End-User License Agreement For Driver Fixer Pro Software
- Scope of this end-user license agreement
- Scope of usage of license
- Software updates
- Product installation and software counterfieting:
- Product support
- Money back guarantee and refund policy
- Description of other rights and limitations
- Money back guarantee and refund policy
- Export regulation
- Term and termination
- Copyright and reserved rights
- Dmca notice and intellectual property
- Jurisdiction – general terms
- Disclaimer of damages
- Privacy; data protection statement
- Limitation of liability
- Driver fixer pro software services
- Contact us
Driver fixer pro end-user license agreement
Important: please read all of the terms and conditions of this end user license agreement (“eula”) before using driver fixer pro (hereinafter reffred to as “software” or “product”). Driver fixer pro, a product owned and operated by Xportsoft Technologies india and/or its subsidiaries (hereinafter “Xportsoft Technologies”, “driver fixer pro”, “we”, “us”, the “manufacturer” or the “makers”) is pleased to license the driver fixer pro software to you as the individual, company, or other legal entity that will be utilizing the software (referred to below as “user”, “you” or “your”) on the condition that you accept all of the terms of this agreement. This is a legal and enforceable contract between you and driver fixer pro. By clicking on the “agree”, “i accept” or “yes” button or other indicator of your electronic acceptance of this agreement, installing the downloaded software, accessing the software online, or, if applicable, breaking the seal of the tangible media containing the software, you agree to the terms and conditions of this agreement. If you do not agree to these terms and conditions, then do not click the “agree”, “i accept”, or “yes” buttons or other indicator of your electronic acceptance of this agreement, and do not use or access this software or our website at www.driverfixerpro.com. As already stated, if you do not agree to these terms and conditions, click the “cancel” or “no” or “close window” button or otherwise indicate refusal, make no further use of the software, and contact our customer service representatives, using the contact details given later in this license agreement, for information on how to obtain a refund of the amount you paid for your current service period (defined below) at any time during the (30) day period following the date of purchase of an annual subscription.
Scope of this end-user license agreement
This Software and the accompanying documentation are protected by copyright laws. Objects accompanying this EULA strictly include Driver Fixer Pro computer software; and may also include online help, associated media and printed materials. Driver Fixer Pro is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. To use this Software, you must have been granted the necessary rights. This End-User License Agreement regulates the scope of rights granted to you as user of the Software by Driver Fixer Pro or Xportsoft Technologies (hereinafter referred to as “Makers”). Microsoft, Windows, Windows XP, Windows 7, Windows 8, and ‘Microsoft Partner Silver Application Development’ logo are products, logos, registered trademarks or protected names of Microsoft Corporation in the USA and/or in other countries. “Intel Software Partner” logo is registered trademark and protected name of Intel Corporation in the USA and/or in other countries. “IBM Business Partner” logo is registered trademark and protected name of IBM Corporation in the USA and/or in other countries. The makers of Driver Fixer Pro reserve the exclusive right to periodically update this EULA at their discretion, at any time, and without notice to you by way of posting the new EULA or any modifications or related addendum at the following: URL: https://driverfixerpro.com/eula
2. Scope of Usage of License
2.1. Usage rights A. Registered Version You have the simple, non-exclusive right to use the Software for your own purposes for a time period specified in your order: you are entitled to install and use one copy of the Software on one computer, unless you have been provided with a different number of licenses in the sales package/by our sales representatives or retailers/ through special offers/in the authorized e-shop/or in the accompanying documents. If this is the case, you are entitled to install and use one copy of the Software on one computer per license supplied. As a license holder, you must ensure that no unauthorized access can be made to the License Key (or “Product Key”) provided to you to activate the Software. In particular, any publication of the License Key is forbidden. Use of the Software in this End-User License Agreement is considered any long-term or temporary, complete or partial reproduction (copying) of the Software by any act of saving, loading, running or displaying for the purpose of running the Software and processing the data contained in the Software by a computer. You are also permitted to perform the above actions for the purpose of observation and inspection or testing of the Software. Reproduction of the manual is not permitted, unless you are printing a copy of the manual that was only provided in electronic form for personal use only. You are permitted to make a backup copy of the Software and reasonable data backups to the extent that this is necessary to ensure future use of the Software. B. Unregistered Version For unregistered versions, the following terms are changed: You have the simple, non-exclusive right to use the Software for your own purposes with a limited functionality, or with restrictions, only. We may lock any number of features at any time and without any prior notice to you for use by unregistered users. After your purchase of a License Key, and registration or activation of the product, its full functionality will be unlocked and all features will be accessible to you for use. Distribution of Software versions of this product that Driver Fixer Pro has explicitly declared to be an “unregistered version” is allowed, as long as no sale, rental or other paid distribution takes place. A message regarding distribution or publication is requested. The unregistered version may be installed and used on an unlimited number of computers at the same time. As already stated, the purchase of an activation or license keyfor a single installed unregistered version or if the activation key is for a certain number of unregistered versions upgrades the corresponding number of unregistered versions to the full version. The user is, then, permitted to use the Software beyond the authorized restricted mode. For the full version, the provisions listed under A. regarding the scope of use as well as this End-User License Agreement come into effect. C. Volume License You can contact our sales representatives through email to ask for bulk or volume licenses. For volume licenses, wherever the following terms are changed: You have the simple, non-exclusive right to use the Software on the number of computers specified on your order confirmation receipt or purchase invoice. As a license holder, you must take suitable action to ensure that the number of users of the Software on several PCs throughout an organization, network or personal user does not exceed the number of licenses included in the Volume License. If you have provided personal details, financial, organizational, personal, etc. when purchasing the Volume License Software, you assert that these details are accurate and up-to-date to the best of your knowledge and belief.
