User manual

FCC ID: X8F-SCTOUCH

Users Manual

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FCCID_2600686

SkyCadidie® TOUCIA

© 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 IMPORTANT Technologies, LLC, registered in the United States and other PLEASE READ CAREFULLY BEFORE USING countries, and SkyGolf 360™ and SkyCaddie TOUCH™ are trademarks of SkyHawke Technologies, LLC. Apple®, iPhone®, YOUR SKYCADDIE TOUCH iPod® and iPad® are trademarks of Apple, Inc. and are registered in This Product Information Guide contains important safety, handling, and the United States and other countries. Google Play™ is a trademark warranty information, as well as software license information, for your of Google, Inc. Bluetooth® word and logo marks are registered SkyCaddie TOUCH. Please read carefully before using your SkyCaddie trademarks owned by Bluetooth SIG, Inc. Use of marks not owned by TOUCH. SkyHawke Technologies is under license. Other trademarks and trade names are those of their respective owners. Important Safety and Handling Information WARNING: Failure to follow these safety and handling instructions could result All content within is copyrighted by SkyHawke Technologies, LLC and in fire, electric shock, or other personal injury or property damage, including may not be reprinted without permission. The content of this Guide damage to your SkyCaddie TOUCH. (except for the SkyCaddie Product Use and License Agreement and Carrying and Handling your SkyCaddie TOUCH the SkyCaddie TOUCH Consumer Limited Warranty) is furnished for Your SkyCaddie TOUCH contains sensitive components. Do not disassemble, informational use only, is subject to change without notice, and should open, crush, puncture, shred, microwave, incinerate, or insert foreign objects not be construed as a commitment by SkyHawke Technologies, LLC. into your SkyCaddie TOUCH. SkyHawke Technologies, LLC assumes no responsibility or liability for any errors or inaccuracies that may appear in the informational Avoiding Water and Wet Locations content contained in this Guide. 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 2 3

spill any food or liquid on your SkyCaddie TOUCH. Do not attempt to dry your The charger may become warm during normal use, however your SkyCaddie SkyCaddie TOUCH with an external heat source, such as a microwave oven TOUCH should never become hot. Always allow adequate ventilation around or hair dryer. SkyCaddie TOUCH devices that are damaged as a result of the charger and use care when handling. Unplug the charger if any of the exposure to liquids are not serviceable. following conditions exist: • The power cord or plug has become frayed or damaged. Repairing or Modifying your SkyCaddie TOUCH • The adapter is exposed to rain, liquid or excessive moisture. Never attempt to repair or modify your SkyCaddie TOUCH yourself. • The adapter case has become damaged. Disassembling your SkyCaddie TOUCH will void the warranty. Your SkyCaddie • You suspect the adapter needs service or repair. TOUCH does not contain any user-serviceable parts. Service should only be provided by a SkyGolf® Authorized Service Provider. If your SkyCaddie Choking Hazards TOUCH has been punctured, or subjected to a severe fall, do not use it until Your SkyCaddie TOUCH contains small parts, which may present a choking you contact an Authorized Service Provider. The rechargeable battery in your hazard to small children. Keep your SkyCaddie TOUCH and its accessories SkyCaddie TOUCH is not user-replaceable and should be replaced by a away from children. SkyGolf Authorized Service Provider only. For service information, go to www.SkyCaddie.com. Using Connectors and Ports Never force a connector into a port on your SkyCaddie TOUCH. Check for Charging your SkyCaddie TOUCH obstructions on the port. If the connector and port do not join with reasonable In charging your SkyCaddie TOUCH, use only a SkyGolf supplied charger ease, make sure that the connector and port are properly aligned before specifically designed for your SkyCaddie TOUCH. Use of other chargers attempting to insert again. may cause personal injury and property damage, including damage to your SkyCaddie TOUCH. Keeping Your SkyCaddie TOUCH Within Acceptable Temperatures Operate your SkyCaddie TOUCH in a place where the temperature is between Read all safety instructions for any products and accessories before using your 0° and 35° C (32° to 95° F). Low or high temperature conditions might shorten SkyCaddie TOUCH. SkyGolf is not responsible for the operation of third-party battery life or cause your SkyCaddie TOUCH to stop working properly. Avoid accessories or their compliance with safety and regulatory standards. dramatic changes in temperature or humidity when using your SkyCaddie TOUCH and store it in a cool, dry place at room temperature. When charging the battery on your SkyCaddie TOUCH with an authorized SkyGolf charger designed for use with the SkyCaddie TOUCH, make sure that Exposure to Radio Frequency Energy the charger is fully assembled before you plug it into a power outlet. Do not Your SkyCaddie TOUCH contains radio transmitters and receivers, much connect or disconnect the charger with wet hands. like cell phones, pagers and other similar devices. When on, your SkyCaddie TOUCH sends and receives radio frequency (RF) energy through its antenna. 4 5

