END USER LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By using this software, you are agreeing to be bound by all terms of this License. If you do not agree to the terms of this License, do not continue with the installation.
GRANT OF LICENSE
1. GRANT OF LICENSE. Upon the valid purchase of a license to the INFINITEE GOLF GAME (SOFTWARE), INFINITEE GOLF grants to you a perpetual, non-exclusive, non-transferable right to use the SOFTWARE on any SINGLE computer or group of computers within a SINGLE household to a maximum of FIVE (5) computers. This license does NOT grant you the right to use the SOFTWARE on multiple computers in a business. This license to use the SOFTWARE is conditioned upon your compliance with the terms of this Agreement. You agree you will only copy the SOFTWARE into any machine-readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of your use of the SOFTWARE. This license is effective until terminated. You may terminate it at any point by destroying the SOFTWARE together with all copies of the SOFTWARE. Also, INFINITEE GOLF has the option to terminate this Agreement if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the SOFTWARE together with all copies of the SOFTWARE.
2. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of INFINITEE GOLF, and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
3. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
4. ACCOMPANYING MATERIALS. You agree that you will not copy, distribute, or use in any way other than in the normal use of the SOFTWARE any image and/or sound clip either included with or generated by INFINITEE GOLF.
5. LIMITED WARRANTY. INFINITEE GOLF warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of purchase. Any implied warranties relating to the SOFTWARE are limited to thirty (30) days.
6. CUSTOMER REMEDIES. If the SOFTWARE does not conform to the limited warranty in Section 5 above ("Limited Warranty"), INFINITEE GOLF's entire liability and your sole remedy shall be, at INFINITEE GOLF's option, either to (a) correct the error or (b) help you work around or avoid the error. The Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original Limited Warranty period.
NO OTHER WARRANTIES
7. NO OTHER WARRANTIES. INFINITEE GOLF DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 5 ("LIMITED WARRANTY"), INFINITEE GOLF DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL INFINITEE GOLF OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF INFINITEE GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INFINITEE GOLF'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU TO INFINITEE GOLF.
TAXES, DUTIES, AND OTHER FEES
10. TAXES, DUTIES, AND OTHER FEES. User agrees to be responsible for any taxes, duties, or other applicable fees derived from the purchasing of the SOFTWARE. Duties, fees, import taxes, etc. vary by country or state. The user should investigate whether they are liable for any applicable taxes. INFINITEE GOLF will collect sales tax for the State of Utah only unless existing laws change.
11. ENTIRE AGREEMENT. This is the entire agreement between you and INFINITEE GOLF which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.