End User License Agreement and Terms and Conditions
SkyCaddie® Membership Plans License Agreement and Terms and Conditions

END USER LICENSE AGREEMENT AND TERMS AND CONDITIONS

This License Agreement is a legal agreement between you and SkyHawke Technologies, LLC (“Licensor”). You acknowledge that you have read, understood and agreed to this License Agreement, and you agree that this License Agreement is enforceable like any written negotiated agreement signed by you. This License Agreement applies in connection with your use of and access to SkyGolf and/or ClubSG™ accounts and in connection with the SkyCaddie® GPS range finder and accessories. You acknowledge and agree to this License Agreement by clicking the “ACCEPT” button, and by proceeding with either the creation of a SkyGolf or ClubSG™ (Beta) account or the download and installation of any software in connection with either a SkyGolf or ClubSG™ (Beta) account or a SkyCaddie® device, whether from the Internet, disks, CD-ROM, or any other media. Any and all software (including any embedded software, drivers, enhancements, revisions, downloads, modifications or updates), documentation and any fonts, whether on disk, in read only memory, on any other media or in any other form, that either came with your SkyCaddie® device or is downloaded or provided in connection with a SkyGolf or ClubSG™ account (collectively, the “SkyGolf Software” or “Software”) are licensed, not sold, to you by Licensor for use only under the terms of this License Agreement, and Licensor reserves all rights not expressly granted to you. (As used in this License Agreement, “SkyGolf Software” and “Software” includes, but is not limited to, SkyGolf course maps and the components thereof, and any separate reference to SkyGolf course maps is for clarity or emphasis purposes.

PLEASE READ CAREFULLY THIS LICENSE AGREEMENT BEFORE CLICKING ON THE ACCEPT BUTTON. CLICKING THE ACCEPT BUTTON AND PROCEEDING WITH EITHER THE CREATION OF A SKYGOLF OR CLUBSG™ (BETA) ACCOUNT, REGISTRATION OF YOUR SKYCADDIE® OR THE ACCESSING, DOWNLOADING OR INSTALLATION OF ANY SKYGOLF SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT CLICK ON THE ACCEPT BUTTON OR PROCEED FURTHER AND YOU SHOULD RETURN THE PRODUCT PACKAGE TO THE POINT OF PURCHASE WITHIN THIRTY (30) DAYS TO APPLY FOR A REFUND.

1) Grant of License — Licensor provides limited access to the SkyGolf Software (including the SkyGolf course maps associated with your SkyCaddie® Membership Plan) and SkyGolf internet web site access, and grants a limited license for their use under the terms of your SkyCaddie® Membership Plan and the additional terms set forth in this License Agreement. To the extent this License Agreement includes the licensing of Software or other components also licensed in connection with a SkyCaddie® Membership Plan (including access to SkyGolf course maps and to advanced course management features), you will lose access to the SkyGolf Software (including the SkyGolf course maps downloaded to your SkyCaddie® device as well as any scores, statistics and other information you have stored on your SkyGolf or ClubSG™ (Beta) account) on expiration of the term of your SkyCaddie® Membership Plan if not timely renewed. If you do not purchase a SkyCaddie® Membership Plan, or purchase a Registration Only Membership Plan, you will not have access to the features and functionality of the SkyCaddie® Membership Plan, such as SkyGolf’s course maps and advanced course management features. Licensor reserves the right to stop offering SkyCaddie® Membership Plan renewals at any time without notice.

a. Subject to paragraph 5 below and the other terms of this License Agreement, you are granted a nontransferable, non-exclusive license to use the SkyGolf Software (and access the SkyGolf course maps) under the terms stated in this License Agreement and your SkyCaddie® Membership Plan License Agreement for solely personal noncommercial use in connection with one (1) SkyCaddie® device. Title, ownership and copyright of the SkyGolf Software (including the SkyGolf course maps) and any scores, statistics and other information stored on your SkyGolf or ClubSG™ (Beta) account are vested in, and remain with, the Licensor. The rights granted herein are limited to the use of the SkyGolf Software, the SkyGolf course maps and your SkyGolf or ClubSG™ (Beta) account in accordance with this License Agreement, and do not include any rights in any patents or other intellectual property rights of Licensor.

b. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, de-compile, re-compile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works or translations of the Software including the SkyGolf course maps. The SkyGolf Software, the SkyGolf course maps and other software downloaded from the Licensor’s web site may not be used with, transferred or transmitted to any other GPS hardware, GPS Software, or any other user or medium, except to an authorized SkyCaddie® hardware/software system in your name (or the name of a transferee authorized by Licensor) for personal noncommercial use in accordance with this License Agreement. Licensor reserves the right to limit the number of SkyGolf course maps downloaded to your SkyCaddie® device, both in terms of total number of courses downloaded and number of courses downloaded over any given period of time.

c. You may not assign, distribute, lease, rent, lend, sublicense, or transfer this license to the SkyGolf Software, the SkyGolf course maps or any of their modules or components, except as provided herein or by item (b) above, or disclose the SkyGolf Software or SkyGolf course maps to any other person or entity, or otherwise offer access to or use of, the SkyGolf Software or SkyGolf course maps via the Internet or via any other network which is available to or accessible by third parties. Any attempt to do so is a violation of the rights of Licensor and its licensors of the SkyGolf Software. If you breach this restriction, you may be subject to prosecution and damages. You may, however, make a one-time permanent transfer of all of your license rights to the SkyGolf Software to another party in connection with the transfer of ownership of your SkyCaddie® device, provided that: (a) the transfer must include your SkyCaddie® device and all of the SkyGolf Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the SkyGolf Software or SkyGolf course maps, full or partial, including copies stored on a computer or other storage device;

(c) the party receiving the SkyGolf Software reads and agrees to accept the terms and conditions of this License and

(d) the transfer is not of a commercial nature. You agree to reasonably cooperate with Licensor in inquiries by Licensor regarding your downloading and/or use of SkyGolf course maps or other SkyGolf Software.

d. You agree that Licensor may send communications to you regarding the SkyGolf Software, your SkyGolf and/or ClubSG™ (Beta) account and other notifications relevant to the SkyCaddie® device you have registered with Licensor.

e. This License Agreement is effective until expiration, unless sooner terminated by Licensor. To the extent this License Agreement includes the licensing of software or other components also licensed in connection with a SkyGolf Membership Plan (including access to SkyGolf course maps and to advanced course management features), this License Agreement expires simultaneously with the expiration of such Membership Plan. Additionally, this license terminates, without notice, if you fail to comply with any provision of this Agreement. You agree upon expiration or termination to destroy the SkyGolf Software, together with all copies, modifications and merged portions in any form, including any copy in your computer memory or on a hard disk.

2) LIMITATION OF LIABILITY

LICENSOR PROVIDES THE SKYGOLF SOFTWARE ON AN “AS IS” BASIS AND DOES NOT WARRANT THE EXECUTION OR PERFORMANCE OF THE SOFTWARE. NO WARRANTIES ARE EXPRESSED AND NONE SHALL BE IMPLIED. LICENSOR SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SKYGOLF SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR SKYGOLF SOFTWARE, OR FOR SUBSCRIPTION FEES PAID FOR SKYGOLF COURSE MAP DATABASES. IN NO EVENT SHALL LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ANY SKYCADDIE® DEVICE, SKYGOLF SOFTWARE AND SOFTWARE UPDATES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

THE SKYGOLF SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SKYGOLF SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Please be advised that golf is an inherently dangerous activity, and use of the SkyCaddie® on a golf course is at your own risk.

3) Export Control — You may not use or otherwise export or re-export the SkyGolf Software except as authorized by United States law and the laws of the jurisdiction(s) in which the SkyGolf Software was obtained. In particular, but without limitation, the SkyGolf Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SkyGolf Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SkyGolf Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

4) U.S. Government Restricted Rights — The SkyGolf Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subdivision (c) (1) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/Manufacturer is SkyHawke Technologies, LLC, 274 Commerce Park Drive - Suite M, Ridgeland, MS 39157.

