It is understood and agreed to that the use of this software may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that:
Confidentiality
1. The Confidential Information to be disclosed can be described as and includes:
Client operations data, chemical and fertilizer application data and information, trade
secrets, drawings and/or illustrations, finances and financial projections, vendors, or
future data entered into the system, regardless of whether such information is designated
as "Confidential Information" at the time of its disclosure.
2. Playbooks for Golf shall limit disclosure of Confidential Information within its own organization to its owners and software developers only on a need to know basis. Playbooks for Golf and affiliates will not disclose the confidential information obtained from the discloser unless required to do so by law.
3. This Agreement imposes no obligation upon Playbooks for Golf with respect to any Confidential Information (a) that was in our possession before receipt from Discloser; (b ) is or becomes a matter of public knowledge through no fault of Playbooks for Golf; (c) is rightfully received by Playbooks for Golf from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser.
4. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be changed in this section of the software.
5. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
By purchasing and using this software, client acknowledges that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.
END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Playbooks for Golf ("PFG") that governs your use of any Software Product, installed on or made available by PFG for use with your PFG product. Other software provided by third parties and used with the PFG product may be subject to a separate EULA.
BY PURCHASING THIS PRODUCT OR OTHERWISE TAKING ANY STEP TO INSTALL OR USE THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. YOU ALSO ACCEPT THIS EULA IF YOU KEEP THE PFC PRODUCT FOR 30 DAYS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO NOTIFY PFC TO DELETE YOUR ACCOUNT AND DATA TWITHIN 30 DAYS FOR A FULL REFUND. 1. GRANT OF LICENSE.
PFG grants you the following non-exclusive rights provided you agree to and comply
with all terms and conditions of this EULA:
a.) Use. You may use the Software Product only as integrated with the PFG Product as
explained in your contract.
b.)Reservation of Rights. The Software Product is licensed, not sold, to you by PFG.
PFG and its suppliers own all right, title and interest in and to the Software Product
and reserve all rights not expressly granted to you in this EULA. You agree to refrain
from any action that would diminish such rights or would call them into question.
To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by PFG as eligible for the upgrade.
3. ADDITIONAL SOFTWARE.This EULA applies to updates or supplements to the original Software Product provided by PFG unless PFG provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
4. LIMITATION ON REVERSE ENGINEERING.You may not reverse engineer, decompile, disassemble or create derivative works of the Software Product, except and only to the extent that the right to do so is mandated under applicable law. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this EULA. Unauthorized copying of the Software Product or failure to comply with the above restrictions will result in automatic termination of this Agreement and will constitute immediate, irreparable harm to PFG for which monetary damages would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such breach.
5. TERM.This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.
6. DISCLAIMER OF WARRANTIES.You acknowledge that the PFG Product is stores data you a server, and should not be used as a sole source of storage. The Software Product is offered on an "AS-IS" basis and PFG does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PFG AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PFG OR A PFG AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. IN NO EVENT DOES PFG PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE PFG PRODUCT IS DESIGNED TO BE USED, AND PFG DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
7. LIMITATION OF LIABILITY.Notwithstanding any damages that you might incur, the entire liability of PFG and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the PFG Product or US$700.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PFG OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF PFG OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. SPECIFIC LIABILITY LIMITATION.PFG makes no guarantees or warranties that the information contained in the Software Product is not erroneous. This includes product application intervals through Coverage Charts, rates of application, EPA registration numbers, product labels, product used totals, Total nutrient used totals, and anything else provided in the software not stated herein. PFG actively maintains the data and works to its best abilities to ensure information and data is as accurate as possible, but will not be held legally or financially responsible if erroneous data is provided to you. As the end-user, you agree to use the Software Product as a guide and can not hold PFG liable for any decisions or related ramifications based on data provided to you with this Software Product.
5. CAPACITY AND AUTHORITY TO CONTRACT.You represent that you are of the legal age of majority in your state, province jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
10. APPLICABLE LAW.This EULA is governed by the laws of the State of Connecticut exclusive of conflict of law provisions and you attorney to the jurisdiction of the courts of the State of Connecticut with respect to any proceedings arising from this EULA.
11. ENTIRE AGREEMENT.This EULA (including any addendum or amendment to this EULA which is included with the PFG Product) is the entire agreement between you and PFG relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any PFG policies or programs for support services conflict with the terms of this EULA, the terms of thi s EULA shall control. In the event of a conflict between the English and any non-English versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect.
© 2014 Playbooks for Golf. The information contained herein is subject to change without notice. The only warranties for PFG Products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. PFG shall not be liable for technical or editorial errors or omissions contained herein.