LICENSE AGREEMENT FOR GREEiN GREEN READER APPLICATION

The following License Agreement (“Agreement”) applies to the application GREEiN (the “Application” or the “Service”) provided by Technocraft, Inc. and its subsidiaries (“Technocraft” or “We” or “Us”) and sets forth the terms and conditions agreed upon between Technocraft and the User of GREEiN and all associated services (the “User” or “You” or “Your”).
Use of the Application is permitted only under the condition of your agreement to and acceptance of the Agreement, expressed by electronically clicking the “I Accept” box, or by actually using the Application.

IMPORTANT_ PLEASE CAREFULLY READ THIS AGREEMENT BEFORE USING THE APPLICATION. BY USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE APPLICATION.

  • 1. TERMS OF LICENSE:
    The following Agreement applies to the Application and all associated services provided by Technocraft.
    You agree to be fully responsible for your own conduct and content while using the Application and for any consequences thereof. This Agreement provides You with an individual and exclusive license to use the Application, and that license is non-transferable and non-subliscensable, and may not be leased, rented, or in any other way transferred to any third party.

  • 2. ALTERATIONS IN THE AGREEMENT
    Technocraft reserves the right to alter the terms and conditions of this Agreement without the consent of the user at any time.
    Any alteration made to this Agreement will take effect from the time it is made available for viewing to the user on the appropriate place within the website for the Application (the “Site”).
    If the user continues to use the Application after the alteration in the Agreement takes effect, it will be determined that the user has agreed to and accepted the new terms and conditions set forth therein.

  • 3. PROTECTION OF PRIVACY
    You consent that information that you provide or that we collect about you through your access to and use of this Site and Service will be handled in accordance with the terms of our Privacy Policy.
    Technocraft retains the undisputed right to use or make public non-identifying information provided by the User (including but not limited to photographic grain data, slope data, and corresponding location data) for the purpose of upgrading the Application, maintaining golf course databanks, and for other purposes determined at our sole discretion.
    We may transfer the information we have collected from you in the event we sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our assets, including any or all of the information described in our Privacy Policy, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.

  • 4. ADVERTISEMENTS
    Technocraft retains the right to display advertisements, including advertisements by a third-party, within the Site or the Application.

  • 5. SERVICE ALTERATION AND TERMINATION
    Technocraft reserves the right to update, modify and/or discontinue the Service for the following reasons or for other reasons as determined at our sole discretion:
    1. (1)Technocraft may cancel the transmission of all or a portion of the data used within the Application or the Service without any prior notification for reasons including but not limited to technical problems beyond our control such as service cancellation by the electric transmission service provider, natural disasters, accidents, inevitable causes, and construction and repair (routine and emergency) or the removal of obstructions as deemed necessary to provide transmission service; and also in the case that we determine that cancelling transmissions is necessary for technical or functional reasons.
      Technocraft is not responsible in any way for any losses or damages, including but not limited to loss of data or loss of profit, or for any inconvenience the user incurs on account of such a transmission cancellation or sudden and unannounced service cancellation, even if such an accident or situation is foreseeable or we have been advised of the possibility thereof.
    2. (2)If you fail to comply with any of the terms and conditions of this Agreement, Technocraft may immediately terminate your use of the Service. Furthermore, Technocraft has the right to request compensation for any losses or damages concurred due to a violation of this Agreement.
      Should Technocraft determine that the User is using the Application in violation of the Agreement, we will make steps to rectify the situation, including but not limited to termination of the Service. However, Technocraft is not responsible for correcting a violation of the Agreement made by the User.
    3. (3)Technocraft may at any time and at our sole discretion without prior notice modify or terminate all or any portion of the Service. (Including but not limited to design, visual expressions, parameters, rules, and specifications.)

  • 6. INTELLECTUAL PROPERTY:
    You acknowledge that all right, title and interest, including without limitation all intellectual property rights and patents, publicity rights, and privacy rights in and to the Application, are owned by Technocraft or the relevant third party. You shall not acquire any right, title or interest in or to the Application, except the limited and non-transferrable license expressly set forth in this Agreement.
    Any infringement upon the above mentioned rights including without limitation property, intellectual, privacy and publicity rights is strictly forbidden.
    You assume all responsibility for any breach of the limitations in this section and are solely responsible for supplying any compensation (financial or otherwise) resulting thereof, without causing any damage or loss to Technocraft. In the case that such breach does cause damage or loss to Technocraft, you will be required to compensate Us in full for all losses.
    You agree not to (i) post, copy, reproduce, forward, extract, alter, modify, or in any way make available for secondary use the Application, any portion thereof or any accompanying documentation except as explicitly permitted by Technocraft within the application; (ii) sublicense, lease, sell, distribute, publicly release, or otherwise transfer or disclose the Application to any third party; (iii) reverse engineer, decompile, disassemble, modify or create derivative works of the Application, or (iv) cause, assist or permit any third party to do any of the foregoing.