5) Requirement to Purchase a SkyCaddie® Membership Plan — Some or all of the SkyGolf Software (including access to SkyGolf course maps and advanced course management features) may not be used without a current SkyCaddie® Membership Plan. To the extent any of the SkyGolf Software is included in a SkyCaddie® Membership Plan, you must separately purchase the SkyCaddie® Membership Plan, and the use and license of such SkyGolf Software is subject to and governed by the SkyCaddie® Membership Plan and any license agreement in connection with such Membership Plan. If you do not purchase the SkyCaddie® Membership Plan, you will not have access to, and are not granted a license hereunder for, such SkyGolf Software.

6) No Responsibility for GPS System — Use of the SkyGolf Software and any SkyCaddie® device is dependent on the global positioning system. The global positioning system is a free service operated and maintained by the United States Government, which is solely responsible for its accuracy and maintenance. Licensor shall have no liability or responsibility for any failure in, or any limitations of, the global positioning system.

7) Ownership of Uploaded Data — You agree, for and in consideration of Licensor offering to you the license granted in accordance with the terms of this License Agreement, that any data uploaded by you to Licensor or to any website maintained by Licensor shall be and become the property solely of Licensor, and you hereby assign, convey and transfer to Licensor all of your right, title and interest in and to such data, including, without limitation, any copyright or other intellectual property rights you may have in such data.

8) Special Notice Regarding Certain Course Maps Contained in the SkyGolf Course Map Database — Pebble Beach®, Pebble Beach Golf Links®, Spyglass Hill® Golf Course, The Links at Spanish Bay™, Del Monte™ Golf Course, Peter Hay™ Golf Course, and their individual holes, course designs and respective underlying distinctive images are trademarks, service marks, and trade dress of Pebble Beach Company. Used under license.

9) Amendments or Modifications to This License Agreement, Modification of Software Support — Licensor shall have the right to amend or modify this License Agreement from time to time. All such amendments or modifications shall be effective on the date the amended or modified End User License Agreement and Terms and Conditions is posted to Licensor’s website at www.skygolf.com. Licensor reserves the right to change or discontinue its support of the SkyGolf Software.

10) Choice of Law — This License Agreement is governed by the laws of the State of Mississippi, without regard to the principles of conflict of laws. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue in full force and effect.

11) Complete Agreement — This License Agreement, together with any license agreement you entered in connection with a SkyCaddie® Membership Plan, constitutes the entire agreement between the parties with respect to the use of the SkyGolf Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License Agreement will be binding unless in writing and signed by Licensor. Any translation of this License Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

12) Beta Test Features — One or more features of the SkyCaddie® (including applications used in connection with the SkyCaddie®) may be in beta test mode (the “beta features”). The beta features are generally identified in the process either to register your SkyCaddie® or purchase your SkyCaddie® Membership Plan, and the beta features identified therein may be changed from time to time. The use and continuation of these beta features are subject to this License Agreement. As a beta tester, you are invited to use the beta features. The beta features are provided “AS IS” and “AS AVAILABLE,” and we make no warranty of any kind, express or implied, with respect to the beta features. By using the beta features, you agree that (i) use of the beta features is at your own risk and for the purpose of evaluating the features and identifying errors, (ii) the beta features may include known and unknown bugs and (iii) SkyGolf may discontinue or modify the beta features at any time and from time to time. SkyGolf makes no guarantee that the beta features will ever be released from beta testing as a full feature for use with the SkyCaddie®. The beta features may initially be provided free of charge. SkyGolf may, at any time, discontinue any such free use and may, at any time and from time to time, make access to or use of the beta features (and the features upon full release) subject to payment of additional fees or costs.

Revised 06/04/2010

SKYCADDIE® MEMBERSHIP PLANS LICENSE AGREEMENT AND TERMS AND CONDITIONS

NOTICE: SkyCaddie® Membership Plans selected only by United States customers include automatic Plan renewals, unless the U.S. customer chooses to opt out of automatic renewals. If you are a U.S. customer, please read paragraph 3 below carefully and follow the instructions if you elect to opt out of automatic renewals.

