End user agreement for DriverBoost
DRIVERBOOST - END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
This End-User License Agreement ('Agreement') is a legal contract between You - either (a) an individual user or (b) a business organization - ('You') and Boost Software, Inc. (“Licensor”) for the DriverBoost Software, including any associated media, printed materials and electronic documentation (the 'Software').
By clicking on the 'I Accept' button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this Agreement and You represent that You are authorized to enter into this Agreement on behalf of your corporate entity (if applicable). If You do not wish to be bound by the terms of this Agreement, click the 'Cancel' button, and do not install, access, or use the Software.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, the Licensor grants You a limited, non-exclusive, non-transferable, and revocable license to use or evaluate the Software in accordance with this Agreement.
You may install and use the Software on one (1) computer for your internal purposes only for the period for which You purchased the license. The license period begins with the date of purchase of the Software. If You have purchased more licenses, You may use the Software on multiple computers based on the number of licenses purchased. You may also make one backup copy of the Software.
Any use of more copies of the Software than licensed is prohibited. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing the Software or making any use prohibited by law.
The license for the Software may not be shared by alternating use of the Software between different computers. The Software is licensed as a single product, and You may not separate its component parts for use on more than one desktop personal computer (unless license purchased allows You to do so).
If You are not using a licensed copy of the Software, You are not allowed to install the Software and any future updates of the same.
2. EVALUATION VERSION
You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by the Licensor.
Portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections. You thus agree that the Evaluation Version granted to You on a temporary basis to test the Software may have limited functionality and that consequently You may not be able to benefit from all the functions which would be available if You buy a regular license and pay the license fee.
In order to use or continue to use all the features and functionality of the Software, You must acquire a regular license as set out in this License Agreement and pay the license fee.
3. ACTIVATION OF SOFTWARE, NETWORKS & UPDATES
Once you have purchased a license from the Licensor in order to continue to use the Software or enable all the features of the software, you may be required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. Licensor will use those measures to confirm you have a valid licensed copy of the Software. Licensor will not collect any personally identifiable information from your computer location or workstation during this process.
You should activate the registered license for the Software by entering the serial number provided by the Licensor as prompted by the Software. You agree to use the Software only for the number of licensed units specified on Your invoice. Any simultaneous storage, maintenance, or use of more units than are licensed is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use, or to pay an additional fee according to the number of users with access to a Network enabling use of the Licensor Software by multiple computers simultaneously. You agree to contact the Licensor if simultaneous use will be possible.
Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will be required to renew and purchase another license in order to continue to use all the features and functionality of the Software.
The software may be updated by way of modifications, feature enhancements, or other changes, which will be determined solely by the Licensor from time to time. Such updates may or may not be available free of charge and You agree that the Licensor has no obligation whatsoever to provide any updates.
4. COPYRIGHT AND TRADEMARK RIGHTS
The Licensor Software is copyrighted according to law. You must not use the Licensor Software in any manner which can jeopardize or violate its copyright. Unless specifically permitted in terms of this License Agreement, copying, reproducing, changing, modifying and decompiling the Software as well as transferring it from a mechanical code, reanalyzing it or creating any deduced works there from by processing is strictly prohibited. Nor is it permissible to resell, borrow, assign, transfer or lease the Licensor Software to any person.
5. INTELLECTUAL PROPERTY PROTECTION
This License Agreement does not give You any intellectual property rights on the Licensor Software or its Documentation.
You agree to treat the Licensor Software as copyrighted material and You must not use it in any manner which can jeopardize or violate the copyrights of the Licensor. You may not copy, modify, create a derivative work thereof, reverse engineer, decompile or otherwise attempt to extract the source code or internal data of the Licensor Software or any part thereof, unless this is expressly permitted or required by law, or unless You have obtained explicit consent in writing from the Licensor that You may do so. You further agree not to remove or in any way obscure any ownership or trademark notices on the Licensor Software or its Documentation.
All hardware device driver(s) and names used in the Software are copyright and the property of the respective companies supplying such hardware device drivers. Furthermore, when using a company's hardware device driver you will be bound to that company's own legal agreements. All product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. Licensor is in no way affiliated with or representing any of the companies identified and displayed in this Software or in any related services provided by Licensor.
6. RESTRICTIONS ON USE
You may not use the Licensor Software in any way that violates any applicable law. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing the Licensor Software or its Documentation.
Licensor's name, logo and graphics file that represents this Software shall not be used in any way to promote products developed with our Software. Licensor retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for the Licensor.
7. LIMITED WARRANTY
You expressly understand and agree that the Licensor Software and its documentation are provided to You under this License Agreement on an 'as is' basis and your use of it is at your sole risk. This Licensor Software is not subject to any guarantees. The Licensor Software is provided as general purpose Software and not for your particular use.
You accept that the Licensor and its suppliers do not represent or warrant that:
a. The Licensor Software and its documentation will meet your requirements;
b. The Licensor Software and its documentation will be error or defect free; or that
c. Any defects in the operation or functionality of the Licensor Software and its documentation will be corrected.
The Licensor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by the applicable law, whichever is greater.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL THE LICENSOR OR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA ARISING OUT OF THE USE OR THE INABILITY TO USE THE LICENSOR SOFTWARE AND ITS DOCUMENTATION, LOSS OF PROGRAMS OR DATA ON YOUR COMPUTER, LITIGATION, OR THE LIKE, EVEN IF LICENSOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will the total liability of the Licensor or its suppliers whether in tort, contract or otherwise, exceed the amount actually paid by You for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by the applicable law.
LICENSOR DOES NOT MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL IDENTIFY ANY SPECIFIC HARDWARE OR SOFTWARE INSTALLED ON YOUR COMPUTER NOR DOES LICENSOR MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL LOCATE ANY DRIVERS FOR YOUR SPECIFIC HARDWARE FOR USE ON CERTAIN OPERATING SYSTEMS. LICENSOR ALSO DOES NOT MAKE ANY GUARANTEES THAT ANY OR ALL DRIVERS LOCATED FOR YOUR SPECIFIC HARDWARE AND OPERATING SYSTEM WILL FUNCTION ERROR FREE, ACHIEVE CERTAIN RESULTS, OR OPERATE WITHOUT INTERRUPTION. ALL DRIVERS LOCATED AND AVAILABLE THROUGH THIS SOFTWARE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
If Licensor is unable to provide the updated driver that the Software presented during the free scan for functioning hardware devices, you are entitled to request a refund as per standard refund policy.
9. EXPORT RESTRICTIONS
You may not export or re-export the Licensor Software in violation of the export laws of the United States, the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Licensor Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons.
10. TERM AND TERMINATION
This License Agreement shall automatically terminate if You fail to comply with its terms without prejudice to the rights of the Licensor to compensation for damages in terms of the applicable law. Immediately upon termination or expiration of this License Agreement You shall return to the Licensor or destroy all copies of the Licensor Software and all related Documentation in Your possession.
11. GOVERNING LAW
This License Agreement shall be governed by the Laws of Massachusetts, USA, excluding conflicts of law.
12. GENERAL PROVISIONS
Any rights not expressly granted under this License Agreement are being reserved. This License Agreement is the entire agreement between You and the Licensor with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms of any quote, order or other similar communication between the parties.
If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License Agreement provisions. Failure by either party to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. Sections 6, 7, and 8 shall survive the termination of this License Agreement.