The SkyCaddie TOUCH can emit radio waves that can affect the operation of Canada nearby electronics, including cardiac pacemakers. Model: SkyCaddie TOUCH • Do not use the SkyCaddie TOUCH within 9 inches of a pacemaker. FCC ID: X8F-SCTOUCH • If you have a pacemaker or other implanted medical device, do not use the SkyCaddie TOUCH without first consulting your doctor or the E.U. 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. Important: Changes or modifications to this product not authorized by Additional Information SkyGolf could void the electromagnetic compatibility (EMC) and wireless For more information from the FCC about exposure to RF energy, see: compliance and negate your authority to operate the product. www.fcc.gov/oet/rfsafety This product has demonstrated EMC compliance under conditions that The FCC and the U.S. Food and Drug Administration (FDA) also maintain a included the use of compliant peripheral devices and shielded cables between consumer website at www.fda.gov/Radiation-EmittingProducts/default.html system components. It is important that you use compliant peripheral devices to address inquiries about the safety of radio emissions. Check the website and shielded cables between components to reduce the possibility of causing periodically for updates. interference to radios, televisions, and other electronic devices. For information about the scientific research related to RF energy exposure, FCC Compliance Statement see the EMF Research Database maintained by the World Health Organization This device complies with part 15 of the FCC rules. Operation is subject to the at: www.who.int/emf following conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that Certification and Compliance may cause undesired operation. U.S. Model: SkyCaddie TOUCH Note: This equipment has been tested and found to comply with the limits for FCC ID: X8F-SCTOUCH 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 6 7

no guarantee that interference will not occur in a particular installation. If this Warranty Obligator for Region or Country of Purchase equipment does cause harmful interference to radio or television reception, Country of Purchase Address which can be determined by turning the equipment off and on, the user is Canada Warranty Returns encouraged to try to correct the interference by one or more of the following Jancor Agencies measures: 185 Avro, Pointe-Claire, QC H9R 6A9 • Reorient or relocate the receiving antenna. customerservice@skygolf.com • Increase the separation between the equipment and receiver. • Connect the equipment to an outlet on a circuit difference from that to European Union SkyHawke Technologies UK, Ltd. which the receiver is connected. Haddenham Business Park • Consult the dealer or an experienced radio/TV technician to help. Units 10 C-E, Haddenham, Buckinghamshire HP 17 8LJ Canadian Compliance Statement customersupport@skycaddiegps.co.uk This device complies with the Industry Canada license exempt RSS standards. Operation is subject to the following two conditions: (1) this device may not United States and All Warranty Returns cause interference, and (2) this device must accept any interference, including Non-European Union, SkyHawke Technologies, LLC interference that may cause undesired operation of the device. Other than Canada 274 Commerce Park Drive Ridgeland, MS 39157 European Community Compliance Statement customerservice@skygolf.com The equipment complies with the RF Exposure Requirement 1999/519/EC, Council Recommendation of 12 July 1999 on the limitation of exposure of SKYCADDIE® PRODUCT USE AND the general public to electromagnetic fields (0-300 GHz). This wireless device LICENSE AGREEMENT complies with the R&TTE Directive. (Authorized U.S. Sales Only) Disposal and Recycling Information PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW Your SkyCaddie TOUCH should be disposed of separately from household BEFORE USING THIS PRODUCT! waste. When this product reaches its end of life, take it to a collection point WARNING! PROCEEDING WITH USE OF THE SKYCADDIE® PRODUCT designated by local authorities that accept spent batteries and other similar CONTAINED WITHIN THE PACKAGE THAT INCLUDES THIS LICENSE wastes. Not all collection points accept products for free. The separate AGREEMENT (THE “SKYCADDIE PRODUCT”) OR THE INSTALLATION OF collection and recycling of your product at the time of disposal will help SOFTWARE ASSOCIATED WITH THE SKYCADDIE® PRODUCT (SUCH conserve natural resources and ensure that it is recycled in a manner that SOFTWARE AND THE SKYCADDIE PRODUCT ARE SOMETIMES SINGLY protects human health and environment. AND COLLECTIVELY REFERRED TO AS THE “PRODUCTS”) INDICATES 8 9