3. Software Updates
4. Product Installation and Software Counterfieting:
A. In case you reach out to any of our customer support representative for seeking assistance in installing the Software on your computer, if required, we may temporarily disable other products, or features of such products, if such products or features are incompatible with the Software, are obstructing the installation of the Software. By expressing your consent to install the Software, you agree to our terms and permit us do so. In such event, you agree that Driver Fixer Pro will not hold any sort of liability whatsoever if any discrepancy occurs in terms of loss of your paid software, damages or loss of profits or any other loss. B. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Driver Fixer Pro may use these measures to protect itself against software piracy. In case our technological measure figure out the use of any keygen, software patching or cracking done by You to unlock the full functionality of our software, you agree that we may completely block You from accessing our software. Also, in severe scenario, we may file a legal suit in the concerned jurisdiction to seek compensation against our loss of profits or reputation for software counterfeiting, in case we consider that your act has caused any sort of monetary or reputation harm to us. All attempts at fraud will be prosecuted. To know more about this, You may contact our Customer Support Division using the information provided to by Driver Fixer Pro during activation, or as set out below.
5. Product Support
In connection with Your use of the Software You may choose to access certain “Product Support” features that may be offered from within the Software or through our website www.driverfixerpro.com, which may include live chat with a customer support agent and/or assistance from a customer support agent via remote computer access (any such support offered from within the Software or Website and for the purpose of resolving issues related to only the Software shall be referred to in this License Agreement as the “Product Support”). Product Support may include, but is not limited to, queries related to installation, uninstallation, or working of Driver Fixer Pro. Any such Product Support shall be provided in Driver Fixer Pro’s sole discretion without any guarantee or warranty of any kind other than any guarantees applicable under consumer laws in Your jurisdiction, including under Competition and Consumer Laws for Australian Consumers, which cannot be excluded or limited in any way. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Product Support. In the course of providing the Product Support, Driver Fixer Pro may determine that the user issue is beyond the scope of the Product Support Services covered under this EULA or services offered to you as part of your purchase of Driver Fixer Pro. Driver Fixer Pro reserves the right to refuse, suspend or terminate any of the Product Support Service in its sole discretion. The makers may provide you with support services related to Driver Fixer Pro (“Product Support”). Use of the Services is governed by Driver Fixer Pro policies and processes described in the Driver Fixer Pro Online Help and/or other materials provided to you. Any supplemental software code provided to you as part of the Product Support Services shall be considered part of the software and subject to the terms and conditions of this EULA. As a Product Support policy, the makers may use technical information provided by you for business purposes, including for product support and development. The makers will not utilize such technical information in a form that personally identifies you. If required and considered necessary to help you resolve issues that are beyond the scope of Product Support services included in your purchase of Driver Fixer Pro, we may recommend you to purchase, download or install any utility or service either owned and operated by Xportsoft Technologies or by any other third-party service provider. However, in your sole discretion, you may accept or reject any such service recommended or offered to you. PLEASE NOTE: DURING REMOTE ACCESS SESSION, WE DO NOT ACCESS ANY TYPE OF PERSONAL DATA, INFORMATION OR SENSITIVE FILES, SETTINGS OR PROGRAMS INSTALLED OR AVAILABLE ON YOUR COMPUTER. AT THE MAXIMUM STRETCH, OUR CUSTOMER SUPPORT REPRESENTATIVES MAY LEAVE A SMALL TEXT FILE ON YOUR COMPUTER TO HELP YOU KEEP A RECORD OF THE SUPPORT SERVICE PROCESS WE PERFORMED FOR YOU. SUCH FILES ARE HARMLESS AND CAN BE DELETED AT ANY TIME, IF YOU SO DESIRE. 5.1. Policy for use of 24×7 Product Support Driver Fixer Pro offers ’24×7 Product Support’, a built-in feature that will help you resolve your issues and queries related to Driver Fixer Pro as per the clauses and terms set out in section 5 of this document.
