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LICENSE AGREEMENT FOR GOLF LEAGUE SECRETARY SOFTWARE BY GOLFSOFT COMPANY
Effective Date: January 1, 2007. This license agreement supersedes all
previous license agreements for all licensed users.
"Golfsoft" IS A REGISTERED TRADEMARK OF GOLFSOFT COMPANY. The "Golf
Secretary" line of software programs are trademarks of Golfsoft Company.
The following abbreviations are used within this license agreement:
> Golfsoft Company ("Golfsoft")
> Golf League Secretary for Windows ("GLS")
> Golf League Secretary for Windows License Agreement ("GLSL")
> Others as may be noted within the body of this license
agreement.
You should carefully read the following terms and conditions before using this
software. Unless you have a different license agreement signed by Golfsoft
Company ("Golfsoft") your use of this software indicates your acceptance of this
license agreement and warranty. This license agreement is subject to change from
time to time. The current license agreement is published on the golfsoft.com
website (http://www.golfsoft.com/license.htm).
There will NOT be an UPGRADE of GLS to a new version of GLS in 2007. Current
licensees of GLS v9.0 or greater can continue to download updates for GLS
v9.9xx.
NEW IN THIS LICENSE
1. Any GLS version other than those that start with "9" is no longer supported.
This includes all versions of GLS released prior to 2005. Do not inquire about
any problems or questions concerning GLS versions 1.1xx through 8.9xx. It is
recommended that all users upgrade to the latest version (GLS v9.91x). Go to
golfsoft.com for information about how to upgrade, update, or move your GLSL.
2. A GLSL is now classified, for license fee determination, as a "Class A
License" or "Class B License." See "GLS LICENSE CLASSIFICATION / SUBSCRIPTION"
section below.
3. REINSTALL OR MOVE LICENSE POLICY: Starting with this 2007 license and
applying to all previous licensed users, a GLSL can be moved to a different
computer at no charge for the GLS version currently licensed. The installation
files for versions older than the current version (v9.9xx) are no longer
available. If you do not have your original installation files you must upgrade
to the latest version in order to reinstall or move GLS, requiring a "MOVE
LICENSE" fee. You can request (by email within the GLS program) a new unlock
code at anytime for a different computer for the version you currently have
licensed. Once you receive a new unlock code, the previously issued unlock code
will be disabled (“hard-coded” within the program) in all future GLS updates and
upgrades.
4. Free upgrades to GLS licensees are determined as follows: Licensed users who
paid fees (whether an initial license fee, upgrade fee, or move license fee) to
Golfsoft in any calendar year, receives free GLS updates and upgrades for that
calendar year and the next calendar year. Example: If you pay an upgrade fee for
the new version in 2006, you will receive all updates for the new version
throughout 2006, and a free upgrade (if available) and free updates to the next
version throughout 2007. If you wish to upgrade to a new version in 2008, an
upgrade fee will be required.
BASICS
Golfsoft Company ("Golfsoft") and its suppliers provide the "Golf League
Secretary for Windows" computer software product contained in the download
file(s) (the "Software") and the associated documentation contained in the
download file (the "Documentation") and license their use under the terms set
forth herein. Licenses for the Express and Standards Editions of the "Software"
are NOT ISSUED in the name of entities such as corporations, companies, clubs,
groups, leagues, associations and so forth. The Express and Standard Editions of
the "Software" are licensed for personal use only, by one person, in the name of
that person, on a single computer. The Profession Edition of the "Software" can
be licensed in the name of entities such as corporations, companies, clubs,
groups, leagues, associations and so forth. Depending on which edition is
licensed, the words "you" and "your," in this agreement, may refer to one
person, or to one entity as described above. You assume responsibility for the
selection of the "Software" to achieve your intended results, and for the
installation, use, and results obtained from the "Software." DO NOT USE the
"Software" in any case where any damage or injury to persons, property, or
business may happen if an error should occur.
Software Editions: The "Software" is available in 3 Editions: Express, Standard,
and Professional. All 3 Editions have the same features and capabilities except
for the number of leagues that can be maintained within the program. The Express
Edition, for example, which is used by most licensees, allows maintenance of 2
leagues. Only League ID numbers 1 and 2 can be used beyond 5 weeks. All created
leagues other than League ID Numbers 1 and 2 are limited to 5 weeks of data
entry. The 6th week cannot be entered. Leagues with ID numbers 1 and/or 2 can be
deleted to make room for another league thus making the "Software" reusable
indefinitely. If a league with ID number 1 or 2 is deleted, a league with a
higher number can be changed to become a legal league. The only difference
between the Standard Edition and Express Edition is the Standard Edition allows
the maintenance of up to 4 leagues. Leagues with League ID numbers 1 through 4
can be used beyond 5 weeks. The Professional Edition allows an unlimited number
of leagues and all League ID numbers can be used beyond 5 weeks.