YOUR ACCEPTANCE OF THESE LICENSING TERMS. IF YOU DO NOT documentation and any fonts, whether on disk, in read only memory, on any AGREE WITH THESE TERMS, YOU SHOULD NOT USE OR INSTALL THE other media or in any other form, that either came with the SkyCaddie® PRODUCTS, AND YOU SHOULD RETURN THE PACKAGE CONTAINING Product or is downloaded or provided in connection with the SkyCaddie® THE PRODUCTS TO THE POINT OF PURCHASE WITH A DATED RECEIPT Product or a SkyGolf, Club SG™ (Beta) or SkyGolf 360 mobile application WITHIN THIRTY (30) DAYS TO APPLY FOR A REFUND. account (collectively, the “SkyGolf Software” or “Software”) are licensed, not sold, to you by Licensor for use only under the terms of this License If you purchased the Products directly from SkyHawke Technologies, LLC via Agreement, and Licensor reserves all rights not expressly granted to you. the Licensor’s Internet web site, then you should contact the Customer Service 1) Grant of License — Licensor provides limited access to the SkyGolf department by e mail: customerservice@skygolf.com to apply for and arrange Software and, in connection therewith, the SkyGolf internet web site, for a refund of your purchase. and grants a limited license for their use under the terms of this License Agreement and, if separately purchased, the terms of your SkyCaddie® IMPORTANT: The license granted hereunder applies only where Membership Plan and/or SkyGolf 360 mobile application. To the SkyGolf Software is installed on a SkyCaddie Product which was extent this License Agreement includes the licensing of Software or purchased by you in an authorized United States sale, you were a other components also licensed in connection with a SkyCaddie® United States resident at the time you purchased the SkyCaddie Membership Plan (which includes access to SkyGolf course maps and Product and you registered the SkyCaddie Product using your bona to advanced course management features) and/or a SkyGolf 360 fide U.S. address. In the event you did not purchase the SkyCaddie mobile application (which includes statistical analysis and storing Product in an authorized U.S. sale or were not a U.S. resident at the of playing information), you will lose access to such Software and time of purchase or do not have a U.S. address, no license is granted other components (including any SkyGolf course maps downloaded to with respect to the Products, but you may contact SkyGolf Customer your SkyCaddie® device as well as any scores, statistics and other Service at customerservice@skygolf.com for options to purchase a information you have stored on your SkyGolf, Club SG™ (Beta) license applicable to your country of residence. or SkyGolf 360 account) on expiration of the term of your SkyCaddie® Membership Plan or SkyGolf 360 mobile application if not timely LICENSE AGREEMENT renewed. If you do not purchase a SkyCaddie® Membership Plan, or This License Agreement (this “License Agreement”) is a legal agreement if you purchase a Registration Only Membership Plan, and/or if you do between you and SkyHawke Technologies, LLC (“Licensor”). By using or not purchase a SkyGolf 360 mobile application, you will not have installing the Products, you acknowledge and agree that you have read, access to the features and functionality of the SkyCaddie® Membership understood and agreed to this License Agreement and that this License Plan, such as SkyGolf’s course maps and advanced course Agreement is enforceable like any written negotiated agreement signed by you. management features, or of the SkyGolf 360 mobile application, Any and all software (including any embedded software, drivers, such as statistical analysis and storing of playing information. Licensor enhancements, revisions, downloads, modifications or updates), reserves the right to stop offering SkyCaddie® Membership Plans and/or 10 11

