Golden Tee LIVE™, ITS®, INCREDIBLE TECHNOLOGIES®, IT®, ITNet®, and IT incredible TECHNOLOGIES® are the properties of Incredible Technologies, Inc. All Rights
Reserved. © Incredible Technologies, Inc. All Rights Reserved. Unauthorized duplication is a violation of applicable law. All other marks are the properties of their respective
owners. All rights reserved. Legal Version 2/10
TERM SOFTWARE LICENSE
Incredible Technologies, Inc. (“IT,”) hereby offers you (“Licensee”) the right to install and use certain copyrighted computer software produced by IT
under the following terms and conditions. This License shall govern the use of the software known as “Golden Tee LIVE 2016” (“Update”) when applied
as an update to pre-existing Golden Tee LIVE-equipped hardware (“GT Cabinets”) equipped with an earlier version of the Golden Tee LIVE software
(“Prior Version.”) or to Updates included in the purchase of a hardware/software package which constitutes a functionally complete Golden Tee LIVE
game unit.
1) Term Licensing Fee
The Term Licensing Fee (“TLF”) shall be as follows:
As set forth in the periodic payment agreement between IT and Licensee at the time the Term License is purchased. If no TLF is set forth in any such
agreement, the TLF shall be equal to the monthly payment set forth in IT's then-current pricing schedule.
2) Term
The license shall be valid on the first date the Update is both installed on a GT Cabinet and authorized by ITNet for play on that GT Cabinet and for thirty
(30) days thereafter. The term shall automatically renew for another thirty (30) days upon the timely payment of the TLF, as agreed upon by the parties,
up to a total of twelve (12) complete terms. If the TLF is not paid within fifteen (15) days of the due date, this license shall automatically terminate. At the
end of twelve (12) complete terms, this License shall terminate and the parties shall become bound by the terms of the Perpetual Software License
attached hereto.
3) License Rights
Licensee shall have the right to utilize the Update on authorized GT Cabinets in the normal course of business and as controlled by the Rules of ITNet,
as set forth in a separate “Operator Agreement” document, the terms and conditions of which, where not conflicting with the terms and conditions herein,
are hereby incorporated by reference. Updates may only be operated on GT Cabinets which are installed in commercial locations, as that term is defined
by IT, and to which there is general access by all parties with a general right to enter the location where the GT Cabinet is operated.
4) Legal Operation
Updates include various features which may not be lawful to operate in any given jurisdiction. No provision of any feature, or its licensure to Licensee
under the terms herein shall be deemed as advice that operation of that feature is lawful or not lawful in any given jurisdiction. Licensee shall make
reasonable efforts to disable any user-adjustable feature which they know or should have known as not lawful to operate in the location where a GT
Cabinet with an Update is being operated.
5) Termination and Rollback
In the event that this License is terminated for whatever reason, Licensee shall have absolutely no right to operate any GT Cabinet upon which an
Update has been installed. IT reserves the absolute right, at its sole discretion, to terminate the operation of any GT Cabinet upon which an unlicensed
Update has been installed. If Licensee wishes to restore such a GT Cabinet to operating condition without acquiring a new License for the Update, IT will
roll-back that GT Cabinet, at no charge to the Licensee, to the Prior Version upon return (at Licensee’s expense) of the required hardware to IT’s service
center.
6) Governing Law and Jurisdiction
The validity and construction of this License and of the rights and obligations set forth herein shall be determined and governed by the laws of the State
of Illinois. The parties hereby submit to the Jurisdiction of any state or federal court in Cook County Illinois. Licensees operating outside the borders of
the United States of America, regardless of their citizenship or residency, explicitly agree to allow any assets they may have in the USA or any other
foreign country to be attached, garnished, forfeited or otherwise reached by any legal act if, after due process of law, they are found to be liable to IT for
damages by reason of breach of this License.
7) Warranty
If the Licensee discovers any physical defect in the media (disk, EPROM, flash media, etc.) on which the Update is distributed or in the documentation,
which in the opinion of Incredible Technologies, Inc. (IT) prevents the product from being used as reasonably intended, IT will replace the media or
documentation at no charge. The purchaser must return the item to be replaced, with proof of purchase, to IT within 90 days after taking delivery of the
Update.
8) Disclaimer of Remedies
Acceptance of this License and installation of the Update includes disclaimer and waiver of any and all implied, statutory, or common-law warranties,
including warranties of merchantability and fitness for a particular purpose, and limits the purchaser's remedy to returning the Update to IT for
replacement.
IT makes no warranty or representation, either express or implied, with respect to Updates, their quality, performance, merchantability, or fitness for a
particular purpose. Updates are licensed "as is," and the licensee assumes the entire risk as to their quality and performance other than as explicitly set
forth herein.
Acceptance of this License and installation of the Update includes disclaimer and waiver of any and all direct, indirect, special, incidental, or
consequential damages arising out of the use or inability to use the Update, even if advised of the possibility of such damages. The warranty and
remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. No person, seller, dealer, agent, or employee is
authorized to make any modification or addition to this limited warranty.
In jurisdictions which do not allow the exclusion of implied warranties or liability for incidental or consequential damages, acceptance of this License and
installation of the Update includes stipulation that the most minimal requirements of the law of those jurisdictions shall govern any additional required
additional rights of Licensee.
9) Severability
If any provision of this License shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remaining provisions shall remain in full force and
effect.