6. Money back Guarantee and Refund Policy
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please make no further use of the Software and contact Driver Fixer Pro Customer Service, using the contact details set out in Section 21 of this License Agreement, for details on how to return the Software and obtain a refund of the amount You paid for the current Service Period at any time during the thirty (30) day period following the date of purchase of a subscription. Unless the Software is defective, You will be responsible for the cost of returning the Software to Xportsoft Technologies, including any applicable taxes. If You are a consumer (i.e. You are using the software for personal, non-commercial reasons and You are acting outside Your, or anyone else, business, trade or profession or You are otherwise a consumer under applicable laws in Your jurisdiction (a “Consumer”)), this does not affect any legal rights which You have as a Consumer under applicable laws in Your jurisdiction. If you are an Australian Consumer, this does not affect any legal rights which You have as a Consumer under the Australian Competition and Consumer Act 2010. If You received the Software as a “bundled” product with the purchase of Your PC, or if You fail to notify Driver Fixer Pro Customer Service or the Retailer within the Guarantee Period, You are not entitled to a refund. If you receive the software as part of a combo or bundle, and wish to seek refund for the any of the applications bundled in the package you purchased, your license to use the rest of the applications will also be revoked.
7. Description of other rights and limitations
7.1. Pre-release Software If Driver Fixer Pro or any of its components are marked “Pre-release” or “Beta” the components of the software constituting pre-release code may be changed substantially before commercial release. The makers strongly recommend against using such pre-release software in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. 7.2. Installation and Use You may install and use an unlimited number of copies of Driver Fixer Pro on multiple computers. 7.3.Maintenance of Copyright Notices You must not remove or alter copyright notices you get with a copy of Driver Fixer Pro. 7.4. Distribution You may not distribute copies of Driver Fixer Pro to third parties except under express consent of the makers. 7.5.Prohibition on Reverse Engineering, Decompilation, and Disassembly You may not reverse -engineer, decompile, or disassemble Driver Fixer Pro, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not download Driver Fixer Pro for the intent of reverse engineering, decompiling, or disassembly of the software. 7.6. Rental You may not rent, lease, or lend Driver Fixer Pro. 7.7. Transfer You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. 7.8. Restrictions on Alteration You may not rename, edit or create any derivative works from Driver Fixer Pro.
8. Export Regulation
You acknowledge that the Software and related technical data and services (collectively “Controlled Technology”) may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license, or other governmental approval, is required. In particular, the Software is prohibited for export or re-export (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, accessing or using the Software, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. Use or facilitation of the software in connection with any activity including, but not limited to, the design, development, fabrication, training, or testing of chemical, biological, or nuclear materials, or missiles, drones, or space launch vehicles capable of delivering weapons of mass destruction is prohibited, in accordance with u.s. Law.
9. Term and Termination
9.1. Term The initial term of this Agreement will commence on the date you download, purchase or otherwise acquire the Software, and will continue (i) for the term specified in your order for the Software, or (ii) if you purchased the Software on CD or other physical medium, on the Software package, or (iii) if renewal terms are available, Driver Fixer Pro will provide notice, offers or alerts offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the “Term”. 9.2. Termination Driver Fixer Pro, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement. 9.3. Effect of Termination On the expiration or termination of this Agreement, you will cease using the Software, Driver Fixer Pro may cease making Updates available to you, and the Software may cease functioning. Section 10, 11, 12, 16, 17 and 19 will survive the expiration or termination of this Agreement.
All title, including but not limited to copyrights, in and to Driver Fixer Pro (including but not limited to any images, text, and “applets” incorporated into Driver Fixer Pro, and any copies of the software are owned by the makers or suppliers of Driver Fixer Pros. Driver Fixer Pro software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.
Term The initial term of this Agreement will commence on the date you download, purchase or otherwise acquire the Software, and will continue (i) for the term specified in your order for the Software, or (ii) if you purchased the Software on CD or other physical medium, on the Software package, or (iii) if renewal terms are available, Driver Fixer Pro will provide notice, offers or alerts offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the “Term”. 9.2. Termination Driver Fixer Pro, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement. 9.3. Effect of Termination On the expiration or termination of this Agreement, you will cease using the Software, Driver Fixer Pro may cease making Updates available to you, and the Software may cease functioning. Section 10, 11, 12, 16, 17 and 19 will survive the expiration or termination of this Agreement.