SkyGolf 360 mobile application renewals at any time without notice. c. You may not assign, distribute, lease, rent, lend, sublicense, or a. Subject to paragraph 5 below and the other terms of this License transfer this license to the SkyGolf Software or any of their modules Agreement, you are granted a nontransferable, non-exclusive license or components, except as provided herein or by item (b) above, or to use the SkyGolf Software under the terms stated in this License disclose the SkyGolf Software to any other person or entity, or Agreement and, if purchased separately, the terms stated in your otherwise offer access to or use of, the SkyGolf Software via the SkyCaddie® Membership Plan License Agreement and/or Internet or via any other network which is available to or accessible SkyGolf 360 mobile application for solely personal by third parties. Any attempt to do so is a violation of the rights noncommercial use in connection with the single SkyCaddie® of Licensor and its licensors of the SkyGolf Software. If you breach Product. Title, ownership and copyright of the SkyGolf Software and this restriction, you may be subject to prosecution and damages. any scores, statistics and other information stored on your SkyGolf, You may, however, make a one-time permanent transfer of all of Club SG™ (Beta) or SkyGolf 360 account are vested in, and remain your license rights to the SkyGolf Software to another party in with, the Licensor. The rights granted herein are limited to the use connection with the transfer of ownership of the SkyCaddie® Product, of the SkyGolf Software and your SkyGolf, Club SG™ (Beta) or provided that: (a) the transfer must include the SkyCaddie® Product SkyGolf 360 account in accordance with this License Agreement, and all of the SkyGolf Software, including all its component parts, and do not include any rights in any patents or other intellectual original media, printed materials and this License; (b) you do not property rights of Licensor. retain any copies of the SkyGolf Software, full or partial, including b. Except as and only to the extent expressly permitted in this License copies stored on a computer or other storage device; (c) the party or by applicable law, you may not copy, de-compile, re-compile, receiving the SkyGolf Software reads and agrees to accept the reverse engineer, disassemble, attempt to derive the source code of, terms and conditions of this License and (d) the transfer is not of modify, or create derivative works or translations of the Software a commercial nature. You agree to reasonably cooperate with or SkyGolf course maps. The SkyGolf Software, SkyGolf course Licensor in inquiries by Licensor regarding your downloading and/or maps and other software downloaded from the Licensor’s web use of SkyGolf course maps or other SkyGolf Software. site may not be used with, transferred or transmitted to any other d. You agree that Licensor may, from time to time, send GPS hardware, GPS software, or any other user or medium, except communications to you regarding (i) your SkyCaddie® Product, (ii) to an authorized SkyCaddie® hardware/software system in your the SkyGolf Software, (iii) your SkyGolf, Club SG™ (Beta) and/ name (or the name of a transferee authorized by Licensor) for or SkyGolf 360 account, (iv) other notifications relevant to the personal noncommercial use in accordance with this License SkyCaddie® Product you have registered with Licensor, and (v) Agreement. Licensor reserves the right to limit the number of SkyGolf special product or service promotions or offers. These course maps downloaded to the SkyCaddie® Product, both in terms communications may come from either Licensor directly or through of total number of courses downloaded and number of courses third parties providing member benefit services for Licensor. This downloaded over any given period of time. permission supersedes any previous opt outs by you. 12 13

