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END-USER SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY


IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (HEREINAFTER EULA ) CAREFULL
Y. 383 MEDIA INCORPORATED, AND/OR ITS SUBSIDIARIES "Secure Installer Inc.", (HER
EINAFTER WE , OUR , AND/OR 383 MEDIA ) IS WILLING TO LICENSE DRIVER Whiz WITH TECHNOLOGY
FROM "Microsoft Corporation", "eSupport.com, Inc.", "CodePlex Community", "Newto
nsoft", "Phoenix Technologies" TO THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTI
TY THAT WILL BE UTILIZING THE SOFTWARE AND SERVICES (HEREINAFTER YOU OR YOUR ) ONLY O
N THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA. BY CL
ICKING THE I AGREE OR YES BUTTONS, LOADING OR RUNNING THE SOFTWARE, OPENING THE PACK
AGE, BREAKING THE SEAL, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADIN
G THE SOFTWARE AND SERVICES OR OTHERWISE USING THE SOFTWARE AND SERVICES, YOU AG
REE TO THE TERMS AND CONDITIONS OF THIS EULA IN FULL.IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS EULA, CLICK THE CANCEL OR NO OR CLOSE WINDOW BUTTONS OR O
THERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE,AND REFER TO THE
SATISFACTION GUARANTEE FOR MORE INFORMATION AS TO WHETHER YOU QUALIFY FOR A REFU
ND FOR YOUR PURCHASE OF THIS EULA
BY CLICKING THE "I AGREE" BUTTON AND/OR ACCESSING THE PRODUCTS, THE USER ACKNOWL
EDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND
BY IT. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, THE USE
R SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE PRODUCTS BECAUSE NO LICENSE SHALL H
AVE BEEN GRANTED THERETO.
1. LICENSE Driver Whiz, including all of its accompanying features and services,
and software documentation (including any emails, electronic mediums, and produ
ct packaging), that accompanies this EULA, (collectively hereinafter Software ) is
the sole property of 383 Media or its licensors and may be protected under copyr
ight law. Per your acceptance of this EULA, 383 Media grants to you a limited, n
on-exclusive, non-transferable right to use the Software for the period of the L
icense Term.
(A) LICENSE TERM The License Term shall begin on the date of your accepted purchas
e order which is the date on which you were sent the license and/or registration
key. The License Term shall last for the period of time set forth in the softwa
re purchase order.
(B) TERMINATION This EULA is effective for the entirety of your License Term, ex
plained in Section 1A. Your rights under the EULA may terminate automatically at
the end of the License Term. Alternatively, your rights under the EULA will ter
minate without notice by 383 Media should you fail to comply with any term(s) of
this EULA, at which time you must cease all use of the 383 Media Software and d
estroy all copies, full or partial, of the 383 Media Software. The provisions of
this EULA are intended to survive termination and will remain in effect after t
ermination of this EULA.
(C) RENEWAL When your License Term is close to expiring, we may send notices to
the e-mail address you provided when you subscribed.
(i) Automatic Renewal: We will automatically charge you and renew your s
ubscription for another term when each license term expires if you have elected
to automatically renew your license. The fee will not exceed the current price,
excluding promotional and discount pricing. The new term will be the same length
as the expired term unless otherwise specified by us at the time of renewal. Th
is renewal and your payment will be processed within 2 days before/after the cur
rent term expires and each anniversary thereafter. We will inform you of your ac
count status and any changes to the terms and conditions of your subscription in
accordance with local law.
(ii) Cancelling Automatic Renewal: You may cancel your automatic renewal
at any time. If you do not want to be automatically charged, you must contact u
s to turn off automatic renewal before your current License Term ends via the co
ntact information available in Section 21. Cancellation of automatic renewal sto
ps charges on a going forward basis only and will not result in the retroactive
refund of subscription payments. Furthermore, we will not pro-rate previously ch
arged subscription fees on the basis of your cancellation date.
(iii) Refund: If the subscription is automatically renewed and it is wit
hin 60 days of the date upon which you were charged for the renewal, we shall gr
ant a full refund for that subscription charge upon your request. Please contact
us via the information available in Section 21.
2. ACCEPTABLE USE You may evaluate this Software without purchasing for a define
d period of time as indicated in the Software or you might have limited access t
o certain features and functionalities of the Software. In order to use all the
features and functionalities of the Software you must purchase a license from 38
3 Media Upon purchase of a license to this Software, in order to use the Softwar
e or enable all of its features, you may be required to activate the Software vi
a telephone and/or the Internet. The Software contains technological measures de
signed to prevent unlicensed use of the Software and will use those measures to
confirm that you have a valid licensed copy of the Software. During the License
Term you may use one copy of the Software on a single computer. Use on multiple
computers is only acceptable if a greater number of copies or licenses were purc
hased as defined in the purchase order. You may use the Software in accordance t
o such specifications.