  • 7. LICENSE RESTRICTIONS:
    Use of the Application in the following situations or in any way that could potentially lead to the following situations is strictly forbidden:
    1. (1)You may not use the Application in any way that causes loss, injury, or damage to other users, to Technocraft, or to any other third party.
    2. (2)You may not use the Application in any way that infringes on public order.
    3. (3)You may not use the Application in any way that is illegal, or that promotes illegal activity in any way.
    4. (4)You may not use the Application for business or the pursuit of profit beyond a personal level.
    5. (5)You may not use the Application in any way that threatens to interfere with the ability of Technocraft to provide services related to the Application in any way.
    6. (6)You may not use the Application in any way that damages the credibility or prestige of the product and/or Technocraft.
    7. (7)You may not use the Application in any way other than that specifically approved by Technocraft.
    8. (8)You may not lease, rent, transfer, distribute or otherwise transfer or disclose the Application.
    9. (9)You may not use the Application in any way that benefits any anti-social organization.
    10. (10)You may not use the Application in opposition to any ban or restriction concerning the use of this and/or similar applications for assisting play on the golf course put in place by a golf course, golfing organinzations (included but not limited to the PGA and JGA), golf tournament hosts or any other relevant parties.
    11. (11)You may not use the Application in any way that directly or indirectly assists or permits any of the above violations.
    12. (12)You may not use the Application in any way that Technocraft determines to be in violation of this Agreement.

  • 8. DISCLAIMER OF WARRANTY:
    THE APPLICATION AND ALL ASSOCIATED SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF ACCURACY, SAFETY, OR EFFICACY.
    THIS AGREEMENT PROVIDES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, EFFICACY, OR ANY GUARANTEE THAT YOUR USE OF THE SERVICE OR THE APPLICATION IS NOT IN CONTRADICTION WITH ANY APPLICABLE LAWS OR INTERNAL RULES OF ANY CORPORATION OR ORGANIZATION.
    TECHNOCRAFT PROVIDES NO GUARANTEE THAT THE APPLICATION OR ANY RELATED SERVICES ARE PROVIDED AT A CONSTANT LEVEL OF QUALITY OR WITHOUT DANGER OF DISCONTINUATION.
    TECHNOCRAFT MAKES NO WARRANTY AGAINST MALFUNCTION OF ANY KIND. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APPLICATION, AND TECHNOCRAFT DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, DAMAGE, OR INCONVENIENCE EXPERIENCED BY THE USER INCLUDING BUT NOT LIMITED TO THE FOLLOWING CIRCUMSTANCES: (I) ANY ERROR OR FUNCTIONAL FAILURE OCCURRING DUE TO VERSION UPDATES OF THE APPLICATION OR THE RELEVANT OPERATING SYSTEM, (II) ANY DAMAGE OR MALFUNCTIONS CONCURRED TO THE USER’S ELECTRONIC DEVICE WHEN USING THE APPLICATION, (III) ANY ERRORS OR INTERRUPTIONS OCCURRING WHEN USING THE APPLICATION.

