SOFTWARE SUBSCRIPTION TERMS FOR TRACKMAN UNITS (TRACKMAN 4, TRACKMAN iO, AND TRACKMAN 3E)
These Subscription terms are an addendum to the Terms of Sale, and the provisions of these Subscription terms shall apply to and form an integral part of the Order Confirmation (as defined in the Terms of Sale).
Free Features means access to certain data parameters (across club and ball data) or entire application features, available via the TrackMan Software anytime without payment of a subscription fee.
Subscription Period means the period that you are permitted to use the Premium Features of the TrackMan Software as specified in the applicable sales documentation (e.g. the Order Confirmation or other purchase documentation). If no Subscription Period is specified in the Order Confirmation, each Subscription Period has a duration of 12 months. The first Subscription Period shall commence on the date of the Order Confirmation.
Premium Features means each of the features of the TrackMan Software that require payment of a subscription fee in order to access, including but not limited to; Insights Features, Target Practice Range, Performance Center, Full Library of Virtual Golf Courses, All Games, Tour Player Library, TrackMan Cloud, Event Software, TMU Membership and Golf Portal (https://portal.trackmangolf.com/).
TrackMan Software means the TrackMan software specified in the Order Confirmation, which may include any of the following TrackMan software: TrackMan Performance Studio, Virtual Golf, TrackMan Range, TrackMan Golf, TrackMan Golf Pro, TrackMan Golf Classic, TrackMan Camera, TrackMan Events, TrackMan University, MyTrackMan and Golf Portal.
Other capitalized terms used herein shall have the same meaning ascribed to them in the Terms of Sale.
These Subscription terms regulate your limited right to use the TrackMan Software granted by TrackMan to you.
3. License Grant
(a) TrackMan hereby grants to you a perpetual, non-assignable, non-transferable and non-exclusive right to use all Free Features of the TrackMan Software for personal and commercial use, subject to limitations set out in Section 4 and any other limitations clearly indicated with purchase of your unit.
(b) TrackMan hereby grants to you a non-assignable, non-transferable and non-exclusive right to use the Premium Features of TrackMan Software for personal and commercial use during the Subscription Period, subject to limitations set out in Section 4 and any other limitations clearly indicated with purchase of your unit.
All rights not expressly granted to you in these Subscription terms are reserved to TrackMan.
4. Prohibited Use
The right to use the TrackMan Software is subject to the express restrictions set forth below. You shall not knowingly, and shall not knowingly permit any third party, to:
- Use any TrackMan Software or any TrackMan hardware for broadcast, including TV and video, or internet streaming purposes in any form unless specifically directed by TrackMan (e.g. participants in NEXT Tour);
- Any units sold only for home use (e.g. TrackMan iO Home) cannot be used in commercial settings
- Modify, or create derivative works of, any part of the TrackMan Software;
- Adapt, translate, copy or convert all or any part of the TrackMan Software in order to create software, a principal purpose of which is to perform the same or similar functions as the TrackMan Software or to replace any component of the TrackMan Software;
- Rent, lease, loan, sell, license, sublicense, publish, display, distribute, grant a security interest, assign or otherwise transfer the TrackMan Software, any copy or portion thereof to any third party, however, subject to full compliance with these Subscription terms, you are entitled to make TrackMan Software available to third party users in connection with any rental and/or loan of TrackMan units by you to such third party users. The right to make TrackMan Software available includes making the TrackMan Software available to third party users in connection with rental and/or loan of TrackMan units to such third party users as (i) golf coaches, (ii) club fitters, (iii) golf clubs, (iv) driving ranges (v) indoor golf and/or entertainment centres, (vi) fitness cen-tres, (vii) hotels, (viii) cruise ships, and (viii) car dealers (non-exhaustive list);
- Dissemble, decompile, reverse engineer the TrackMan Software or otherwise attempt to gain access to its method of operation or source code;
- Alter, remove, replace, or obscure any copyright, trade secret, trademark, logo, proprietary and/or legal notices on or in copies of the TrackMan Software; and/or
- Copy, or otherwise reproduce the TrackMan Software, in whole or in part, except either (i) as may be required for the installation into computer memory for the purpose of executing the TrackMan Software in accordance with the Permitted Installation, or (ii) to make reasonable number of copies solely for back-up purposes.
5. Intellectual Property Rights
TrackMan holds full copyright, title and any other right to the TrackMan Software, including all updates and modifications thereto and all derivative works thereof.
Any disregarding of these rights, including careless use of the TrackMan Software, which might render copying of the TrackMan Soft-ware possible for third parties, shall be deemed a material breach of these Subscription terms, cf. Section 11.