e. This License Agreement is effective until expiration, unless sooner 2) LIMITATION OF LIABILITY terminated by Licensor. To the extent this License Agreement LICENSOR PROVIDES THE SKYGOLF SOFTWARE ON AN “AS IS” includes the licensing of Software or other components also licensed BASIS AND DOES NOT WARRANT THE EXECUTION OR in connection with a SkyGolf Membership Plan (including access to PERFORMANCE OF THE SOFTWARE. NO WARRANTIES ARE SkyGolf course maps and to advanced course management EXPRESSED AND NONE SHALL BE IMPLIED. LICENSOR features) and/or a SkyGolf 360 mobile application (including SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES OF statistical analysis and storing of playing information), this License MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Agreement with respect to such Software or other components SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED expires simultaneously with the expiration of such Membership Plan WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU. NO or mobile application. Additionally, this license terminates, ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR without notice, if you fail to comply with any provision of this OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A Agreement. You agree upon expiration or termination to destroy the WARRANTY. SHOULD THE SKYGOLF SOFTWARE PROVE DEFECTIVE, SkyGolf Software, together with all copies, modifications and merged YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, portions in any form, including any copy in your computer memory or REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR on a hard disk. SKYGOLF SOFTWARE, OR FOR SUBSCRIPTION FEES PAID FOR f. Notwithstanding any provision to the contrary herein, the license SKYGOLF COURSE MAP DATABASES. IN NO EVENT SHALL granted hereunder shall only apply to the extent the SkyCaddie LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR Product on which the SkyGolf Software is installed was purchased by ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU you in an authorized United States sale, you were a United States FOR USE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR resident at the time you purchased the SkyCaddie Product and you BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR registered the SkyCaddie Product using your bona fide U.S. address. CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY Post office boxes or other similar addresses shall not qualify as a TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF bona fide U.S. address, and addresses obtained, rented or leased THE POSSIBILITY OF SUCH DAMAGES. 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. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL In the event you did not purchase the SkyCaddie Product in an LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, authorized U.S. sale or were not a U.S. resident at the time of SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, purchase or do not have a U.S. address, no license is granted to the INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, SkyGolf Software, but you may contact SkyGolf Customer Service at LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER customerservice@skygolf.com for options to purchase a license COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED applicable to your country of residence. TO YOUR USE OR INABILITY TO USE ANY SKYCADDIE® PRODUCT, 14 15

SKYGOLF SOFTWARE AND SOFTWARE UPDATES, HOWEVER laws of countries other than the country in which the SkyCaddie® CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, Product and related accessories are purchased, which shall be deemed TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED to be the United States. If you intend to use the SkyCaddie® Product and OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO related accessories in a country other than the United States, you are solely NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, responsible for determining whether use of all features and functionality of OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS the SkyCaddie® Product and related accessories are permitted in such LIMITATION MAY NOT APPLY TO YOU. other country. THE SKYGOLF SOFTWARE IS NOT INTENDED FOR USE IN THE 4) U.S. Government Restricted Rights — The SkyGolf Software is provided OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR with RESTRICTED RIGHTS. Use, duplication or disclosure by the COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE Government is subject to restrictions set forth in subdivision (c) (1) of The SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE Rights in Technical Data and Computer Software clause at 252.227-7013. OF THE SKYGOLF SOFTWARE COULD LEAD TO DEATH, PERSONAL Contractor/Manufacturer is SkyHawke Technologies, LLC, 274 Commerce INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Park Drive - Suite M, Ridgeland, MS 39157. Please be advised that golf is an inherently dangerous activity, and use of 5) Requirement to Purchase a SkyCaddie® Membership Plan — Some or all the SkyCaddie® on a golf course is at your own risk. of the SkyGolf Software (including access to SkyGolf course maps and advanced course management features) may not be used without a 3) Export Control — You may not use or otherwise export or re-export the current SkyCaddie® Membership Plan, and no license is hereunder granted SkyGolf Software except as authorized by United States law. In particular, thereto without a current SkyGolf® Membership Plan. To the extent any of but without limitation, the SkyGolf Software may not be exported or the SkyGolf Software is included in a SkyCaddie® Membership Plan, you re-exported (a) into any U.S. embargoed countries or (b) to anyone on must separately purchase the SkyCaddie® Membership Plan, and the the U.S. Treasury Department’s list of Specially Designated Nationals or use and license of such SkyGolf Software is subject to and governed by the U.S. Department of Commerce Denied Person’s List or Entity List. the SkyCaddie® Membership Plan and any license agreement in By using the SkyGolf Software, you represent and warrant that you are not connection with such Membership Plan. If you do not purchase the located in any such country or on any such list. You also agree that you will SkyCaddie® Membership Plan, you will not have access to, and are not not use the SkyGolf Software for any purposes prohibited by United States granted a license hereunder for, such SkyGolf Software. and other applicable law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or 6) Requirement to Purchase of a SkyGolf 360 Mobile Application — biological weapons. Use of some features and functionality of the Some or all features of the SkyCaddie Product and/or the SkyCaddie SkyCaddie® Product and related accessories may be restricted by the Software (including statistical analysis and storing of playing information) 16 17

