These are the terms upon which Pro Golf IQ licenses and supplies software and provides support and maintenance services to the customer ("Customer").
These are the terms upon which Pro Golf IQ Pty Ltd A.C.N. 131 106 904 ("Pro Golf IQ") as Licensor licenses and supplies software and provides support and maintenance services to the customer ("Customer").
Software means the software to be supplied by Pro Golf IQ to the Customer under this agreement as described in the Documentation and includes any improvement, update, version or adaptation of the Software.
Documentation means the documentation for the Software to be supplied to the Customer under this agreement including any installation and user manuals and guides provided with the Software.
Licence means the licence to use the Software and Documentation set out in this agreement.
Services means any support and maintenance services to be provided by Pro Golf IQ to the Customer as agreed in writing between Pro Golf IQ and the Customer.
All Software and Documentation is supplied to the Customer on the terms of this agreement.
Any Services provided to the Customer will be provided on the terms of this agreement. Pro Golf IQ may subcontract the provision of the Services.
Pro Golf IQ grants to the Customer a non-transferable, non-exclusive licence to use the Software and Documentation by the Customer for the purposes set out in the Documentation. The licence is perpetual, subject to termination of this agreement. The customer may install copies of the software on their computer and personal portable devices. Except with the prior written consent of Pro Golf IQ the customer must not:-
The Customer will assume liability for any legal claim that may arise from a third party who has obtained the Software illegally from the Customer.
The Customer will pay for the Software, Documentation, Services and Licence prior to receiving the Software
The owner of the intellectual property retains ownership of all intellectual property rights in the Software and Documentation. The Customer will not remove any notices regarding the ownership of intellectual property from the Software or Documentation.
The Customer may make copies of the Software solely for personal use as previously described in point 4 of this agreement. The Customer will not copy, or permit any other party to copy, the Software or any part of it. The Customer must not sell or purport to sell any copies of the Software. All copies of the Software, including copies made by the Customer, are the property of Pro Golf IQ. The Customer may not copy or publish the Documentation in whole or in part, except as permitted in writing by Pro Golf IQ. The Customer will not reverse engineer, decompile or disassemble the Software, or permit any other party to do any such act.
The customer will, on purchase of the software be given access to an introduction video (session 1) by way of a streaming link in the members area on the Pro Golf IQ website. The customer will not require to see this video more than once however access to the video will be granted twice as part of this agreement.
The customer will only need to download purchased Pro Golf IQ audio files once however access to each audio file will be granted twice as part of this agreement.
The owner of the source code retains ownership of the source code of the Software which will not be delivered to the Customer. The Customer is not entitled to obtain a copy of the source code or otherwise access the source code.
The Customer will take all reasonable steps necessary to ensure that the Software or any part of it is not made available by the Customer, or by any of its employees, agents or sub-contractors, to any other organisations or individuals.
The Licence is personal to the Customer and the Customer must not sell or sublicense or assign the Licence to any other person (or purport to do any of the said acts).
To the extent permitted by law, Pro Golf IQ does not warrant that the Software is error free or fit for the purpose of use by the Customer. The Customer acknowledges that the Software may contain errors which may affect the operation of the Software and the results generated by the Software. The Customer accepts that, to the extent permitted by law, Pro Golf IQ accepts no liability for any errors arising out the use or performance of the Software or the data , results or other information generated by the Software.
Except as set out in clause 11 above or where implied by law, Pro Golf IQ gives no other warranty and makes no representation or undertaking in relation to the Software or Documentation, or its performance or suitability for any purpose. Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions or warranties are excluded. All implied terms, conditions and warranties in any Sale of Goods legislation are excluded.
Where any law or statute implies a term into this agreement, or confers a right or remedy, which cannot be excluded, the liability of Pro Golf IQ is limited to the maximum extent allowed under the applicable law or statute.