This License Agreement is a legal agreement between you and SkyHawke Technologies, LLC (“Licensor”). You acknowledge that you have read, understood and agreed to this License Agreement, and you agree that this License Agreement is enforceable like any written negotiated agreement signed by you. This License Agreement applies to the SkyCaddie® Membership Plan you have elected to purchase (“SkyCaddie® Membership Plan”, “Membership Plan” or “Plan”) and sets forth the terms and conditions of the Plan. You acknowledge and agree to this License Agreement by clicking the “AGREE” button and activating your SkyCaddie® Membership Plan. The software (including any embedded software, drivers, enhancements, revisions, downloads, modifications or updates), documentation and fonts that come with your SkyCaddie® Membership Plan, whether on disk, in read-only memory, on any other media or in any other form, whether provided at initial purchase of the Plan or at any time thereafter, (collectively the “SkyCaddie® Membership Plan Software”) are licensed, not sold, to you by Licensor for use only under the terms of this License Agreement, and Licensor reserves all rights not expressly granted to you in this Agreement.

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON THE “AGREE” BUTTON. CLICKING THE “AGREE” BUTTON AND ACTIVATING YOUR SKYCADDIE® MEMBERSHIP PLAN INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT CLICK THE “AGREE” BUTTON AND YOU SHOULD NOT ACTIVATE YOUR MEMBERSHIP PLAN PURCHASE OR PROCEED WITH THE DOWNLOAD OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE.

1) GRANT OF LICENSE - Licensor provides limited access to the SkyCaddie® Membership Plan Software (including the SkyGolf course maps associated with your Plan) and SkyGolf internet web site access, and grants a limited license for their use by you for the duration and under the terms of this License Agreement. You will lose access to the SkyGolf course maps downloaded to your SkyCaddie® device as well as any scores, statistics and other information you have stored on your SkyGolf or ClubSG™ (Beta) account on expiration of the term of your SkyCaddie® Membership Plan if not timely renewed. Licensor reserves the right to stop offering Membership Plan renewals at any time without notice.

a. You are granted a nontransferable, non-exclusive license to use the SkyCaddie® Membership Plan Software and access the SkyGolf course maps under the terms stated in this License Agreement for solely personal noncommercial use in connection with one (1) SkyCaddie® device which is properly registered in your name with Licensor. Title, ownership and copyright of the SkyCaddie® Membership Plan Software, the SkyGolf course maps, and any scores, statistics and other information stored on your SkyGolf or ClubSG™ (Beta) account are vested in, and remain with, the Licensor. The rights granted herein are limited to the use of the SkyCaddie® Membership Plan Software, the SkyGolf course maps and your SkyGolf or ClubSG™ (Beta) account in accordance with this License Agreement, and do not include any rights in any patents or other intellectual property rights of Licensor.

b. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, de-compile, re-compile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works or translations of the SkyCaddie® Membership Plan Software or the SkyGolf course maps. The SkyCaddie® Membership Plan Software, the SkyGolf course maps and other software downloaded from the Licensor’s web site may not be used with, or transferred or transmitted to, any other GPS hardware, GPS software or any other user or medium, except to an authorized SkyCaddie® hardware/software system registered in your name for your personal noncommercial use in accordance with this License Agreement. Licensor reserves the right to limit the number of SkyGolf course maps downloaded to your SkyCaddie® device, both in terms of total number of courses downloaded and number of courses downloaded over any given period of time.

c. You may not assign, distribute, lease, rent, lend, sublicense, or transfer your SkyCaddie® Membership Plan or this license to the SkyCaddie® Membership Plan Software, the SkyGolf course maps or any of their modules or components, except as provided by item (b) above. Additionally, you may not disclose the SkyCaddie® Membership Plan Software or SkyGolf course maps to any other person or entity or otherwise offer access to or use of the SkyCaddie® Membership Plan Software or SkyGolf course maps via the Internet or any other network or media which is available to or accessible by third parties. Any attempt to do any of the foregoing is a violation of the rights of Licensor and its licensors. In addition to any rights of Licensor hereunder, if you breach this restriction, you may be subject to prosecution and damages. You agree to reasonably cooperate with Licensor in inquiries by Licensor regarding your downloading and/or use of SkyGolf course maps or other SkyCaddie® Membership Plan Software.