GLS LICENSE CLASSIFICATION / SUBSCRIPTION
There are 5 types of license fees for GLS. Any fee, when paid, entitles the
licensee to a SUBSCRIPTION to the latest version of GLS and all upgrades and
updates for 2 (two) calendar years; the calendar year in which the fee is paid
and the following calendar year. The licensee with a current subscription is
classified as a "Class A Licensee." After the second calendar year, the user
remains a licensee of GLS, however, the subscription expires. The licensee with
an expired subscription is classified a "Class B Licensee." All licensees,
whether A or B, can indefinitely download and install GLS program code updates
for their currently installed version of GLS, on their currently installed
computer.
For no charge, a "Class A Licensee" can download and install version UPGRADES,
and MOVE* GLS to a different computer. (* - see Article 1 and 4 below)
A "Class B Licensee" can use GLS indefinitely after the subscription expires and
can continue to download and install updates, as long as updates are available,
for that version of GLS installed at the time the subscription expired. If a
"Class B Licensee" wishes to UPGRADE to a newer version, an "Upgrade License"
fee is required. If a "Class B Licensee" wishes to MOVE GLS to a different
computer, a "Move License" fee is required.
License Fees: (Current Fee Table published at http://www.golfsoft.com/fees.htm)
1. "Initial License" Fee: A license fee paid by new users. This fee is a
"one-time" payment when first licensing GLS. The new licensee is a "Class A
Licensee" with a subscription for two calandar years.
2. "Add License" Fee: A license fee for maintaining GLS on two computers. Renews
subscription for two calandar years on both computers.
3. "Upgrade License" Fee: A license fee that entitles a "Class B Licensee" to
download and install the latest version of GLS on their same computer or
different computer. The license becomes a "Class A Licensee" and the
subscription is renewed for two calandar years.
4. "Move License" Fee: If a "Class B Licensee" of any older version of GLS
wishes to Upgrade to the latest version of GLS on a different computer or wishes
to REINSTALL or MOVE GLS and does not have the installation files for the older
version, a "Move License" fee is required. This fee entitles a "Class B
Licensee" to download and install the latest version of GLS on a different
computer. The license becomes a "Class A Licensee" and the subscription is
renewed for two calandar years. (See Article 4 below.)
5. "Transfer License" Fee: A license fee paid to acquire a GLSL from a GLS
licensee, (transferor). A GLS licensee can terminate and transfer their GLSL to
another user. The new licensee, (transferee), becomes a "Class A Licensee" and
the subscription is renewed for two calandar years. (See Article 8 below.)
The "Add," "Upgrade," "Move," and "Transfer" fees are the same amount and are
approximates 50% of the "Initial" license fee. See "Fee Table" for current fees.
LICENSE ARTICLES
1. Before your payment in full for the "Software" license, per the "Software"
License Fee Table ("Fee Table") which is published from time to time and can be
obtained on the "Golfsoft" website, you are granted a personal, non-exclusive
temporary license to use one copy of the "Software" on a single computer and to
use the "Documentation" under the terms stated in this Agreement, for a maximum
period of 90 days from the time of initial installation.
2. All users must initially obtain the "Software" in the download file in
unlicensed form, also known as "The Demo Version," at no charge. You can
evaluate the "Software" to ascertain whether the "Software" will achieve your
intended results. The unlicensed version of the "Software" displays some
reminders that the "Software" is unlicensed; otherwise, all major features are
fully enabled. Upon deciding the "Software" will achieve your intended results,
you can purchase a license for the "Software." DO NOT pay for a license until
you want to keep the “Software.” A unique "Unlock Code," a series of letters
and/or numbers, similar to a password, will be issued to you which when typed in
the appropriate place within the "Software" will fully enable your copy of the
"Software" on a single computer. All title and ownership of the "Software" and
"Documentation" remain with "Golfsoft Company." All computers require a
different unlock code. Your license becomes active on a single computer when the
correct unlock code is entered and the software becomes fully enabled.
"Golfsoft" reserves the right to terminate the license agreement at any time,
for any reason. A full refund will be issued if the "GLSL" is terminated by
"Golfsoft.”
3. All new users must pay an initial non-refundable license fee for the Golf
League Secretary License ("GLSL"), per the "Fee Table.” Upon payment in full for
the "GLSL" you become a "Licensee" and are granted an indefinite, personal,
non-exclusive license to use the "Software" on one computer and to use the
"Documentation" under the terms stated in this Agreement. If a "GLSL" holder
wishes to have the “Software” on two or more computers, additional unlock codes
may be purchased per the "Fee Table, for different Computer ID Numbers, for
personal use only. "GLSL" holders receive free software updates and upgrades for
the calendar year in which any initial or upgrade fee is paid and the following
calendar year.
4. The GLSL can be moved to a different computer at no charge for the GLS
version currently licensed. Golfsoft cannot supply installation files for any
version of GLS other the the most current version. If a "Class B Licensee" of a
past version of GLS needs to MOVE or REINSTALL GLS and does not have the
installation files, then an UPGRADE to the latest version of GLS and a "MOVE
LICENSE" Fee is required. The licensee becomes a "Class A Licensee." See "GLS
LICENSE CLASSIFICATION / SUBSCRIPTION" for more information.