may not be used without a current SkyGolf 360 mobile application with Android-based devices, and some Android-based devices may not installed on a compatible mobile, and no license is hereunder be compatible with your SkyCaddie Product. A SkyGolf 360 mobile granted thereto without a current SkyGolf 360 mobile application. application for Android devices may not be immediately available. To the extent any of the SkyGolf Software is included in a SkyGolf 360 mobile application, you must separately purchase the SkyGolf 360 7) No Responsibility for GPS System — Use of the SkyGolf Software and mobile application from the Apple App Store in the case of iOS the SkyCaddie® Product is dependent on the global positioning system. devices and Google Play in the case of Android devices, and the use and The global positioning system is a free service operated and maintained by license of such SkyGolf Software is subject to and governed by the the United States Government, which is solely responsible for its accuracy SkyGolf 360 mobile application license agreement. If you do not and maintenance. Licensor shall have no liability or responsibility for any purchase the SkyGolf 360 mobile application, you will not have failure in, or any limitations of, the global positioning system. access to, and are not granted a license hereunder for, such SkyGolf Software. 8) Ownership of Uploaded Data — You agree, for and in consideration of Licensor offering to you the license granted in accordance with the terms IMPORTANT NOTE ABOUT Mobile COMPATIBILITY: Any System of this License Agreement, that any data uploaded by you to Licensor or to Requirements set forth on SkyCaddie Product packaging or otherwise are any website maintained by Licensor shall be and become the property minimum requirements only and compatibility with specific devices meeting solely of Licensor, and you hereby assign, convey and transfer to Licensor those System Requirements may vary. Additionally, Bluetooth, iOS and all of your right, title and interest in and to such data, including, without Android systems change from time to time, and SkyHawke cannot limitation, any copyright or other intellectual property rights you may have in and does not guarantee that the Products will function properly or achieve such data. satisfactory performance in the event of an update to either Bluetooth, iOS or Android systems. 9) Special Notice Regarding Certain Course Maps Contained in the SkyGolf Course Map Database — Pebble Beach®, Pebble Beach Golf Links®, Performance of Android-based devices varies from device to device and Spyglass Hill® Golf Course, The Links at Spanish Bay™, Del Monte™ Golf from manufacturer to manufacturer. CONSEQUENTLY, SKYHAWKE Course, Peter Hay™ Golf Course, and their individual holes, course CANNOT AND DOES NOT GUARANTEE THAT THE PRODUCTS designs and respective underlying distinctive images are trademarks, WILL FUNCTION PROPERLY OR COMPLETELY WITH ANDROID-BASED service marks, and trade dress of Pebble Beach Company. Used under DEVICES. Any System Requirements set forth on SkyCaddie Product license. packaging or otherwise are minimum requirements only and do not constitute a representation that all Android-based devices meeting those 10) Amendments or Modifications to This License Agreement, Modification System Requirements will satisfactorily function with the Products. of Software Support — Licensor shall have the right to amend or SkyCaddie Product compatibility and performance varies when used modify this License Agreement from time to time. All such amendments or 18 19