3. PURCHASE Purchase of the Software is available on our ecommerce site, www.Sec
ureWebPayments.com. Alternatively, you may select the option to purchase the Sof
tware during the evaluation period by selecting the purchase option while runnin
g the Software, for which Internet access is required. You agree to allow the So
ftware to access your browser to initiate the purchase process. Your purchase is
subject to Site Terms and Conditions which are incorporated into this agreement
by reference and are available at http://driverwhiz.com/legal/terms-conditions/
4. TRANSFER You may not alter, unbundle, or break the product down to components
for distribution, transfer, resale, or for any other purpose. Further, you may
not rent, lease, lend, redistribute, sublicense or transfer the Software to anot
her party at any time. You are further prohibited from separating the product ke
y from the associated software and/or transferring the product key to a third pa
rty for any purposes.
If in 383 Media s reasonable judgment, the acquisition of the product occurred usi
ng a fraudulently obtained credit card or any other unauthorized means, 383 Medi
a has no obligations to provide customer services or support to you for the prod
uct in question or to allow the license to continue. 383 Media reserves the righ
t to deactivate subscriptions obtained through any unauthorized means.
5. UPDATES 383 Media may, at its sole discretion, make updates or new features a
vailable during your License Term, to which you shall have the right to receive.
In efforts to improve product performance and/or functionality, 383 Media may,
at its discretion and without notice, add, remove, or modify features from the S
oftware at any time. You may receive notification of the availability of such up
dates to the Software while you are running the Software. Should you choose not
to download the update you may continue to use the old version of the Software.
If you do download the update, you will be asked to reinstall the Software and w
ill be prompted to accept an End User License Agreement before the installation
will be allowed.
6. UNINSTALL You may uninstall this Software by going into your Start Menu, then
Settings, and then selecting Control Panel. From there open Programs and locate
Driver Whiz in the list. From there select the uninstall option and follow the
directions to complete the process. Alternatively, uninstall this program by con
tacting support via the contact information provided in Section 21 or refer to o
ur website FAQ section.
7. PRIVACY POLICY We are committed to protecting your privacy. Please review 383
Media s Privacy Policy available here and under the Legal tab on the landing page o
f the Software website. The aforementioned Privacy Policy is incorporated by ref
erence into this EULA.
8. CUSTOMER INFORMATION Your contact information is the only way by which we can
contact you. It is solely your responsibility to ensure and maintain the accura
cy of the contact information you provide. At any time you may update your custo
mer account information by contacting us via the contact information provided in
Section 21 of this EULA. 383 Media shall not be liable for any damages arising
out of erroneous or un-updated customer information.
9. SERVICE AND SUPPORT All requests for technical service and/or customer suppor
t for the Software can be made by contacting us via the contact information prov
ided in Section 21 of this EULA. We reserve the right to change or modify the av
ailability of these services and/or support at any time, without notice. We will
do our best to help you; however, we cannot guarantee that every problem will b
e resolved to your full satisfaction. Furthermore, 383 Media shall not be liable
for any damages arising out of such technical service and/or customer support.
10. SATISFACTION GUARANTEE Under our Satisfaction Guarantee, you may cancel your
order within the sixty (60) days after the day upon which your order was accept
ed. To exercise your right of cancellation under the Satisfaction Guarantee, you
must contact 383 Media via the contact methods described in Section 21 of this
EULA. Your notice must include the following information: Your First and Last Na
mes and the Email provided by you at the time of purchase.
11. EXPORT REGULATIONS You acknowledge that Products may be subject to the impor
t and export laws of the United States of America and the laws of any country wh
ere the product is imported or re-exported. You agree to comply with all relevan
t laws and will not export any product in contravention of such applicable laws
to any prohibited country, entity, or person for which an export license or gove
rnment approval is required. You hereby agree that you will not export or sell a
ny product for use in connection with chemical, biological, or nuclear weapons,
or missiles, drones or space launch vehicles capable of delivering such weapons.