5. Golfsoft Company may upgrade or revise the "Software" and/or "Documentation"
("Upgrade License") periodically for the purpose of adding new features or
correcting known problems. The "Software" Upgrades or Updates released within
the year your license agreement was initiated or which have the same major
version number will be available for download from the "Golfsoft" website at no
charge. The latest upgrade or update files contain all previous upgrades or
updates released for that particular major version of the "Software."
6. You may not assign or sublicense your license and may not decompile, reverse
engineer, modify, or copy the "Software" or "Documentation" for any purpose,
except you may copy the "Software" into machine readable or printed form for
backup purposes in support of your use of the "Software" on a single computer.
Your particular licensed version of the "Software" may not be available for
download after a new version is released. For this reason, it is your
responsibility to keep a copy of the original installation files and the most
recent update file for the purpose of reinstalling the "Software" in the event
such a need arises.
7. Support for, or questions about, the "Software" are limited to email
correspondence unless a phone appointment is requested by email and arranged for
in advance. Phone support personnel are available on a limited basis. "Golfsoft"
will support only those versions of the "Software" which start with a "9". All
licensees whose license is older than GLS v9.0xx, (referred to as "Non-Supported
Licensees"), which includes all versions of GLS released prior to 2005, can
continue to use the software indefinitely without any support or obligation from
"Golfsoft." Do not inquire about any problems or questions concerning GLS
versions 1.1xx through 8.9xx. It is recommended that all users upgrade to the
latest version (GLS v9.91x). Go to golfsoft.com for information about how to
upgrade, update, or move your GLSL. All licensees, including "Non-Supported
Licensees" can upgrade to the current version of the "Software" for the "Upgrade
License" fee as published in the "Fee Table."
8. You (transferor) may, at any time, terminate and transfer your license
("Transfer License") to another individual (transferee) who agrees to all
stipulations of this license agreement. You should notify Golfsoft by email as
to your intention and submit the name of the transferee. The transferee is NOT
required to pay the initial "GLSL" fee and can license GLS for the "Transfer
License" fee. The transferee become a "Class A licensee" with a two year
subscription. The "Transfer License" change is not applicable to licenses for
the Professional Edition of the "Software." The "Transfer License" change is
only available to the original licensee, not to a transferee, thus, a license
can only be transferred one time.
9. The "Software" and "Documentation" are copyrighted 1994-2007 by "Golfsoft
Company." You agree to respect and not to remove or conceal from view any
copyright, trademark or confidentiality notices appearing on the "Software" or
"Documentation", and to reproduce any such copyright, trademark or
confidentiality notices on all copies of the "Software" and "Documentation" or
any portion thereof made by you as permitted hereunder and on all portions
contained in or merged into other computer software products and documentation.
YOU MAY NOT USE, COPY, MODIFY, MOVE, OR TRANSFER THE "SOFTWARE" OR
"DOCUMENTATION", OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN
PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE.
TERM
This license is effective until terminated. You may terminate it at any time by
destroying the "Software" and "Documentation" with all copies, modifications and
merged portions in any form. It will also terminate upon conditions set forth
elsewhere in this Agreement if you fail to comply with any term or condition of
this Agreement. You agree upon such termination to destroy the "Software" and
"Documentation" together with all copies, modifications and merged portions in
any form.
LIMITED WARRANTY
Except as specifically provided herein, "Golfsoft" makes no warranty,
representation, promise or guarantee, either express or implied, statutory or
otherwise, with respect to the "Software", "Documentation" or related technical
support, including their quality, performance, merchantability or fitness for a
particular purpose. The warranty and remedies set forth herein are exclusive and
in lieu of all others, oral or written, express or implied. No "Golfsoft"
dealer, distributor, agent or employee is authorized to make any modification or
addition to this warranty. This warranty gives you specific legal rights, and
you may also have other rights which vary from state to state.
LIMITATION OF LIABILITY
Because computer software is inherently complex and may not be completely free
of errors, and because computer systems can fail at any time, it is your
responsibility to verify your work and to make backup copies, and "Golfsoft"
will not be responsible for your failure to do so. In no event will "Golfsoft"
be liable for indirect, special, incidental, tort, economic, cover, or
consequential damages arising out of the use of or inability to use "Golfsoft"
products or services, including, without limitation, damages or costs relating
to the loss of profits, business, goodwill, data, or computer programs, even if
advised of the possibility of such damages. In no case shall "Golfsoft’s"
liability for money damages exceed the amount paid by you for the "Software"
license out of which such claim arose. Some states or provinces do not allow the
exclusion or limitation of implied warranties or limitation of liability for
incidental or consequential damages, so the above exclusion or limitation may
not apply to you.
GENERAL
This Agreement will be governed by the laws of the State of Michigan. The export
of "Golfsoft" products is governed by the U.S. Department of Commerce under the
export administration regulations. It is your responsibility to comply with all
such regulations.
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