Software License
for Golf League Secretary from Golfsoft
® ...


LICENSE AGREEMENT FOR GOLF LEAGUE SECRETARY™ SOFTWARE BY GOLFSOFT® COMPANY

Effective Date: January 1, 2010

 


Golfsoft ®
Company

Golfsoft® Software
Since 1992

 

LICENSE AGREEMENT FOR GOLF LEAGUE SECRETARY SOFTWARE BY GOLFSOFT COMPANY

Effective Date: January 1, 2010. This license agreement supersedes all previous license agreements for all licensed users.

"Golfsoft" IS A REGISTERED TRADEMARK OF GOLFSOFT COMPANY.  "Golfsoft Software" and the "Golf Secretary" line of software applications 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.

There will NOT be a major upgrade to a new version of GLS in 2010. Current subscribers of GLS v9.0 or greater can continue to download updates for GLS v9.9xx. If you need to upgrade from an older version (prior to v9.0) or move GLS to a new computer you will need a current subscription.

NEW LICENSING AND PRICING PHILOSOPHY
Many golf leagues change league secretaries every couple of years. Rather than charge a higher initial license fee for our Golf League Secretary (GLS) application, we have adopted a policy of licensing on a lower priced subscription basis. Licensing subscriptions are based on a two-year cycle. A lower initial subscription fee (new users) is charged for the first two years and an even lower renewal subscription fee is charged to extend the subscription for an additional two years. During the subscription period a subscriber can download and install the latest version of GLS and all updates on their current computer(s) (up to 2 computers) and can download and install GLS on any new computers or new versions of Windows which they may acquire. This policy keeps subscribers up to date at the lowest cost.

We have also eliminated the Express Edition of GLS which allows up to 2 leagues, and now offer the Standard Edition which allows up to 4 leagues as the entry level application. Because of this revised policy, we have also eliminated the "Transfer" option which allowed a GLSL to be transferred to a new user. Instead, a new league secretary is treated as a new user with a new license subscription. There is no need for the "Move" or "Upgrade" options as any current subscriber can move GLS to a different computer at any time. All options depend on whether the user has a current subscription or an expired subscription. Current subscribers can download and install the latest version of GLS on up to two computers and can move GLS to other computers if needed.

NEW IN THIS LICENSE
1. Any GLS version 9.0 and older is no longer supported. This includes all versions of GLS released prior to 2008. Do not inquire about any problems or questions concerning GLS versions 1.1xx through 9.0xx. It is recommended that all users upgrade to the latest version (GLS v9.9xx). Go to golfsoft.com for information about how to upgrade, update, or move your GLSL.

2. A Golf League Secretary for Windows License Agreement ("GLSL") is classified as a two-year subscription. This is a simple process. New licensed users pay an initial 2-year subscription fee. When this subscription expires, it can be renewed for an additional two years at a reduced renewal cost.

3. The Express Edition of GLS has been eliminated. Only the Standard Edition (4 leagues) and Professional Edition (Unlimited leagues) are now available. The cost of renewing a subscription for the Standard Edition has been lowered to $35.00 for two years, the same as the previously available Express Edition.

4. Current Subscribers can now install the latest version GLS on up to two computers at the same time (receive two unlock codes) and can continue to move GLS from one computer to another as needed.

5. REINSTALL OR MOVE LICENSE POLICY: If your subscription is current, you can move your GLSL to a different computer at no charge and install the latest version available. The installation files for versions older than the current version (v9.0xx) are no longer available. If you do not have your original installation files you must renew your subscription and download the latest version of GLS. 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. Use the "Email Order Form" from within the GLS application to request new unlock codes or renew subscriptions. 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.

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. A License for the Standard Edition of the "Software" are NOT ISSUED in the name of entities such as corporations, companies, clubs, groups, leagues, associations and so forth. The Standard Edition of the "Software" is licensed for personal use only, by one person, in the name of that person, on up to 2 computers. 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 2 Editions: Standard and Professional. Both Editions have the same features and capabilities except for the number of leagues that can be maintained within the program. The Standard Edition, for example, which is used by most licensees, allows maintenance of up to 4 leagues. Only League ID numbers 1 through 4 can be used beyond 5 weeks. All created leagues other than League ID Numbers 1 through 4 are limited to 5 weeks of data entry. The 6th week cannot be entered for that league. Leagues with ID numbers 1 through 4 can be deleted to make room for another league thus making the "Software" reusable indefinitely. If a league with ID number 1 through 4 is deleted, a league with a higher number can be changed, within the application to become a legal league. The Professional Edition allows an unlimited number of leagues and all League ID numbers can be used beyond 5 weeks.

LICENSE ARTICLES

1. Use of Demo Version: 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 subscription for the "Software." DO NOT subscribe unless 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 subscription 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 a 2-year GLS software subscription, a personal, non-exclusive right to install and use a single copy of the "Software" on a single computer or workstation for non-simultaneous use by one or more persons AND install a second copy of the "Software" on another computer or workstation for the exclusive use of the person who is the primary user of the first copy of the "Software." Current GLS subscribers can download and install, at no charge, software updates and upgrades for the latest version of the "Software," and, if needed, can request new unlock codes for new computers or operating systems.

GLS LICENSE / SUBSCRIPTION
Subscription Duration Example:

          Initial Subscription or Renewal Year

  Subscription Expires

Subscribe or Renew before July 15, 2011

December 31, 2012

Subscribe or Renew after July 15, 2011

December 31, 2013

4. Current subscribers of GLS can move the "software" to a different computer at no charge for the version currently licensed. Golfsoft cannot supply installation files for any version of GLS other the most current version.

5. Golfsoft Company may update or revise the "Software" and/or "Documentation" periodically for the purpose of adding new features or correcting known problems. Golfsoft Company may also release major version upgrades from time to time which may require new unlock codes for your registered computers. Updates and Upgrades will be available for download from the "Golfsoft" website at no charge for current subscribers. 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 "9.9". All licensees whose license is older than GLS v9.9xx, (referred to as "Non-Supported Licensees"), which includes all versions of GLS released prior to 2008, 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 9.0xx. It is recommended that all users upgrade to the latest version (GLS v9.9xx).

8. The "Software" and "Documentation" are copyrighted 1994-2011 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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