modifications shall be effective on the date the amended or modified End 13) Beta Test Features — One or more features of the Products (including User License Agreement and Terms and Conditions is posted to Licensor’s software applications used in connection with the SkyCaddie® Product) website at www.skygolf.com. Licensor reserves the right to change or may be in beta test mode (the “beta features”). The beta features are discontinue its support of the SkyGolf Software. generally identified in the process either to register your SkyCaddie® Product or purchase your SkyCaddie® Membership Plan, and the beta 11) Choice of Law — This License Agreement is governed by the laws of features identified therein may be changed from time to time. The use and the State of Mississippi, without regard to the principles of conflict of laws. continuation of these beta features are subject to this License Agreement. You acknowledge that the Software and updates licensed under this As a beta tester, you are invited to use the beta features. The beta features License Agreement are provided through computer servers maintained are provided “AS IS” and “AS AVAILABLE,” and we make no warranty of in the State of Mississippi, USA and that such jurisdiction has a any kind, express or implied, with respect to the beta features. By using the significant and meaningful connection with the transaction in which you beta features, you agree that (i) use of the beta features is at your own risk obtained such Software and updates. This License shall not be governed and for the purpose of evaluating the features and identifying errors, (ii) the by the United Nations Convention on Contracts for the International Sale beta features may include known and unknown bugs and (iii) Licensor of Goods, the application of which is expressly excluded. If for any reason may discontinue or modify the beta features at any time and from time to a court of competent jurisdiction finds any provision, or portion thereof, to time. Licensor makes no guarantee that the beta features will ever be be unenforceable, the remainder of this License Agreement shall continue released from beta testing as a full feature for use with the SkyCaddie® in full force and effect to the fullest extent permitted by law. 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 12) Complete Agreement — This License Agreement, together with any from time to time, make access to or use of the beta features (and the license agreement you entered in connection with a SkyCaddie® features upon full release) subject to payment of additional fees or costs. Membership Plan or SkyCaddie 360 mobile application, constitutes Revised 08/11/2014 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 SKYCADDIE TOUCH CONSUMER LIMITED WARRANTY amendment to or modification of this License Agreement will be binding (AUTHORIZED U.S. SALES ONLY) unless in writing and signed by Licensor or unless posted on Licensor’s website. Any translation of this License Agreement is done for local SkyHawke Technologies, LLC of 274 Commerce Park Drive, Ridgeland, MS requirements and in the event of a dispute between the English and any 39157, (“SkyGolf”) provides a limited consumer hardware warranty to the non-English versions, the English version of this License Agreement shall original registered consumer (non-commercial) user (the “Customer”) of this govern. SkyCaddie TOUCH product, who purchases the SkyCaddie TOUCH product in an authorized United States sale, who is a resident of the United States at 20 21

the time of purchase and who registers the SkyCaddie product with SkyGolf LIMITATIONS AND EXCLUSIONS: using a bona fide United States address within thirty (30) days of purchase. This Consumer Limited Warranty excludes (1) cosmetic or physical damage to This warranty is non-transferable and does not apply to product used in any the surface of the product, including cracks or scratches on the LCD screen manner other than by an individual consumer. or outside casing; (2) damage caused by misuse, neglect, improper installation or testing, unauthorized attempts to modify the product, attempted servicing HARDWARE: by anyone other than an authorized service representative of SkyGolf or any Subject to the exclusions, limitations, and conditions stated herein, SkyGolf other cause beyond the range of the intended use; (3) damage caused by warrants this SkyCaddie TOUCH product to be free from defects in accident, fire, water or liquids, power changes, other hazards, or acts of God; workmanship and materials, under normal consumer (non-commercial) use, for (4) use of the product with any non-SkyCaddie device, component (such a period of six (6) months from the original purchase date. 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, AVAILABLE EXTENDED WARRANTY UPGRADE: commercial or rental purpose; (6) the battery or battery charging system; (7) Consumers who register their SkyCaddie TOUCH product within thirty (30) modifications or restrictions that may need to be made to the GPS receiver days of the original purchase date may optionally purchase an upgrade to a module due to a change in the Global Positioning System made by the twelve (12) month limited warranty at the time of registration. The extended United States Government or any other governing bodies or (8) compatibility warranty does not include accessories and components. Extended warranties issues with mobile devices like mobiles or tablet computers, or with mobile are only available for new SkyCaddie TOUCH models and only if the extended device applications like mobile or tablet computer applications. Any third- warranty is purchased through SkyGolf within 30 days of the original purchase party products, including software included with SkyCaddie products are of the eligible SkyCaddie device. Extended warranties are subject to all of the not covered by this Consumer Limited Warranty, and SkyGolf makes no terms and conditions of the original 6 month limited warranty but extend the representations or warranties on behalf of such third parties. Any warranty on warranty period from 6 months from the original purchase date to 12 months such products is from the supplier or licensor of the third-party product. from the original purchase date. Extended warranties are not available on SkyCaddie models other than new SkyCaddie TOUCH models and are not Important: Do not open the SkyCaddie case. Opening the SkyCaddie available on any used SkyCaddie TOUCH model. In the event an extended case may cause damage that is not covered by this warranty. Only warranty is purchased on a non-eligible device or outside the 30 day eligibility SkyGolf or an authorized SkyGolf service center should perform period, SkyGolf may void the extended warranty, and the purchaser’s sole service on this SkyCaddie product. Opening the SkyCaddie case shall remedy shall be limited to return of the purchase price of the extended void this warranty. 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. 22 23

