EULA-Easy-oSW

END-USER LICENSE AGREEMENT for the following software:

NOBOGEY-Game and Swing Check, EASY-Version (without Golfswing-Tool)

IMPORTANT:
Please read this END-USER LICENSE AGREEMENT ('EULA') carefully before using one of the above products.
The above software can only be installed if you agree to the terms of this EULA.

By clicking on the button 'I accept' you agree to the terms of this EULA.

This EULA is a legal agreement between you (either an individual or a single entity) and Reinhold Gugler ('LICENSER') for the software product identified above, which includes computer software and associated media and printed materials, and may include 'online' or electronic documentation ('SOFTWARE').
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
By clicking on the button 'I don't accept' during installation you are not allowed to install, copy or otherwise use the SOFTWARE.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE is Freeware and is licensed free of charge!
You don't need any license data and you don't have to register.

1.)GRANT OF LICENSE: This EULA grants you the following non-exclusive rights:

a)Software: The LICENSER retains all title to and ownership of the SOFTWARE and reserves all rights not expressly granted to you.
You may install and use ('EXECUTE') the SOFTWARE on any electronic device ('COMPUTER') you wish and you may transfer, free of charge, the SOFTWARE to any person.
You may make unlimited copies of the machine-readable portion of the SOFTWARE, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the originals of the SOFTWARE.

2.)LIMITATIONS:

a)You may not remove the copyright notice from any copy of the SOFTWARE or any copy of the written materials, if any, accompanying the SOFTWARE.

b)Software Transfer: You may permanently transfer your license of the SOFTWARE, provided that (a) you transfer all portions of the SOFTWARE or copies thereof and (b) the transferee reads and agrees to be bound by the terms and conditions of this EULA.
So don't hesitate to give the SOFTWARE to your friends!
However, offering the SOFTWARE for downloading or for sending on a website requires a written permission from the LICENSER.

c)Decompiling, Disassembling, or Reverse Engineering: You may not reverse- engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

d)Rental/Sale: You may not rent or lease the SOFTWARE. You may not sub-license any of your rights under this EULA.
Further, you may not sell a game or swing analysis created with the SOFTWARE and you may not use the SOFTWARE and its results for offering any kind of internet services.

e)Support: The LICENSER provides no technical support for the SOFTWARE.
The SOFTWARE is only available to download from the internet and will not be shipped.

The LICENSER is not obligated to provide any updates, upgrades or technical support for the SOFTWARE.

3.)TERMINATION: Without prejudice to any other rights, the LICENSER may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

4.)COPYRIGHT: All rights, title, and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, videos and text incorporated into the SOFTWARE) and any copies of the SOFTWARE are owned by the LICENSER.
If the SOFTWARE only provides electronic documents you may print one (1) copy of this document. You may not copy the printed materials, if any, accompanying the SOFTWARE.

5.)NO WARRANTY: YOU AGREE THAT THE LICENSER HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE LICENSER DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE LICENSER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

You assume full responsibility for the selection of the SOFTWARE to achieve your intended results, and for the installation, use and results obtained from the SOFTWARE.

6.)LIMITATION OF REMEDIES AND DAMAGES: IN NO EVENT WILL THE LICENSER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS EULA, EVEN IF THE LICENSER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some countries/states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE EULA SHALL NOT APPLY TO PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY THE LICENSER'S NEGLIGENCE.

7.)GOVERNING LAW: This EULA will be governed by the laws of the Republic of Austria.

8.)SEVERABILITY: In the event of invalidity of any provision of this EULA, the parties agree that such invalidity shall not affect the validity of the remaining portions of this EULA.

9.)GENERAL: This EULA is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees.

10.)CONTACT: Should you have any questions concerning this EULA or if you desire to contact the LICENSER for any reason, you will find the contact address on the website 'www.nobogey.net'.

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