6. Updates and new releases
Until the subscription is terminated, you have access to software updates, releases, new features and repair & support services, as updated by TrackMan from time to time in its sole discretion, without additional charge. Updates, releases and new features made available to you will be considered part of the TrackMan Software and subject to the terms and conditions of these Subscription terms and the Order Confirmation.
You accept that TrackMan has the right, at its sole discretion and without notice, at any time to supersede versions of the TrackMan Software with newer versions which may add, modify, or delete specific features (including Free Features and Premium Features) or characteristics of earlier versions, and that these updates and changes may make older TrackMan Software incompatible with more current versions of the TrackMan Software.
TrackMan may make any additional features to the TrackMan Software available for download and use by you at any time, including but not limited to updated TrackMan Apps.
The Subscription Period for Premium Features is automatically renewed every twelve months, unless terminated in writing by you or TrackMan no less than 30 calendar days prior to expiry of the then current Subscription Period. Renewal is subject to payment of the subscription fee set out on www.trackman.com. TrackMan reserves the right to adjust the subscription fee with respect to future Subscription Periods, provided that any increase of the subscription fee is notified to you by e-mail not later than 2 months prior’ to the commencement of a new Licence Period. The subscription fee is payable on the first day of the new Subscription Period.
8. Internet Connectivity and Privacy
As permitted by applicable law or as consented to by you, TrackMan may (a) send you transactional messages to facilitate the activation or registration of the TrackMan Software, or (b) deliver in-product marketing to provide information about the TrackMan Software and other TrackMan products and services using information including but not limited to platform version, version of the TrackMan Software and subscription status.
The TrackMan Software may cause your computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the computer and (b) notify TrackMan of the results of installation attempts.
The TrackMan Software may require you to (a) obtain a TrackMan account no., (b) activate or reactivate the TrackMan Software, (c) register the TrackMan Software, or (d) validate a TrackMan account. Such requirement may cause your computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. The TrackMan Software or you may also receive information from TrackMan related to your subscription, license or TrackMan account. TrackMan may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid subscription, license, or TrackMan account. Failure to activate or register the TrackMan Software, validate the subscription or a TrackMan account, or a determination by TrackMan of fraudulent or unauthorized use of the TrackMan Software may result in reduced functionality, inoperability of the TrackMan Software, or a termination or suspension of the subscription, license or TrackMan account.
9. Limited Warranties.
TrackMan warrants that TrackMan has the right to grant the subscription rights hereunder.
THE TRACKMAN SOFTWARE, INCLUDING ALL FREE FEATURES AND PREMIUM FEATURES, ARE MADE AVAILABLE AS-IS AND WITHOUT ANY WARRANTY FROM TRACKMAN OTHER THAN SET OUT ABOVE.
THE LIMITED WARRANTY IN SECTION 9 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES APPLICABLE TO THE TRACKMAN SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, TRACKMAN DISCLAIM ALL WAR-RANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUD-ING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTA-BILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, THE TRACKMAN SOFTWARE AND ACCESS TO ANY WEBSITES, TRACKMAN OR THIRD PARTY ONLINE SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS.
The provisions of Sections 10 and Section 11 will survive the termination of these Subscription terms, howsoever caused, but this will not imply or create any continued right to use the TrackMan Software after termination of the subscription.
11. Limitation of liability
EXCEPT FOR ANY REMEDIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER LAW, TrackMan WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A TRACKMAN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, TRACKMAN’S AGGREGATE LIABILITY IN CONNECTION WITH THIS SUBSCRIPTION WILL BE LIMITED TO THE AMOUNT PAID FOR THE TRACKMAN SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THESE SUBSCRIPTION TERMS OR THE ORDER CONFIRMATION. Nothing contained in these Li-cense Terms limits Trackman’s liability to you in the event of death or personal injury resulting from TrackMan’s negligence or fraud.
THE FOREGOING LIMITATIONS AND EXCLU-SIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UN-DER CONSUMER PROTECTION AND OTHER LAWS. TRACKMAN DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
All rights held by you under these Subscription terms, including the right of use, will terminate automatically without notice from TrackMan if you fail to comply with any term(s) in these Subscription terms or the Order Confirmation. The TrackMan Software is protected by copyright law and international treaties. Unauthorised reproduction of the TrackMan Soft-ware, or any part of it, may result in civil and criminal penalties.
13. Choice of law and jurisdiction
You agree that the subscription provided to you shall be governed in all respects by Danish law, without regard to choice of law provisions.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the subscription shall be resolved exclusively in the competent courts of Denmark.
In case you have a complaint, please contact us via www.trackman.com/contact first.
All claims shall be brought within two (2) years after the claim arises.