End User License Agreement (EULA)
This End User License Agreement ("EULA") is a legal agreement between you (the "End User" or "you") and StakeMarker, LLC ("StakeMarker," "we," "us," or "our"), the owner and provider of the StakeMarker mobile application (the "App").
Please read this EULA carefully before downloading, installing, or using the App. By downloading, installing, accessing, or using the App, you agree to be bound by the terms of this EULA. If you do not agree, do not download, install, or use the App.
1. Acknowledgement
You acknowledge that this EULA is entered into between you and StakeMarker only, and not with Apple Inc. or Google LLC (or their subsidiaries). StakeMarker, not Apple or Google, is solely responsible for the App and its content. This EULA does not conflict with the applicable App Store terms.
2. License Grant
Subject to your compliance with this EULA, StakeMarker grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device you own or control, solely for your personal, non-commercial use in accordance with this EULA and any applicable App Store rules.
The App is licensed, not sold. StakeMarker retains all rights not expressly granted.
3. License Restrictions
You agree not to, and will not permit others to:
- Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the App (except to the extent permitted by applicable law).
- Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or any rights under this EULA.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices.
- Use the App for any illegal purpose, to violate any laws, or to infringe the rights of others.
- Use the App in any manner that could interfere with its operation or other users.
- Attempt to gain unauthorized access to any part of the App or related systems.
4. Ownership and Intellectual Property
The App and all related intellectual property rights (including but not limited to copyrights, trademarks, and trade secrets) are owned by StakeMarker or its licensors. This EULA does not transfer any ownership rights to you. "StakeMarker" and associated logos are trademarks of StakeMarker, LLC.
5. User Content and Data
If the App allows you to input, store, or share golf scores or other data ("User Content"), you retain ownership of your User Content. By submitting it, you grant StakeMarker a worldwide, royalty-free license to use, store, and process it solely to provide and improve the App. You are responsible for your User Content.
6. Updates and Maintenance
StakeMarker may provide updates to the App. You agree to install them when prompted. We are not obligated to provide any specific maintenance, support, or updates, except as required by law or App Store rules. Apple has no obligation to provide maintenance or support.
7. Warranty Disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT SCORING OR OTHER FEATURES WILL BE ACCURATE. Use of the App is at your own risk.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAKEMARKER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APP (IF ANY) IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow certain exclusions, so these limitations may not apply to you.
9. Termination
This EULA is effective until terminated. You may terminate it at any time by uninstalling the App. We may terminate or suspend your license at any time, with or without notice, if you breach this EULA. Upon termination, you must cease all use and uninstall the App.
10. Governing Law and Dispute Resolution
This EULA shall be governed by the laws of the State of Washington, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Spokane County, Washington. You agree to submit to the personal jurisdiction of such courts.
11. Changes to this EULA
We may update this EULA from time to time. We will notify you of material changes (e.g., via the App or email). Your continued use of the App after changes constitutes acceptance of the updated EULA.
12. Privacy
Your privacy is important to us. Please review our separate Privacy Policy, which is incorporated by reference.
13. Contact Information
If you have any questions about this EULA, please contact us at:
StakeMarker, LLC
Email: support@stakemarker.com
14. Miscellaneous
If any provision is held invalid, the remainder remains in effect. This EULA constitutes the entire agreement. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce its terms.
By using the App, you acknowledge that you have read, understood, and agree to be bound by this EULA.