SOFTWARE LICENSE TERMS FOR TRACKMAN UNITS (TRACKMAN 4 AND TRACKMAN 3E)
These License Terms are an addendum to the Terms of Sale, and the provisions of these License Terms shall apply to and form an integral part of the Order Confirmation (as defined in the Terms of Sale).
1. Definitions
Free Features means each of the data pa-rameters, including ball data, club data and impact location, available via the TrackMan Software anytime without payment of a licen-see fee.
License Period means the period that you are permitted to use the Premium Features of the TrackMan Software as specified in the applicable sales documentation (e.g. the Order Confirmation or other purchase documenta-tion). If no License Period is specified in the Order Confirmation, each License Period has a duration of 12 months. The first License Period shall commence on the date of the Order Con-firmation.
Premium Features means each of the fea-tures of the TrackMan Software that require payment of a license fee in order to access, including but not limited to; Insights Features, Full Library of Virtual Golf Courses, Target Practice Range, New Games, Tour Player Li-brary, TrackMan Cloud, Event Software, TMU Membership and Business Growth Platform (previously Facility Mgmt.).
TrackMan Software means the TrackMan software specified in the Order Confirmation, which may include any of the following Track-Man software: TrackMan Performance Studio, Virtual Golf, TrackMan Range, TrackMan Golf, TrackMan Golf Pro, TrackMan Golf Classic, TrackMan Camera, TrackMan Events, Track-Man University, MyTrackMan and Business Growth Platform.
Other capitalized terms used herein shall have the same meaning ascribed to them in the Terms of Sale.
2. Scope
These License Terms regulate your limited right to use the TrackMan Software granted by TrackMan to you.
3. License Grant
(a) TrackMan hereby grants to you a perpetual, non-assignable, non-transferable and non-exclusive right to use all Free Features of the Track-Man Software for personal and com-mercial use, subject to limitations set out in Section 4.
(b) TrackMan hereby grants to you a non-assignable, non-transferable and non-exclusive right to use the Premi-um Features of TrackMan Software for personal and commercial use during the License Period, subject to limita-tions set out in Section 4.
All rights not expressly granted to you in these License Terms are reserved to Track-Man.
4. Prohibited Use
The right to use the TrackMan Software is subject to the express restrictions set forth below. You shall not knowingly, and shall not knowingly permit any third party, to:
(c) use any TrackMan Software or any TrackMan hardware for broadcast, in-cluding TV and video, or internet streaming purposes in any form;
(d) modify, or create derivative works of, any part of the TrackMan Software;
(e) adapt, translate, copy or convert all or any part of the TrackMan Software in order to create software, a princi-pal purpose of which is to perform the same or similar functions as the li-censed TrackMan Software or to re-place any component of the TrackMan Software;
(f) rent, lease, loan, sell, license, subli-cense, publish, display, distribute, grant a security interest, assign or otherwise transfer the TrackMan Software, any copy or portion thereof to any third party, however, subject to full compliance with these License Terms, you are entitled to make TrackMan Software available to third party users in connection with any rental and/or loan of TrackMan units by you to such third party users. The right to make TrackMan Software available includes making the Track-Man Software available to third party users in connection with rental and/or loan of TrackMan units to such third party users as (i) golf coaches, (ii) club fitters, (iii) golf clubs, (iv) driv-ing ranges (v) indoor golf and/or en-tertainment centres, (vi) fitness cen-tres, (vii) hotels, (viii) cruise ships, and (viii) car dealers (non-exhaustive list);
(g) dissemble, decompile, reverse engi-neer the TrackMan Software or oth-erwise attempt to gain access to its method of operation or source code;
(h) alter, remove, replace, or obscure any copyright, trade secret, trade-mark, logo, proprietary and/or legal notices on or in copies of the Track-Man Software; and/or
(i) copy, or otherwise reproduce the TrackMan Software, in whole or in part, except either (i) as may be re-quired for the installation into com-puter memory for the purpose of exe-cuting the TrackMan Software in ac-cordance with the Permitted Installa-tion, or (ii) to make reasonable num-ber of copies solely for back-up pur-poses.
5. Intellectual Property Rights
TrackMan holds full copyright, title and any other right to the TrackMan Software, includ-ing all updates and modifications thereto and all derivative works thereof.
Any disregarding of these rights, including careless use of the TrackMan Software, which might render copying of the TrackMan Soft-ware possible for third parties, shall be deemed a material breach of these License Terms, cf. Section 11.
6. Updates and new releases
Until the license is terminated, you have ac-cess to software updates, releases, new fea-tures and repair & support services, as updat-ed by TrackMan from time to time in its sole discretion, without additional charge. Updates, releases and new features made available to you will be considered part of the TrackMan Software and subject to the terms and condi-tions of these License Terms and the Order Confirmation.