d. You agree that Licensor may, from time to time, send communications to you regarding your SkyCaddie® Membership Plan or SkyCaddie® Membership Plan Software as well as other notifications relevant to the SkyCaddie® device you have registered with Licensor.

e. This License Agreement is effective until expiration, unless sooner terminated by Licensor. This license terminates, without notice, if you fail to comply with any provision of this Agreement. You agree upon expiration or termination to destroy the SkyCaddie® Membership Plan Software, together with all copies, modifications and merged portions in any form, including any copy in your computer memory or on a hard disk.

2) MEMBERSHIP PLAN FEATURES AND FUNCTIONALITY – The features and functionality of each SkyCaddie® Membership Plan varies. Depending on the Membership Plan you have elected to purchase and your location, Membership Plans respectively permit the following during the term of the Plan:

United States:

Double Eagle - Unlimited access to SkyGolf’s worldwide course map library

Eagle - Unlimited access to SkyGolf’s U.S.A. course map library

Birdie - Unlimited access to SkyGolf’s course map library for your state

Registration - Only No access to any course maps and limited or no access to advanced course management features

North America (Excluding U.S.A.) and South America:

Double Eagle - Unlimited access to SkyGolf’s worldwide course map library

Eagle - Unlimited access to SkyGolf’s North America (excluding U.S.A.) and South America course map library

Birdie - Unlimited access to SkyGolf’s course map library for your country

Registration Only - No access to any course maps and limited or no access to advanced course management features

Europe:

Double Eagle - Unlimited access to SkyGolf’s worldwide course map library

Eagle - Unlimited access to SkyGolf’s Europe and Africa course map library

Birdie - Unlimited access to SkyGolf’s course map library for your country

Registration Only - No access to any course maps and limited or no access to advanced course management features

Asia/Pacific:

Double Eagle - Unlimited access to SkyGolf’s worldwide course map library

Eagle - Unlimited access to SkyGolf’s Asia and Pacific course map library

Birdie - Unlimited access to SkyGolf’s course map library for your country

Registration Only - No access to any course maps and limited or no access to advanced course management features

Additionally, each Plan includes access to SkyGolf’s advanced course management features, which varies according to the feature compatibility of your SkyCaddie® device model. Licensor reserves the right to add, withdraw and modify SkyCaddie® Membership Plan features and functionality from time to time.

3) MEMBERSHIP PLAN PRICING; AUTOMATIC PLAN RENEWALS - The price of the SkyCaddie® Membership Plan you have elected to purchase is set forth on the Membership Plan selection page and on the Membership Plan activation page. By clicking on the Activate button, you agree to pay the purchase price of the Membership Plan you have elected to purchase. By clicking the Activate button, you also agree that Licensor may charge the SkyCaddie® Membership Plan purchase price to the credit card you have provided in the purchase process. In the event of a charge back (or other similar action) or other non-payment in connection with your payment of the applicable fee or renewal fee, you agree that your Membership Plan may be suspended, cancelled or terminated in Licensor’s sole discretion, and you will not have access to or use of the SkyCaddie® Membership Plan Software, the SkyGolf course maps or your SkyGolf or ClubSG™ (Beta) account.