  • 9. DISCLAIMER OF LIABILITY
    TECHNOCRAFT DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, OR DAMAGE TO YOU OR ANY THIRD PARTY RESULTING FROM THE USE OF THE APPLICATION AND/OR ASSOCIATED CONTENT.
    1. (1)TECHNOCRAFT DISCLAIMS RESPONSIBILITY FOR ALL LOSSES AND DAMAGES TO ELECTRONIC DEVICES, THE USER, OR THE RELEVANT LOCAL SERVICE PROVIDER RESULTING FROM USE OF THE SERVICE, OR FROM MODIFICATION, TERMINATION, DISCONTINUATION, CANCELLATION, OR NON-FUNCTIONABILITY WITH REGARDS TO PROVIDING THE SERVICE.
    2. (2)TECHNOCRAFT TAKES NO PART IN ANY TRANSACTIONS, LITIGATIONS, COMMUNICATIONS, AND ANY OTHER INTERACTIONS BETWEEN THE YOU AND ANY THIRD PARTY, AND WE EXPLICITLY DISCLAIM ALL RESPONSIBILITY FOR ANY CLAIM, SUIT, OR ACTION OF ANY KIND ARISING AS A RESULT OF SUCH INTERACTIONS.
    3. (3)TECHNOCRAFT EXPLICITLY DISCLAIMS ALL RESPONSIBILITY FOR ANY TROUBLE OR DISAGREEMENT CONCERNING DELAYS IN GOLF PLAY ARISING BETWEEN YOU AND ANY OTHER THIRD PARTY, INCLUDING OTHER GOLF PLAYERS AND GOLF COURSES, WHEN USING THE APPLICATION OR THE SERVICE.
    4. (4)THE USER ACKNOWLEDGES AND ACCEPTS THAT THE SERVICE IS PROVIDED WITH NO GUARANTEE WITH REGARDS TO THE ACCURACY OR EFFICACY OF ANALYTIC RESULTS.
      ANALYTIC RESULTS FOR A CERTAIN GREEN MAY VARY FROM TIME TO TIME DUE TO VARIOUS EXTERNAL FACTORS INCLUDING BUT NOT LIMITED TO POINT OF ANALYSIS, WEATHER, DEGREE AND ANGLE OF SUNLIGHT, AND OTHER FACTORS. (IN PARTICULAR, RESULTS PRODUCED AT THE BOUNDARY OF EVALUATION ARE PRONE TO BE UNRELIABLE.) TECHNOCRAFT GIVES NO GUARANTEE OF EFFICACY OR ACCURACY AND IS NOT RESPONSIBLE IN ANY WAY EVEN IF YOU OR ANY THIRD PARTY SHOULD CONCUR LOSSES OR DAMAGES AS A RESULT OF AFOREMENTIONED UNSTABLE ANALYTIC RESULTS.
    5. (5)YOU DOWNLOAD, INSTALL, AND USE THE APPLICATION ACCORDING TO YOUR OWN FREE WILL. ALL LIABILITY AND EXPENSE ARISING FROM ANY CLAIM OR LITIGATION RELATED TO YOUR USE OF THE APPLICATION SHALL BE THE SOLE RESPONSIBILITY OF THE USER. IN SUCH A CASE, TECHNOCRAFT IS NOT RESPONSIBLE IN ANY WAY.
    6. (6)TECHNOCRAFT IS IN NO WAY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK AND/OR ANY OTHER ELECTRONIC DEVICE CONCURRED BY A VIRUS OR ANY OTHER ITEMS OF DESTRUCTIVE NATURE WHEN DOWNLOADING OR INSTALLING THE APPLICATION.
    7. (7)ANY LINK OR ICON RELATED TO THE APPLICATION FOUND ON THE WEB IS PROVIDED BY THE MANAGER OF THE WEBPAGE AND YOU ARE ADVISED TO USE SUCH LINKS AND ICONS AT YOUR OWN DISCRETION AND RISK. IN THE CASE THAT YOUR ACTIVITIES ON ANY SUCH WEBPAGE SHOULD LEAD TO ANY KIND OF CLAIM OR DISPUTE, TECHNOCRAFT IS NOT RESPONSIBLE IN ANY WAY.
    8. (8)ANY LOSS OR DAMAGE TO YOUR ELECTRONIC DEVICE CONCURRED WHEN USING THE APPLICATION, FOR WHATEVER REASON, ARE YOUR RESPONSIBILITY. TECHNOCRAFT IS IN NO WAY RESPONSIBLE FOR SUCH LOSSES.
    9. (9)WE WILL CAREFULLY MONITOR, CREATE, AND UPDATE eTHE APPLICATION, BUT IN NO EVENT SHALL TECHNOCRAFT HAVE ANY LIABILITY FOR YOUR CONDUCT WHEN USING THE APPLICATION, OR FOR ANY LOSSES OR DAMAGES (ACTUAL AND CONSEQUENTIAL) RESULTING FROM USE OF THE APPLICATION.
    10. (10)TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TECHNOCRAFT BE LIABLE TO YOU WITH RESPECT TO DIRECT DAMAGES ATTRIBUTABLE TO TECHNOCRAFT IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE SERVICE. IN NO EVENT SHALL TECHNOCRAFT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR FORESEEABLE DAMAGES AND/OR LOST PROFITS.

  • 10. PAYMENT AND NON-REFUNDABILITY
    The Application is provided for the determined fee as displayed on the Site and is collected in the method determined by Technocraft.
    Technocraft is exempt from refunding payments already made in any and all circumstances.
    It is the responsibility of the User to supply any electronic devices, transmission equipment, operating systems, and means of transmission, electricity, and any other factors necessary for using the Application.
    You are responsible for paying any fees or charges resulting from the use of the application, including but not limited to packet fees (correspondence fees). Technocraft disclaims any liability for any fees arising from use of the Application, other than the determined payment fee.

  • 11. SEVERABILITY
    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the Agreement and the other provisions shall remain in full force and effect.

  • 12. CORRESPONDENCE
    Correspondence related to the Application and the Service will be made through the Application itself, by posting to a designated area of the Site, or by any other means determined appropriate by Technocraft. The User may contact Us regarding the Application or the Service by using the designated form provided on the Site or in the Application, or by other means provided by Us.

  • 13. APPLICABLE LAW AND CONSENT TO JURISDICTION
    THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF JAPAN. IN THE EVENT THAT A DISPUTE SHOULD ARISE BETWEEN TECHNOCRAFT AND THE USER, WE MUTUALLY AGREE TO MAKE OUR BEST EFFORT TO RESOLVE THE DISPUTE THROUGH NEGOTIATIONS. ANY DISPUTE REGARDING OR RELATING TO THE APPLICATION OR THE SERVICE THAT CANNOT BE RESOLVED THROUGH NEGOTIATIONS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE NIIGATA DISTRICT COURT, JAPAN. YOU IRREVOCABLY CONSENT TO THE JURISDICTION AND VENUE OF SUCH COURTS.

Effective from March 1, 2016