12. COPYRIGHT AND RESERVED RIGHTS:
All title, including but not limited to copyrights, in and to Driver Fixer Pro (including but not limited to any images, logos, graphics, text, and “applets” incorporated into Driver Fixer Pro, and any copies of the software are owned by the makers or suppliers of Driver Fixer Pro. Driver Fixer Pro software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.
13. DMCA NOTICE AND INTELLECTUAL PROPERTY:
Driver Fixer Pro cares and protects Intellectual Property rights and requests its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdfDriver Fixer Pro will respond expeditiously to claims of copyright infringement that might be committed accidentally in our Software and/or the Driver Fixer Pro website (the “Site”) if such claims are reported to our Copyright Management Team in the nick of time. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or Software by completing the following DMCA Notice of Alleged Infringement and delivering it to us. Upon receipt of Notice carrying details requested below, Driver Fixer Pro will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site or Software. If you believe that one of your works has been copied in a way that infringes copyright laws, within the Software or Service, please report it to Driver Fixer Pro with the following information provided: 13.1. Detailed description of the work protected by copyright laws which you believe being infringed, also describing of the origin of the right itself; 13.2. Indicate where, in the platform, you have found the infringement; 13.3. Your name, address, phone number, and email address; 13.4. A declaration in which you state, in good faith, that the use of the Content is not authorized by the copyright owner, or any of its licensees, or under the copyright laws; 13.5. A declaration stating that the information you provide are true and that you are the legitimate copyright owner or you are legitimately acting on behalf of the owner; 13.6. The user shall declare in advance, if any of his/her content is copyrighted and registered with the authority.
14. JURISDICTION – GENERAL TERMS 14.1.
U.S. Government restricted rights: Driver Fixer Pro and all the documentation related to it are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. 14.2. This agreement and your use of Driver Fixer Pro and all related services are governed by the Cyber Laws of the U.S., and the relevant courts of the US have exclusive jurisdiction over any dispute arising out of Your use of the Software. However, wherever applicable in sole discretion of Driver Fixer Pro, relevant and applicable Cyber Laws of India or the country in which the user resides may also apply. In case of any conflict between the Cyber Laws of India and those of the country in which the user resides, the Cyber Laws of India will be applicable. 14.3. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. 14.4. This Agreement was originally prepared in the English language. Although Driver Fixer Pro may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy. 14.5. This agreement constitutes the entire agreement between You and Driver Fixer Pro with respect to this transaction and any prior statements or representations. Any changes or addendum to this agreement will be posted on our website and, therefore, you are requested to check out our Website periodically. 14.6. Mandatory consumer protection laws in the country in which you habitually reside are not affected by this. In case of any conflict, the consumer protection laws of India will be applicable. 14.7. The provisions of the UN Convention on the International Sale of goods are excluded.
You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software.
THE MAKERS OF DRIVER FIXER PRO EXPRESSLY DISCLAIM ANY WARRANTY FOR DRIVER FIXER PRO. DRIVER FIXER PRO AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF DRIVER FIXER PRO – REMAINS WITH YOU.
17. DISCLAIMER OF DAMAGES
DRIVER FIXER PRO DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. DRIVER FIXER PRO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
18. PRIVACY; DATA PROTECTION STATEMENT
19. LIMITATION OF LIABILITY
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 19.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY: A. IN NO EVENT WILL DRIVER FIXER PRO OR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANY DEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USE OF THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS, INCLUDING BUT NOT LIMITED TO, CONTENT UPDATES, DRIVERS OR OTHER FILES RECEIVED FROM ANY THIRD PARTY (COLLECTIVELY, “THIRD PARTY PRODUCTS”), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY”S) USE OF THE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTION WITH THIRD PARTY PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BE ADDRESSED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND SUCH THIRD PARTIES. B. IN NO EVENT WILL DRIVER FIXER PRO OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF DRIVER FIXER PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. IN NO EVENT WILL DRIVER FIXER PRO OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE. D. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
20. DRIVER FIXER PRO SOFTWARE SERVICES
Wish to have a word with us, we’ll love it. Here’s all the information you will ever need to get in touch with us in case you have any queries or need any clarifications regarding this EULA or any of our Products or Services. Xportsoft Technologies firstname.lastname@example.org