(United States Customers Only) AUTOMATIC RENEWAL- YOU AFFIRMATIVELY AGREE THAT YOUR MEMBERSHIP PLAN WILL BE AUTOMATICALLY RENEWED UPON EXPIRATION, UNLESS YOU OPT OUT OF AUTOMATIC RENEWALS IN THE MANNER PROVIDIED IN THIS LICENSE AGREEMENT. AUTOMATIC RENEWAL IS PROVIDED AS A CONVENIENCE TO YOU AND HELPS PREVENT UNWANTED DISRUPTION IN SERVICE. BY CLICKING ON THE ACTIVATE BUTTON TO ACTIVATE YOUR MEMBERSHIP PLAN PURCHASE WITHOUT FIRST CLICKING ON THE AUTOMATIC RENEWAL OPT OUT BUTTON, YOU AGREE TO AUTOMATIC RENEWALS OF YOUR MEMBERSHIP PLAN. YOU AFFIRMATIVELY AGREE THAT YOUR MEMBERSHIP PLAN WILL BE AUTOMATICALLY RENEWED UNTIL SUCH TIME AS YOU OPT OUT OF AUTOMATIC RENEWALS IN THE MANNER PROVIDED IN THIS LICENSE AGREEMENT OR UNTIL YOU TERMINATE YOUR MEMBERSHIP PLAN AS OF THE END OF A THEN CURRENT TERM. ABOUT THIRTY (30) DAYS BEFORE EXPIRATION OF YOUR SKYCADDIE® MEMBERSHIP PLAN, LICENSOR WILL ATTEMPT TO SEND YOU A NOTICE THAT YOUR MEMBERSHIP PLAN IS UP FOR AUTOMATIC RENEWAL. LICENSOR WILL ATTEMPT TO SEND THE NOTICE TO THE EMAIL ADDRESS YOU GAVE DURING THE INTIAL MEMBERSHIP PURCHASE PROCESS, UNLESS YOU HAVE PROVIDED AN UPDATED EMAIL ADDRESS. YOUR FAILURE TO RECEIVE SUCH NOTICE FOR WHATEVER REASON WILL NOT, HOWEVER, PRECLUDE AUTOMATIC RENEWAL. IF YOU DESIRE TO RENEW YOUR MEMBERSHIP PLAN, YOUR MEMBERSHIP PLAN WILL BE AUTOMATICALLY RENEWED AND THE SKYCADDIE® MEMBERSHIP PLAN RENEWAL PURCHASE PRICE WILL BE BILLED TO THE CREDIT CARD YOU PROVIDED IN THE INITIAL PLAN PURCHASE PROCESS OR TO ANY UPDATED CREDIT CARD YOU HAVE PROVIDED. YOU MUST, HOWEVER, SYNCH YOUR SKYCADDIE® TO COMPLETE THE RENEWAL PROCESS. YOUR FAILURE TO AFFIRMATIVELY OPT OUT OF AUTOMATIC RENEWALS CONSTITUTES YOUR AGREEMENT FOR LICENSOR TO AUTOMATICALLY CHARGE YOUR CREDIT CARD FOR SUCH RENEWAL. YOUR MEMBERSHIP PLAN WILL BE RENEWED WITH THE SAME MEMBERSHIP PLAN AS YOUR EXPIRING PLAN AND AT THE PRICE YOU PAID FOR YOUR EXPIRING PLAN. IF THERE HAS BEEN A PRICE INCREASE IN YOUR EXPIRING MEMBERSHIP PLAN, LICENSOR WILL ATTEMPT TO NOTIFY YOU AND YOU MAY NOT BE ABLE TO AUTOMATICALLY RENEW YOUR MEMBERSHIP PLAN. ADDITIONALLY, IF YOUR CREDIT CARD HAS EXPIRED OR IS OTHERWISE INVALID, YOU MAY NOT BE ABLE TO AUTOMATICALLY RENEW. IN EITHER SUCH EVENT, YOU MUST GO TO YOUR ACCOUNT ON THE SKYGOLF WEBSITE AND MANUALLY RENEW YOUR MEMBERSHIP PLAN THERE. AUTOMATIC RENEWAL IS SUBJECT TO YOUR CREDIT CARD BEING VALID AT TIME OF RENEWAL AND THE CHARGE BEING ACCEPTED FOR THE FULL RENEWAL AMOUNT BY YOUR CREDIT CARD COMPANY. YOU ARE SOLELY RESPONSIBLE FOR NOTIFYING LICENSOR IN THE EVENT OF ANY CHANGES IN YOUR EMAIL ADDRESS AND/OR YOUR CREDIT CARD INFORMATION. YOU HEREBY AUTHORIZE LICENSOR TO RETAIN YOUR CREDIT CARD INFORMATION FOR PURPOSES OF AUTOMATIC RENEWALS, WITHOUT REGARD TO ANY PROVISION TO THE CONTRARY IN ANY PRIVACY POLICY OF LICENSOR.

