Driver-Updates.net

End-User License Agreement

Please read this important agreement carefully!

This End-User License Agreement also called an “Agreement" is a legally binding contract between you and the licensor for various products listed on the Driver-Updates.net website. “You” is defined as either an individual user or a business organization. “Licensor” can mean either Driver-Updates.net or the associated vendor for the Software provided. This agreement includes any associated media, electronic documentation, and printed materials collectively referred to as the “Software.”

When we provide products or Software to you, the software is licensed by the relevant licensor or vendor. The use of the Software will be governed by the End-User License Agreement or other licensing terms included with the Software.

When you click on the “I ACCEPT” button, open the package containing the Software, or copy, download, access, or otherwise use the Software, you are agreeing to be bound by the terms of this Agreement. By doing any of the above, you also represent that you have authorization to enter into this Agreement on behalf of your organization (if applicable).

If you do not agree to these terms or otherwise do not wish to be bound by this Agreement, click the “I DO NOT ACCEPT” button. Further, if you do not accept this agreement, do not install, access, or use the Software.

Evaluation Software

If you have downloaded an evaluation copy of the Software, regardless of how the software is labeled, the use of the Software is restricted. Evaluation usage is limited to a specified time period. All use of the evaluation Software is governed by the following terms:

· Grant of License. You have been granted a limited-use license by the Licensor. You have been granted a personal, limited, internal use, non-exclusive, non-transferable license to use the Software for evaluation purposes only. This license shall be used only for evaluating the Software’s suitability for your internal requirements – and only during the Evaluation Period. You may not use the Software under this evaluation license for any other purposes including for creating publicly distributed computer software or for any commercial purpose. The Licensor may terminate this agreement at any time upon notice to you. In addition, this license will automatically terminate, without notice, upon the completion of your evaluation of the Software or when the Evaluation Period expires, whichever comes first.

· Limited Use Software. This Software is limited-use software. Some portions of the full-use version are not made available under this license. Technological protections may be in place to restrict full use of the Software.

· Disclaimer of Warranty: The evaluation version of the Software is provided solely for evaluation purposes. This software is licensed on an “as is” basis. Further, licensor expressly disclaims all warranties, including fitness for a particular purpose, non-infringement, and the implied warranties of merchantability.

· In addition, Limitation of Liability is as follows: Licensor be not be held liable for any damages, including lost data or profits or any other type of damage whether incidental or consequential, that arise out of the use of the Software or the inability to use the Software or any data supplied therewith - even if the licensor has been advised that there is a possibility for such damages, or for any claim by any other party. Under no circumstances will the Licensor’s liability for damages exceed fifty US dollars.

SOFTWARE LICENSE

· Grant of License. Once the fees shown on the invoice have been collected and the Agreement has been accepted, the Licensor grants you a personal, limited, non-exclusive license to install the Software and use the Software according to the following terms: You may install and use the Software for a period of one year on ten computers for your internal purposes only. More licenses may be purchased. Depending on how many additional licenses have been purchased will dictate how many computers you may use the Software on. Refer to the payment schedule for details.

You may make one back up copy of the Software. The one year period begins on the date of purchase of the Software. This back up copy must contain all copyright and similar rights notices. The Licensor retains all rights, title, and interest in the Software including in all copies of the Software.

· Restrictions on the Use of Software. The following restrictions are in place:

o You cannot make the Software available to others in any service bureau or similar arrangement

o You cannot distribute, transfer, sublicense, or loan the Software to any third party

o You cannot disassemble or reverse engineer the Software.

o You cannot copy or modify the Software with the exception of one back up copy.

· Limited Warranty and Disclaimer of Warranty. The Licensor warrants that it has the authority to grant the rights contained within this Agreement and that the warranties above are in lieu of all other warranties, expressed or implied. The warranties above are exclusive. The Licensor also expressly disclaims any warranties of merchantability, non-infringement, and fitness for a particular purpose. In addition:

o The Licensor does NOT warrant that the Software will achieve specific results

o The Licensor does NOT warrant that the Software will operate without interruption

o The Licensor does NOT warrant that the Software will be error free

· Ownership. All rights, title, and interest in the Software along with any ideas, expertise, and additional programs developed by Licensor while providing technical services such as enhancing or modifying the Software, shall at all times remain the property of Licensor or its licensor. This Agreement does not transfer any rights of ownership in the Software to you. You acknowledge and agree to the terms of this agreement as well as to the fact that the Software is licensed, not sold.

