personal noncommercial use in connection with the single SkyTrak Product. Title, ownership and copyright of the SkyTrak Software and any scores, statistics and other information stored on your SkyTrak or SkyGolf 360 account are vested in, and remain with, the Licensor. The rights granted herein are limited to the use
of the SkyTrak Software and your SkyTrak 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) Subject to paragraph 5 below and the other terms of this License Agreement, you are granted a nontransferable, non-exclusive license to use the SkyTrak Software under the terms stated in this License Agreement and, if purchased separately, the terms stated in your SkyTrak Subscription Plan License Agreement for solely personal noncommercial use in connection with the single SkyTrak Product. Title, ownership and copyright of the SkyTrak Software and any scores, statistics and other information stored on your SkyTrak or SkyGolf 360 account are vested in, and remain with, the Licensor. The rights granted herein are limited to the use of the SkyTrak Software and your SkyTrak 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.

(C) You may not assign, distribute, lease, rent, lend, sublicense, or transfer this license to the SkyTrak Software or any of their modules or components, except as provided herein or by item (b) above, or disclose the SkyTrak Software to any other person or entity, or otherwise offer access to or use of, the SkyTrak 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 SkyTrak 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 SkyTrak Software to another party in connection with the transfer of ownership of the SkyTrak Product, provided that: (a) the transfer must include the SkyTrak Product and all of the SkyTrak Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the SkyTrak Software, full or partial, including copies stored on a computer or other storage device; (c) the party receiving the SkyTrak 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 SkyTrak course maps or other SkyTrak Software.

(D) You agree that Licensor may, from time to time, send communications to you regarding (i) your SkyTrak Product, (ii) the SkyTrak Software, (iii) your SkyTrak, SkyTrak 360™ (Beta) and/or SkyTrak 360 account, (iv) other notifications relevant to the SkyTrak 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.

(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 SkyTrak Subscription Plan (including access to SkyTrak 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 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 SkyTrak 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 SkyTrak Product on which the SkyTrak 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 SkyTrak Product and you registered the SkyTrak 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 SkyTrak 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 SkyTrak Software, and if you purchased the SkyTrak Product directly from Licensor via the Licensor’s Internet web site, then you should contact the Customer Service department via www.skytrakgolf.com, or e-mail [email protected] to apply for and arrange for a refund of your purchase within thirty (30) days of original purchase. In the event you did not purchase the SkyTrak 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 SkyTrak Product directly from Licensor, then you should contact the seller.
LIMITATION OF LIABILITY
LICENSOR PROVIDES THE SKYTRAK 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 SKYTRAK SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR SKYTRAK 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 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 SKYTRAK PRODUCT, SKYTRAK 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 SKYTRAK 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 SKYTRAK 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 SkyTrak is at your own risk.
Export Control — You may not use or otherwise export or re-export the SkyTrak Software except as authorized by United States law. In particular, but without limitation, the SkyTrak 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 SkyTrak 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 SkyTrak 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 SkyTrak Product and related accessories may be restricted by the laws of countries other than the country in which the SkyTrak Product and related accessories are purchased, which shall be deemed to be the United States. If you intend to use the SkyTrak 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 SkyTrak Product and related accessories are permitted in such other country.
U.S. Government Restricted Rights — The SkyTrak 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 GOLFTEC Enterprises, LLC, 67 Inverness Drive East, Suite A
Englewood, CO 80112.
Requirement to Purchase a SkyTrak Subscription Plan — Some or all of the SkyTrak Software (including access to SkyTrak course maps and advanced course management features) may not be used without a current SkyTrak Subscription Plan, and no license is hereunder granted thereto without a current SkyTrak Subscription Plan. To the extent any of the SkyTrak Software is included in a SkyTrak Subscription Plan, you must separately purchase the SkyTrak Subscription Plan, and the use and license of such SkyTrak Software is subject to and governed by the SkyTrak Subscription Plan and any license agreement in connection with such Subscription Plan. If you do not purchase the SkyTrak Subscription Plan, you will not have access to, and are not granted a license hereunder for such SkyTrak Software, and the license granted hereunder shall be limited in scope to the use of the SkyTrak Software solely in connection with the basic driving range. Any features of the SkyTrak Software, other than the basic driving range, that come preloaded on your SkyTrak Product are for limited time trial only and may be removed at SkyTrak’s discretion if a SkyTrak subscription plan is not purchased.
Requirement to Purchase of a SkyTrak 360 Mobile Application — Some or all features of the SkyTrak Product and/or the SkyTrak Software (including statistical analysis and storing of playing information) may not be used without a current SkyTrak 360 mobile application installed on a compatible mobile device, and no license is hereunder granted thereto without a current SkyTrak 360 mobile application. To the extent any of the SkyTrak Software is included in a SkyTrak 360 mobile application, you must separately purchase the SkyTrak 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 SkyTrak Software is subject to and governed by the SkyTrak 360 mobile application license agreement. If you do not purchase the SkyTrak 360 mobile application, you will not have access to, and are not granted a license hereunder for, such SkyTrak Software. IMPORTANT NOTE ABOUT MOBILE COMPATIBILITY: Any System Requirements set forth on SkyTrak Product packaging or otherwise are minimum requirements only and compatibility with specific devices 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 iOS or Android systems. SPECIAL NOTE ABOUT ANDROID DEVICES: Performance of Android-based devices varies from device to device and from manufacturer to manufacturer. CONSEQUENTLY, SKYTRAK CANNOT AND DOES NOT GUARANTEE THAT THE PRODUCTS WILL FUNCTION PROPERLY OR COMPLETELY WITH ANDROID-BASED DEVICES. SkyTrak mobile application for Android devices may not be immediately available
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.
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 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.SkyTrak.com. Licensor reserves the right to change or discontinue its support of the SkyTrak Software.
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.
Complete Agreement — This License Agreement, together with any license agreement you entered in connection with a SkyTrak Subscription Plan or SkyTrak 360 mobile application, constitutes the entire agreement between the parties with respect to the use of the SkyTrak 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.
Beta Test Features — One or more features of the Products (including software applications used in connection with the SkyTrak 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 SkyTrak 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.

Use by Children and Inexperienced Users

SKYTRAK PRODUCT USE AND LICENSE AGREEMENT

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