PROCEDURE TO OPT OUT OF AUTOMATIC RENEWAL - YOU MAY OPT OUT OF AUTOMATIC RENEWALS DURING THE PROCESS IN WHICH YOU INITALLY PURCHASE YOUR MEMBERSHIP PLAN BY CLICKING ON THE AUTOMATIC RENEWAL OPT OUT BUTTON. YOU MAY ALSO OPT OUT OF AUTOMATIC RENEWALS AT ANY TIME BEFORE EXPIRATION OF YOUR THEN CURRENT PLAN BY GOING TO YOUR ACCOUNT AT http://caddiesync.skygolf.com OR BY CALLING CUSTOMER SERVICE AT 1-866-SKYGOLF (1-866-759-4653). ONCE YOU ELECT TO OPT OUT OF AUTOMATIC RENEWALS, YOU MUST MANUALLY RENEW YOUR MEMBERSHIP PLAN BEFORE EXPIRATION BY GOING TO YOUR MEMBERSHIP ACCOUNT AT THE SKYGOLF WEBSITE. AFTER OPTING OUT OF AUTOMATIC RENEWALS, IF YOU DO NOT MANUALLY RENEW YOUR PLAN BY THE EXPIRATION DATE OF YOUR PLAN, YOU WILL LOOSE USE OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE AND ANY OTHER FEATURES OF YOUR PLAN.

4) MEMBERSHIP PLAN INITIAL AND RENEWAL TERMS – The initial term of each Membership Plan, and the license granted to you under this License Agreement, is one year from and after the date of initial purchase of the Plan, except for Play 36 World and Play 36 Nation Plans, which have a three year initial term from and after the date of initial Plan purchase. Renewals of each Membership Plan, and of this License Agreement, shall have a renewal term of one year, except for Play 36 World and Play 36 Nation Plans, which shall have a renewal term of three years. All renewal terms shall begin on the date that coincides with the anniversary date of the initial Plan purchase in such a manner that there is no gap in time between an expiring term and the renewal term, regardless of when the renewal is actually made. Failure to timely renew may result in loss of data stored on your SkyCaddie® device or on your SkyGolf or ClubSG™ (Beta) account. All references to one year shall mean twelve (12) consecutive months, and all references to three years shall mean thirty-six (36) consecutive months. All renewals are subject to Licensor’s then current terms and conditions, which may be changed by Licensor from time to time.

5) NO CANCELATION, LIMITED TRANSFERABILITY - You may not cancel your Membership Plan before expiration of the term associated with your Membership Plan. Membership fees are non-refundable and are not subject to pro-ration in the event you sell, transfer or otherwise lose the use of your SkyCaddie® device. You may transfer your Membership Plan to another SkyCaddie® device that you own and that is registered under the same membership account. You may not transfer your Membership Plan to a SkyCaddie® or other device that is not registered under your Membership account.

6) PLAN UPGRADES – You may upgrade your SkyCaddie® Membership Plan at anytime during the term of your Plan or at an annual renewal date. If you upgrade your Membership Plan during the term of your Plan (and not on an annual renewal date), the price of the upgrade will be the difference between the price of the upgraded Plan and the price you paid for your then current Plan, and the upgraded plan will apply for the balance of the term of your then current Plan. Thereafter, your Membership Plan will be billed at the upgrade Plan price.

(United States Customers Only) If you want to upgrade your Membership Plan at a normal renewal date, you must manually renew your Plan, and you may not automatically renew. After manual renewal and upgrade, you will again be re-started on automatic renewal at the upgraded Membership Plan and will be given the option to opt out of automatic renewals.