You may not remove, edit, modify, or alter in any way any of Licensor’s trademark, copyright, or proprietary rights notices from any portion of the Software. This includes, but is not limited to, notices contained in:

o Physical and/or electronic media or documentation

o Setup Wizard dialogue boxes

o “About” boxes

o Runtime resources

o Web-presence or web-enabled notices

o Code or other embodiments originally contained in or otherwise created by the Software

o Archival or back-up copies

· Transfer of Software. Under no circumstances including operation of law or otherwise shall you transfer any license rights or other interests in the Software. You may not transfer any license rights or other interests in the Software unless the following conditions are met:

o You must permanently and wholly transfer all your rights under this Agreement

o You eliminate all copies including whole or partial

o You permanently and wholly transfer all of the Software. This includes any component parts, upgrades, media, prior versions, printed materials, and authenticity certificates

o The transferee must agree to abide by all the terms and conditions of this Agreement.

· Limitation of Remedy and Liability. In the event of any breach of warranty as described above, during the Warranty Period, the Licensor’s and any of its suppliers, entire liability is limited to, and granted at the Licensor’s option, to repair or replace the defective Software. This is your exclusive and only remedy.

Further, neither the Licensor nor its Licensor, if any, will be held liable for damages to systems or data whether indirect, special, incidental, or consequential – even if the Licensor is aware of the possibility for such damages. The Licensor’s liability for damages hereunder, under no circumstances, shall exceed the amount of license fees that you have paid.

· Maintenance Services. If you have ordered maintenance services and have paid the appropriate fees, you are entitled to receive technical support services, including enhancements, corrections, and fixes to the Software from the Licensor in accordance with Licensor’s then-current maintenance terms that apply to the maintenance level that you have purchased. Maintenance services do not include new releases of the Software that have been determined to be a separate product or for which the Licensor charges additional or separate fees to its customers.

· Upgrades and Subscription. If the license that you have purchased is a license that has been identified as either an “upgrade” or “subscription”, then you must first have a valid license for the previous version of the Software for which the upgrade/subscription applies.

· Termination. The Licensor may terminate your license if:

o You fail to make payment

o You fail to comply with this Agreement’s terms within ten days after receipt of written notice of such failure

If your license has been terminated, you must stop using the Software, destroy all copies of the Software including copies in storage media, and certify the destruction of all copies to the Licensor. This destruction requirement applies to all copies of the Software in any form, partial or complete. You relinquish all rights granted under this Agreement, upon the effective date of any termination.

· Relationship of Parties. The Licensor and you are independent parties. There is nothing in this Agreement that shall be construed as making you an agent, employee, or legal representative of the Licensor.

· No Third-Party Beneficiaries. This Agreement does not contain any third-party beneficiaries.

· Controlling Law. This Agreement will be governed by the laws of the United States of America, excluding conflicts of law.

· Payment Terms and Shipments. All fees for any or our products or services are in US Dollars.

· Taxes. None of the fees include taxes. If the Licensor is required to pay any sales, use, VAT, GST, or other taxes in relation to your order, other than the taxes based on the Licensor’s income, such taxes are your responsibility. These taxes will be billed to you and paid by you.

· Entire Agreement. This Agreement comprises the entire and complete understanding and agreement to all of the terms, conditions and representations made between you and the Licensor regarding the Software. This agreement may be modified only in writing by both parties. If you add terms or conditions in your purchase order, they will not be accepted unless the Licensor expressly accepts them in writing. Failure to prosecute a party’s rights does not constitute a waiver of any other breach.

If any portion of this Agreement is later found to be invalid, the Agreement will be enforced to the extent permissible. The rest of the Agreement will remain in full effect.

This Agreement has been written in the English language. You hereby waive any rights that you may have under the law of your country, state, or province to have this Agreement written in any other language.