You accept that TrackMan has the right, at its sole discretion and without notice, at any time to supersede versions of the TrackMan Soft-ware with newer versions which may add, modify, or delete specific features (including Free Features and Premium Features) or char-acteristics of earlier versions, and that these updates and changes may make older Track-Man Software incompatible with more current versions of the TrackMan Software.
TrackMan may make any additional features to the TrackMan Software available for download and use by you at any time, including but not limited to updated TrackMan Apps.
7. Renewal
The License Period for Premium Features is automatically renewed every twelve months, unless terminated in writing by you or Track-Man no less than 30 calendar days prior to expiry of the then current License Period. Renewal is subject to payment of the license fee set out on www.trackman.com. TrackMan reserves the right to adjust the licensee fee with respect to future License Periods, provid-ed that any increase of the license fee is noti-fied to you by e-mail not later than 2 months prior’ to the commencement of a new Licence Period. The license fee is payable on the first day of the new License Period.
8. Internet Connectivity and Privacy
Whenever the TrackMan Software connects to TrackMan over the Internet, certain infor-mation related to you is collected and trans-mitted by the TrackMan Software to TrackMan pursuant to the TrackMan Privacy Policy avail-able at https://mytrackman.com/system/privacy-policy (“Privacy Policy”).
As permitted by applicable law or as consent-ed to by you, TrackMan may (a) send you transactional messages to facilitate the activa-tion or registration of the TrackMan Software, or (b) deliver in-product marketing to provide information about the TrackMan Software and other TrackMan products and services using information including but not limited to plat-form version, version of the TrackMan Soft-ware and license status.
The TrackMan Software may cause your com-puter, without additional notice, to automati-cally connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installa-tion on the computer and (b) notify TrackMan of the results of installation attempts.
The TrackMan Software may require you to (a) obtain a TrackMan account no., (b) activate or reactivate the TrackMan Software, (c) register the TrackMan Software, or (d) validate a TrackMan account. Such requirement may cause your computer to connect to the Inter-net without notice on install, on launch, and on a regular basis thereafter. The TrackMan Software or you may also receive information from TrackMan related to your license, sub-scription, or TrackMan account. TrackMan may use such information to detect or prevent fraudulent or unauthorized use not in accord-ance with a valid license, subscription, or TrackMan account. Failure to activate or regis-ter the TrackMan Software, validate the sub-scription or a TrackMan account, or a determi-nation by TrackMan of fraudulent or unauthor-ized use of the TrackMan Software may result in reduced functionality, inoperability of the TrackMan Software, or a termination or sus-pension of the license or TrackMan account.
9. Limited Warranties.
TrackMan warrants that TrackMan has the right to grant the license rights hereunder.
THE TRACKMAN SOFTWARE, INCLUDING ALL FREE FEATURES AND PREMIUM FEATURES, ARE MADE AVAILABLE AS-IS AND WITHOUT ANY WARRANTY FROM TRACKMAN OTHER THAN SET OUT ABOVE.
10. Disclaimer
THE LIMITED WARRANTY IN SECTION 9 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES APPLICABLE TO THE TRACKMAN SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, TRACKMAN DISCLAIM ALL WAR-RANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUD-ING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTA-BILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, THE TRACKMAN SOFTWARE AND ACCESS TO ANY WEBSITES, TRACKMAN OR THIRD PARTY ONLINE SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS.
The provisions of Sections 10 and Section 11 will survive the termination of these License Terms, howsoever caused, but this will not imply or create any continued right to use the TrackMan Software after termination of the license.
11. Limitation of liability
EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, TRACK-MAN WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHAT-SOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAM-AGES RESULTING FROM BUSINESS INTER-RUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A TRACKMAN REPRE-SENTATIVE HAS BEEN ADVISED OF THE POS-SIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, TRACKMAN’S AG-GREGATE LIABILITY IN CONNECTION WITH THIS LICENSE WILL BE LIMITED TO THE AMOUNT PAID FOR THE TRACKMAN SOFT-WARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THESE LICENSE TERMS OR THE ORDER CON-FIRMATION. Nothing contained in these Li-cense Terms limits Trackman’s liability to you in the event of death or personal injury re-sulting from TrackMan’s negligence or fraud.
THE FOREGOING LIMITATIONS AND EXCLU-SIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UN-DER CONSUMER PROTECTION AND OTHER LAWS. TRACKMAN DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
12. Termination.
All rights held by you under these License Terms, including the right of use, will termi-nate automatically without notice from Track-Man if you fail to comply with any term(s) in these License Terms or the Order Confirma-tion. The TrackMan Software is protected by copyright law and international treaties. Unau-thorised reproduction of the TrackMan Soft-ware, or any part of it, may result in civil and criminal penalties.
13. Choice of law and jurisdiction
You agree that the license granted to you shall be governed in all respects by Danish law, without regard to choice of law provi-sions.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal pro-ceedings directly or indirectly arising out of or relating to the license shall be resolved exclu-sively in the competent courts of Denmark.
In case you have a complaint, please contact us via contact us page first.
All claims shall be brought within two (2) years after the claim arises.