EULA-Team

END-USER LICENSE AGREEMENT for the following software:

NOBOGEY-Game and Swing Check, TEAM-Version

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 licensed, not sold!

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

a)Software: You own the disk or other media on which the SOFTWARE is originally or subsequently recorded or fixed; but, as between you and the LICENSER (and, to the extent applicable, its suppliers), 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 only on a single computer, a single working-station, a single terminal, a single notebook or handheld PC or other digital electronic device ('COMPUTER').
You may make one (1) archival copy of the machine-readable portion of the SOFTWARE for backup purposes only in support of your use of the SOFTWARE on a single COMPUTER, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the originals of the SOFTWARE.

b)Use on server: You may EXECUTE the SOFTWARE on an single intranet-server only if the SOFTWARE is EXECUTED on other COMPUTERS of this intranet. It may not be copied onto multiple systems.
You are bound by this EULA to purchase one (1) license for each COMPUTER on which you EXECUTE the SOFTWARE over this intranet.
One (1) license may not be shared or be used on more than one (1) COMPUTER at the same time.

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, (b) you do not retain any portion of the SOFTWARE or any copy thereof, (c) you inform the transferee to request its personal license data from the LICENSER and (d) the transferee reads and agrees to be bound by the terms and conditions of this EULA.
If the SOFTWARE is an update, any transfer must include all prior versions of the SOFTWARE.

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.
You have the permission to sell a game or swing analysis created with the SOFTWARE. But you may not use the SOFTWARE and its results for offering any kind of internet services.

e)Support: The LICENSER may offer technical support at its own discretion. Any supplement software code you receive in conjunction with this support is considered as part of the SOFTWARE and therefore is subject to this EULA.
The LICENSER may use your technical data in conjunction with this support for business purposes, including product support and development.
The LICENSER is bound, in accordance of applicable law, to the exclusive anonymous use of your technical data, except to the extent for the provision of the support necessary.

f)Software-Updates: The LICENSER is reserving the rights to substitute, to change or to update ('UPDATE') the SOFTWARE at its own discretion and to offer you the UPDATE for sale.
Any offered UPDATE is considered as part of the SOFTWARE and therefore is subject to this EULA (unless another EULA, that is included with the UPDATE, has priority over this EULA).
If the LICENSER is offering an UPDATE, the further use of the SOFTWARE is depending on (a) your acceptance of the UPDATE and the possibly included priority EULA and (b) the termination of your rights in using the earlier versions.

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.)LIMITED WARRANTY: The LICENSER warrants, as the sole warranty, that, by shipment of the SOFTWARE, the disks on which the SOFTWARE is furnished will be free of defects, as set forth in the printed manual included with the SOFTWARE.
The LICENSER disclaims all warranties of any kind if the SOFTWARE was customized, repackaged or altered in any way by any third party other than the LICENSER.

EXCEPT AS STATED ABOVE IN THIS EULA, 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. IN NO EVENT WILL THE LICENSER'S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
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.

Further, the LICENSER shall not be liable for the accuracy of any information provided by the LICENSER or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.

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.)PRODUCT RETURNS: If you must ship the SOFTWARE to the LICENSER or an authorized distributor or dealer, you must prepay shipping and either insure the SOFTWARE or assume all risk of loss or damage in transit.

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

9.)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.

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

11.)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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