End-User License Agreement
Big Game Sport Inc (“Big Game”)’s application, Big Game Golf, (‘BGG”) is licensed, not sold to you for use only under the terms of this License. Big Game is the “licensor” and reserves all rights not expressly granted to you. The golf networking and gaming application, (BGG), that is subject to this License, is referred to herein as the “Licensed Application.”
If you are under the age of majority in your state (typically 18 years of age), you must ask your parent or legal guardian to review and accept this license on your behalf and perform the download for you. If you are under 18 years of age, you must not download or use this application without your parent or legal guardian’s consent and agreement to this License.
Scope of License.
This License is limited to a non-transferable license to use the Licensed Application on mobile devices or personal computers that you own or control. You may not rent, lease, lend, sell, redistribute or sub-license the Licensed Application. You may not copy (except as expressly permitted by this License and the Usage Rules), reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Licensor. The terms of the License will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Use of the Licensed Application may require the texting of data and information to which texting fees by your provider may apply.
Use of Data.
Use of the Licensed Application requires the creation of a user-profile, which from time-to-time, may ask for name, address, e-mail, phone, and other personally identifiable information. Use of the Licensed Application will further result in the generation of (a) certain user-generated content, and (b) technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals (collectively with personally identifiable information, the “Application Data”). You agree that Licensor may collect and use Application Data to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application.
Termination and Amendments.
The License is effective until terminated by you or Licensor. Your rights under this License will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. From time-to-time, Licensor may amend the terms of this Agreement. Licensor will provide you written notice of the amendment(s). If you do not accept the amendment, this License shall automatically terminate and you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. If, within thirty (30) days of the Licensor’s notice to you of the amendment, you continue to use the Licensed Application, your continued use will be deemed acceptance of the amendment.
Third Party Materials.
The Licensed Application may enable access to Licensor’s and third party content, services and web sites (collectively and individually, “Services”).
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, otherwise post obscene or objectionable content, or content containing nudity and/or pornography, and that the Licensor is not in any way responsible for any such use by you, not for any harassing, threatening, objectionable, obscene, pornographic, defamatory, offensive or illegal message or transmissions that you may receive as a result of using any of the Services. You acknowledge that your breach of this section may result in immediate termination of your account and/or being blocked from the Licensed Application.
Licensor makes no representation that the Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Licensor provides no warranty for the Licensed Application: You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application (“Services”) are provided “As Is” and “As Available”. With all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Licensor does not warrant against interference with your enjoyment of the Licensed Application, that the functions contained in, or services performed or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application or services will be corrected. No oral or written information or advise given by Licensor or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of Liability.
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 of inability to use the Licensed Application, 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. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving person injury) exceed the amount of Fifty Dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of it essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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 Licensed Application, 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 these products for any purposed prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined as 48 C.F.R. – 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as such terms are used in 48 C.F.R. ~12.212 or 48 C.F.R. ~227.7202, as applicable. Consistent with 48 C.F.R. ~12.212 or 48 C.F.R. ~227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Choice of Law.
The laws of the State of Delaware, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.