12. THIRD PARTY INTERACTIONS During the use of this Software, you may enter into
correspondence with, purchase goods and/or services from, or participate in pro
motions of third party service providers, advertisers, or sponsors showing their
goods and/or services through the Software. Any such activity and any terms, co
nditions, warranties or representations associated with such activity is solely
between you and the applicable third party. 383 Media and its licensors shall ha
ve no liability, obligation, or responsibility for any such correspondence, purc
hase, transaction, or promotion between you and any such third party. 383 Media
makes no representation whatsoever about any other website that you may access t
hrough this Software. A hyperlink to a non-383 Media website does not mean that
383 Media endorses or accepts any responsibility for the content or the use of t
he linked website. It is entirely your responsibility to take precautions to ens
ure that whatever you select for your use must be free of viruses, worms, Trojan
horses, and other items of a destructive nature. In no event shall 383 Media or
its licensors be held responsible for any content, products, services, or other
materials on or available from such third party hyperlinks or providers.
13. DISCLAIMER OF WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW, 383 Medi
a EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR
POSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 383 MEDIA MA
KES NO WARRANTIES THAT: (A) SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) SOFTWARE U
SE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MA
Y BE OBTAINED FROM THE PURCHASE AND/OR USE OF THE SOFTWARE WILL BE ACCURATE OR R
ELIABLE; (D) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (E) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. 383 MEDIA DOES NOT WARRANT THIRD PART
Y PRODUCTS.
14. LIMITATION OF LIABILITY SOME STATES AND JURISDICTIONS, INCLUDING MEMBER COUN
TRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSIO
N OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION O
R EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE, IN NO EVENT WILL 383 Media BE LIABLE TO YOU FOR ANY PERSONAL INJURY, I
NCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING WITHO
UT LIMITATION, DAMAGES FOR LOST PROFITS, CORRUPTION, OR LOST DATA, FAILURE TO TR
ANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER CO
MMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OF 383 Media SO
FTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR SERVICES IN CONJUNCTION WITH T
HE 383 MEDIA SOFTWARE OR SERVICES, EVEN IF 383 Media HAS BEEN ADVISED OF THE POS
SIBILITY OF SUCH DAMAGES REGARDLESS OF THE THEORY OF LIABILITY, CONTRACT, TORT O
R OTHERWISE.. IN NO CASE SHALL 383 MEDIA S LIABILITY EXCEED THE AMOUNT THAT YOU PA
ID FOR PURCHASE OF THE SOFTWARE.
15. ASSIGNMENT 383 Media may transfer, subcontract or otherwise deal with our ri
ghts and/or obligation under these Terms and Conditions without notifying you or
obtaining your consent. You may NOT transfer, subcontract or otherwise deal wit
h our rights and/or obligation under these Terms and Conditions.
16. SEVERABILITY In the event that any provision or part of a provision of this
EULA is determined to be unlawful, void, or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law, an
d the unenforceable portion shall be deemed to be severed from this EULA. Such d
etermination shall not affect the validity and enforceability of any other remai
ning provisions.
17. WAIVER The failure of 383 Media to enforce any of our rights under these Ter
ms and Conditions, our policies, or any applicable laws shall not be deemed to c
onstitute a waiver of such rights.
18. ENTIRE AGREEMENT This EULA and any policies or documents referenced herein c
onstitute the entire agreement between you and 383 Media pertaining to the subje
ct hereof and supersedes all prior agreements and understandings of the parties
with respect thereto. To the extent that these Terms and Conditions conflict wit
h anything referenced herein or anything in or associated with this Site is in c
onflict or inconsistent with these Terms and Conditions, these Terms and Conditi
ons shall take precedence.
19. CHOICE OF LAW AND VENUE This EULA will be governed by the statutes and laws
of the State of California, without regard to the conflict of law principals the
reof. You and 383 Media agree and hereby submit to the exclusive personal jurisd
iction and venue of the Superior Court of California for the County of Alameda a
nd the United States District Court for the Northern District of California with
respect to such matters.
20. STATUTE OF LIMITATIONS Any cause of action brought by you against us or our
affiliates must be instituted within one year after the cause of action arises o
r be deemed forever waived and barred.
21. CONTACT US The preferred method for you to contact us is via our Contact Us
form on our Site. In the alternative, you may reach us at:
BY EMAIL:
support@383media.com
BY TELEPHONE:
[For order information and transaction details only]
1 (925) 293-9056. (Business Hours: M-F 9am-5pm Pacific Standard Time)
International: +1 (925) 293-9056 (check your local telephone company for estimat
ed charges)
BY MAIL:
Attn. Support
383 Media Inc.
7600 Dublin Boulevard, Suite 210
Dublin, CA, 94568