This Agreement is a subscription contract for services setting forth the terms and conditions of the license to use SIDELINE SCOUT SOFTWARE, SIDELINE LIVE and/or POOLSIDE LIVEas defined below and in the attached quote provided. It is understood that this Agreement shall have been executed by a person having the legal capacity to bind the firm and its partners, associates, shareholders or members. This Agreement is terminable by either Party pursuant to the terms contained herein and, unless otherwise terminated consistent herewith, shall automatically renew from year to year.
SOFTWARE: The term “Software” shall mean SIDELINE SCOUT SOFTWARE, SIDELINE LIVEor POOLSIDE LIVE SOFTWARE or any or all thereof, as applicable, and any other computer software or electronic files provided by GameDay Edge to Licensee under the terms of this Agreement.
LICENSEE: The term “Licensee” shall mean the individual customer or organization to whom is granted the License(s) under the terms of this Agreement.
CONTACT PERSON: The term “Contact Person” shall mean the person designated by the Licensee, if another, to receive all notices or other information regarding or affecting the License(s) or the Software. Licensee agrees to provide to GameDay Edge with the name, address, telephone number and email address of said Contact Person and any changes thereto.
PAYMENT TERMS AND TERMINATION: This Yearly subscription contract for services is payable by means of a Yearly Subscription Fee, which fee shall be chargeable and accrue on or about the same business day of each year until termination of this Agreement by GameDay Edge or until Licensee notifies GameDay Edge of, and GameDay Edge receives, notice of termination by Licensee in writing. Payment of YearlySubscription Fees shall be made automatically by means of a charge by GameDay Edge against Licensee’s bank debit or credit card account, and Licensee agrees to keep said account current and in good standing such that charges against
ADDITIONAL SERVICES: Game Day Edge offers standard customer support relative to the Software at no additional charge to current subscribers. GameDay Edge reserves the right to change, add or remove items from the list of Additional Services, whether free or charg
LIMITED WARRANTY: THIS SOFTWARE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GameDay EdgeDISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK RELATED TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS ON THE LICENSEE. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. In the event GameDay Edge fails to remedy material defects in the Software, Licensee’s exclusive remedy shall be, at GameDay Edge’s option, either (a) to receive a refund not to exceed the license fee paid hereunder for the current term of the Agreement, or (b) to correct the Software at GameDay Edge’s sole expense.Elite Support package clients will receive hardware support and/or placement of SideLine Scout System as deemed necessary by GameDay Edge while Licensee Elite Support is current.NO LIABILITY FOR DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GameDay EdgeBE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF GameDay EdgeHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
GENERAL: In the