END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. IF YOU DOWNLOAD THE SOFTWARE, BREAK THE SEAL OF ANY PACKAGING OF THE SOFTWARE, OR INSTALL ANY COMPONENT OF THE SOFTWARE, YOU THEREBY AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Mulligan Software (“Mulligan”) End User License Agreement accompanies The Scoring Machine application for the iPhone, iPod touch, and iPad and any other associated materials (together or individually “Software”). The term “Software” also shall include any upgrades, modified versions or updates of the Software licensed to you by Mulligan.
1. License – The Software is licensed, not sold, to you by Mulligan for use under the terms of this Agreement. Mulligan grants you a nonexclusive, nontransferable license to install and use the Software on any iPhone, iPod touch, or iPad that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
2. Restrictions – You may NOT distribute copies of the Software to others or electronically transfer the Software to another device by any means under any circumstances. The Software is owned by Mulligan and contains valuable trade secrets of Mulligan. To protect them, you may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Termination – This License is effective until terminated. This License will terminate immediately without notice from Mulligan if you fail to comply with any of its provisions or you may terminate this License at any time. Upon termination you must destroy the Software and all copies thereof.
4. Export Law Assurances – As required by United States export regulations, you shall not permit export of the Software or any direct products thereof to any country to which export is controlled by the United States Office of Export Administration, unless you have that agency’s prior written approval.
5. Warranty Disclaimer, Limitation of Remedies and Damages – The Software is being delivered to you AS IS and Mulligan makes no warranty as to its use or performance. MULLIGAN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MULLIGAN SOFTWARE OR ITS OFFICERS OR EMPLOYEES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages,the above limitation may not apply to you. MULLIGAN SOFTWARE’S LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE PURCHASE PRICE OF THE SOFTWARE.
6. Copyright – The Software, product design, and design concepts are copyrighted, with all rights reserved to Mulligan. Your rights are subject to the limitations and restrictions imposed by the copyright laws of the United States of America. Note that you may not use, copy, modify, or transfer the Software or accompanying written materials or any copy, except as expressly provided by this License. The preceding is not an inclusive statement of the restrictions imposed on you under the Copyright Act. For a complete statement of the restrictions imposed on you under the copyright laws of the United States of America see Title 17, United States Code.
7. Trademarks – “Mulligan Software” and "The Scoring Machine" are trademarks of Mulligan. You may use trademarks of Mulligan only insofar as required to comply with this Agreement and to identify output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner’s name. The Software and associated materials may refer to trademarks and service marks of third parties. Those trademarks and service marks may be credited to their owners here, in the Software or in any associated documentation. Use of any trademark does not give you or Mulligan any rights of ownership in that trademark. This Agreement does not grant you any intellectual property rights in the Software. In the event that the Software or your possession and use of the Software infringes the rights of a third party, Mulligan is solely responsible for the investigation, defense, settlement and discharge of any such claim.
8. Apple – You and Mulligan acknowledge that this Agreement is concluded only between you and Mulligan; that Mulligan is solely responsible for the Software and any support, maintenance, warranty and resolution of product claims; that Apple Inc. (“Apple”) and its subsidiaries are third party beneficiaries of this Agreement, and upon acceptance of its terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a beneficiary thereof. Apple, iPhone, iPod, iPad, iTunes and App Store are trademarks and service marks of Apple.
9. Golf Authorities – The United States Golf Association (“USGA”), the Royal Canadian Golf Association (“RCGA”) in association with Golf Canada, Golf Australia, the European Golf Association (“EGA”) and the Congress of National Golf Unions (“CONGU”) represent the major authorities governing the sport of golf around the world. Each of these authorities or their authorized clubs and associations provide personal, portable golf handicap ratings to their members which must, by a published algorithm, be adjusted for play and scorekeeping on golf courses of varying difficulty. The Software may retrieve, calculate or use that adjustment. It does NOT calculate a personal handicap rating, which a player receives from their authorized golf club or association. The terms “Course Handicap,” “Course Rating,” “Handicap Index,” and “Slope Rating” are trademarks or service marks of the USGA. “Handicap Factor” is a trademark of the RCGA. “CONGU Handicap” is a trademark of CONGU. “EGA Handicap” is a trademark of the EGA. Other terms like “Exact Handicap” or “Playing Handicap” may be marks of these or other golf authorities.
10. Governing Law and General Provisions – This Agreement will be governed by the laws of the State of Texas, U.S.A., excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. If you are a U.S. Government end-user, this license of the Software conveys only “RESTRICTED RIGHTS,” and its use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.277-7013. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us.
All rights reserved under the copyright laws of the United States
Mulligan Software, Bullard, TX 75757