Golden Tee LIVE™
Version 9/16
Page 82
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3. Operators shall only operate TGAMES at locations where OPERATOR has used its best, good-faith
efforts to determine that the operation of TGAMES and related game play features are in compliance with all
local, state, and other governmental body laws and regulations.
4. Operators 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 TGAME is being operated.
5. Operators shall make reasonable efforts to properly license, certify, register, or otherwise comply with
tracking, licensing and taxation requirements in the location where a TGAME is being operated. Operators
shall indemnify and hold IT harmless for incorrect or inadequate licensing, registration, or taxation
procedures which result in a claim against IT.
6. Operators shall only operate TGAMES in a traditional coin-operated environment. TGAMES shall be
operated in a commercially reasonable fashion at all times. Failure to operate TGAMES in a commercially
reasonable fashion, or to locate them in a traditional coin-operated environment, as determined solely by IT,
shall because for appropriate action, up to and including loss of the ability to connect any given TGAME or
TGAMES to the ITNet, at IT’s sole discretion.
7. Operators agree that these Rules are subject to change at IT’s sole discretion. Any change posted on IT’s
website and/or otherwise reasonably communicated to Operators shall be effective with regard to any
particular TGAME upon the beginning of the next billing cycle for that TGAME.
8. As IT and Operators have the right to terminate the Operator Agreement at will and at their sole
discretion, IT reserves the right, at its sole discretion, to impose sanctions for breach of the Operator's
Agreement and/or the Rules of the ITNet upon Operators or individual TGAMES which are less onerous
than a full termination of the Operator Agreement. Operators who do not agree to abide by the terms of
sanctions imposed by IT must provide IT with written notice of same, which shall constitute written notice of
termination of the Operator Agreement.
Game Maintenance:
All Operators of TGAMES shall maintain such games in a reasonable and prudent
manner, shall not materially alter them from the state in which they were sold by IT, and shall install and
maintain all IT-supplied components as directed by IT in service manuals, service bulletins, and any other
notification or instruction means. All Operators of TGAMES agree to indemnify and hold IT harmless for any
claim by any Operator, employee or agent of an Operator, or any third party in which the Operator’s
installation or maintenance, or lack thereof, of a TGAME was a contributory factor in causing such claim.
Operators shall also provide prompt and courteous technical support and service to locations where
TGAMES have been placed in service.
ITNet Image/Text Placement
:
All Operators agree that IT has the right, at its sole discretion, to include
images and/or text with TGAMES, or to push them to TGAMES through the ITNet or other suitable
transmission or transfer means, which display during the play of TGAMES and/or when TGAMES are not in
use. These images and/or text may include, but are not limited to, advertisements for IT's products and
services, advertisements for the products and services of third parties, or images and/or text of an
entertaining, educational, or whimsical nature.
Governing Law and Jurisdiction:
The validity and construction of these Rules, and the Operator
Agreement which governs and empowers them, and of the rights and obligations 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. Operators 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 these
Rules.
Severability:
If any provision of these Rules 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.
ITNet® Operating Rules Version 4/10