BONA FIDE U.S. RESIDENCY: Replacement products or parts may be new or reconditioned. Parts removed Notwithstanding any provision to the contrary herein, the limited warranty by SkyGolf shall become the sole property of SkyGolf. 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 SkyGolf’s repair or replacement of defective parts does not extend the term of Customer is a United States resident at the time of purchase and the Customer this Limited Warranty, which shall expire upon the expiration of the applicable registered the SkyCaddie TOUCH using the Customer’s bona fide U.S. Consumer Limited Warranty period from the date of original purchase. 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 No oral or written information or advice given by SkyGolf or its dealers, from third parties for the purpose of receiving product for subsequent delivery distributors, employees or agents shall in any way extend, modify or add to this outside the U.S. shall not qualify as a bona fide U.S. address. Limited Warranty. EXCLUSIVE REMEDIES AND PROCEDURE: You should protect any data, including golf round data, stored on your In the event of a covered defect during the warranty period, SkyGolf will, at its SkyCaddie device by downloading to your SkyGolf, ClubSG (Beta), or SkyGolf sole option, repair or replace the product at no charge to Customer for parts or 360 mobile application account before delivering your SkyCaddie for service, labor. To obtain warranty service for SkyCaddie products, the Customer must as you will either receive a refurbished SkyCaddie device under SkyGolf’s contact SkyGolf customer service center at customerservice@skygolf.com for Back-in-Play program or the contents of your original device may be deleted a return authorization code, and return the unit shipping prepaid, with proof of during repair. the date of original purchase, return authorization code, and Customer return address to: Warranty Returns, SkyHawke Technologies LLC, 274 Commerce WARRANTY LIMITATION: Park Drive, Ridgeland, MS 39157. Shipping labels must contain the return THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN authorization code. ANY shipments sent for warranty service WITHOUT the LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING appropriate return authorization code will be refused and returned to Customer WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR at Customer’s expense. SkyGolf will not be responsible for any loss or damage PURPOSE, PERFORMANCE, ACCURACY CORRESPONDENCE WITH to the product incurred while the product is in transit from Customer for repairs. DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY Customer should, as a precaution, purchase adequate insurance for the unit DISCLAIMED. while it is in transit. IN NO EVENT SHALL SKYGOLF BE LIABLE, WHETHER IN CONTRACT OR SkyGolf’s total obligation under this warranty shall be, at SkyGolf’s sole TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE discretion, to repair or replace the product or part with a comparable product PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, or part, or if neither repair nor replacement is reasonably available, SkyGolf OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR may refund to Customer the purchase price paid for the product or part. PUNITIVE DAMAGES OF ANY KIND OR LOSS OF REVENUE OR PROFITS, 24 25

LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR SkyCaddie product will function properly or achieve satisfactory performance APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN while connecting via Bluetooth to iOS or Android devices. ALL WARRANTIES CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, WITH RESPECT TO YOUR SKYCADDIE PRODUCT SHALL BE LIMITED BY ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES THE FOREGOING COMPATIBILITY RESTRICTIONS. A SkyGolf 360 mobile MAY BE DISCLAIMED BY LAW. application for Android devices may not be immediately available. EVEN IF SKYGOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH GOVERNING LAW: DAMAGES, SKYGOLF’S ENTIRE LIABILITY SHALL BE LIMITED TO COSTS This Registered User Limited Warranty shall be governed by the laws of the OF REPLACEMENT REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, State of Mississippi, U.S.A., and by the laws of the United States, excluding AT THE SOLE OPTION OF THE COMPANY. their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from THIS WARRANTY APPLIES ONLY TO SKYCADDIE PRODUCTS WHICH application to this Limited Warranty. The country of purchase of this SkyCaddie ARE PURCHASED IN AN AUTHORIZED UNITED STATES SALE, ARE product shall be deemed the United States. PURCHASED BY A UNITED STATES RESIDENT AT THE TIME OF Revised 8-12-2014 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 26 27

The True Measure of the Game® www.SkyGolf.com v. 1.1-081914


Document Created: 2015-03-11 16:04:10
Document Modified: 2015-03-11 16:04:10
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