Pro Golf IQ's liability and the Customer's remedy for breach of any express warranty, or warranty or right implied or conferred by law, are limited to, at Pro Golf IQ's option, one or more of:
In the case of any goods:-
Pro Golf IQ accepts no responsibility for, and excludes liability for, any use of the data, results or other information generated by use of the Software by the Customer. The Customer acknowledges and agrees that such data, results or other information may contain errors.
Pro Golf IQ is not responsible for, and excludes liability for, any action taken by the Customer (or any omission) relying on the data, results or other information generated by use of the Software by the Customer.
The Customer will indemnify Pro Golf IQ, and keep Pro Golf IQ indemnified against any claim by the Customer or any third party arising out any use of the data, results or other information generated by use of the Software by the Customer including (without limitation) any claim arising out of any action taken by the Customer relying on the data, results or other information generated by use of the Software or any claim alleging a breach of any applicable law, legislation, regulation or code of practice.
Except as expressly provided elsewhere in this agreement, Pro Golf IQ will be under no liability whatsoever to the Customer (whether for breach of contract, negligence or otherwise) in respect of any injury, loss or damage which may be suffered or incurred by the Customer or which may arise directly or indirectly in respect of the supply or use of the Software or Documentation or provision of the Services under this agreement or in respect of a failure or omission on the part of Pro Golf IQ to comply with its obligations under this agreement.
Without limiting the generality of clause 16 above, Pro Golf IQ will be under no liability to the Customer (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages or injury whatsoever (including, without limitation, damages for loss of business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the supply of the Software or Documentation or any use of the Software or Documentation supplied or the provision of the Services, even if Pro Golf IQ has been advised of the possibility of such damages.
The Customer is responsible for complying with any law, legislation, regulation or code of practice applicable to the Software and its use or any action taken by the Customer relying on the data, results or other information generated by use of the Software. Pro Golf IQ is not responsible for, and excludes liability for, any breach of any applicable law, legislation, regulation or code of practice by the Customer in relation to use of the Software or action taken by the Customer relying on the data, results or other information generated by use of the Software.
Without limiting the generality of the above, it is the Customer's responsibility to ensure that any use of the Software or action taken by the Customer relying on the data, results or other information generated by use of the Software does not breach any applicable privacy or data protection laws, any laws relating to the rights of employees; any laws relating to the use or disclosure of confidential information; or result in any claim being made against Pro Golf IQ or the Customer.
Pro Golf IQ may terminate this agreement , including the Licence granted to the Customer, if:-
If this agreement is terminated, the Customer must immediately stop using the Software and Documentation and delete the Software from its computer systems.
Each party will keep confidential any confidential information belonging to the other party disclosed pursuant to this agreement. Confidential information belonging to Pro Golf IQ includes the unpublished content and methodology of the Software, Pro Golf IQ's dealings with the Customer and any other information relating to the business, operations or products of Pro Golf IQ, other than information in the public domain or information which subsequently enters the public domain (except as a result of a breach of this agreement).
If any term or part of this agreement is, or becomes, for any reason invalid or unenforceable at law, that term or part of this agreement will be and is hereby deemed to be severed from this agreement without affecting the remainder of this agreement and the remainder of this agreement will continue to be valid and enforceable.
This agreement may only be amended, varied or replaced by a document duly signed by or on behalf of the parties.
This agreement constitutes the entire agreement between the parties in respect of the supply of the Software and Documentation. This agreement supersedes all prior representations, warranties, agreements, understandings, negotiations and discussions whether oral or written, express or implied, collateral or otherwise, by or between the parties pertaining to the subject matter of this agreement.
A party will not be liable to the other for any delay or failure to perform its obligations under this agreement by reason of any circumstances beyond its reasonable control.
This agreement is governed by and is to be construed in accordance with the laws of the State of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.
Do not use this software package if you are fitted with a pacemaker.
Epileptics and Photo-Epileptics should NOT use this product without the consent of their physician.
Persons with a history of brain seizures, mental disorders or alcohol and/or drug abuse should also not use the product unless first consulting their medical doctor.
You must never listen to this program while walking, cycling, riding or driving any motor vehicle car or while operating machinery of any kind or any other activity, which requires your full attention.