7) LIMITATION OF LIABILITY

LICENSOR PROVIDES THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE ON AN “AS IS” BASIS AND DOES NOT WARRANT THE EXECUTION OR PERFORMANCE OF SUCH SOFTWARE. NO WARRANTIES ARE EXPRESSED AND NONE SHALL BE IMPLIED. LICENSOR SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO REFUNDS SHALL BE GIVEN FOR SKYCADDIE® MEMBERSHIP PLAN SOFTWARE OR FOR SUBSCRIPTION FEES. IN NO EVENT SHALL LICENSOR’S LIABILITY TO YOU FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SKYCADDIE MEMBERSHIP PLAN SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SKYCADDIE® MEMBERSHIP PLAN SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Please be advised that golf is an inherently dangerous activity, and use of the SkyCaddie® and SkyCaddie® Membership Plan Software on a golf course is at your own risk.

8) EXPORT CONTROL - You may not use or otherwise export or re-export the SkyCaddie® Membership Plan Software except as authorized by United States law and the laws of the jurisdiction(s) in which the SkyCaddie® Membership Plan Software was obtained. In particular, but without limitation, the SkyCaddie® Membership Plan Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SkyCaddie® Membership Plan Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SkyCaddie® Membership Plan Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

9) U.S. GOVERNMENT RESTRICTED RIGHTS - The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subdivision (c) (1) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/Manufacturer is SkyHawke Technologies, LLC, 274 Commerce Park Drive - Suite M, Ridgeland, MS 39157.

10) NO RESPONSIBILITY FOR GPS SYSTEM – Use of the SkyCaddie® Membership Plan Software and any SkyCaddie® device is dependent on the global positioning system. The global positioning system is a free service operated and maintained by the United States Government, which is solely responsible for its accuracy and maintenance. Licensor shall have no liability or responsibility for any failure in, or any limitations of, the global positioning system.

11) SPECIAL NOTICE REGARDING CERTAIN SKYCOURSES CONTAINED IN THE SKYCOURSE DATABASE - Pebble Beach®, Pebble Beach Golf Links®, Spyglass Hill® Golf Course, The Links at Spanish Bay™, Del Monte™ Golf Course, Peter Hay™ Golf Course, and their individual holes, course designs and respective underlying distinctive images are trademarks, service marks, and trade dress of Pebble Beach Company. Used under license.

12) OWNERSHIP OF UPLOADED DATA – You agree, for and in consideration of Licensor offering to you the Membership Plans in accordance with the terms of this License Agreement, that any data uploaded by you to Licensor or to any website maintained by Licensor shall be and become the property solely of Licensor, and you hereby assign, convey and transfer to Licensor all of your right, title and interest in and to such data, including, without limitation, any copyright or other intellectual property rights you may have in such data.

13) CHOICE OF LAW - This License Agreement is governed by the laws of the State of Mississippi, without regard to the principles of conflict of laws. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue in full force and effect.

14) COMPLETE AGREEMENT - This License Agreement, together with the End User License Agreement you entered in connection with the purchase or registration of your SkyCaddie®, constitutes the entire agreement between the parties with respect to the use of the SkyCaddie® Membership Plan Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License Agreement will be binding unless in writing and signed by Licensor. Any translation of this License Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

15) BETA TEST FEATURES - One or more features of the SkyCaddie® Membership Plan Software may be in beta test mode (the “beta features”). The beta features are generally identified in the process to register either your SkyCaddie® or your SkyCaddie® Membership Plan, and the beta features identified therein may be changed from time to time. The use and continuation of these beta features are subject to these Terms and Conditions. As a beta tester, you are invited to use the beta features. The beta features are provided “AS IS” and “AS AVAILABLE,” and Licensor makes no warranty of any kind, express or implied, with respect to the beta features. By using the beta features, you agree that (i) use of the beta features is at your own risk and for the purpose of evaluating the features and identifying errors, (ii) the beta features may include known and unknown bugs and (iii) Licensor may discontinue or modify the beta features at any time and from time to time. Licensor makes no guarantee that the beta features will ever be released from beta testing as a full feature for use with the SkyCaddie® device. The beta features may initially be provided free of charge. Licensor may, at any time, discontinue any such free use and may, at any time and from time to time, make access to or use of the beta features (and the features upon full release) subject to payment of additional fees or costs.

Revised 06/04/2010