Anda di halaman 1dari 6

END-USER SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY

THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS BETWEEN 383 Media, Inc. (THE "C
OMPANY") AND THE PERSON WHO OPENS THIS PACKAGE OR USES THE SOFTWARE, WHICH ACCOM
PANIES THIS AGREEMENT (THE "USER"). THIS AGREEMENT GIVES A USER THE RIGHT TO ACC
ESS AND USE THE COMPANY'S SOFTWARE, PRODUCTS AND SERVICES ( PRODUCTS ), AS FURTHER I
DENTIFIED HEREIN, PURCHASED FROM THE COMPANY, ITS RESELLERS OR AGENTS PURSUANT T
O A PURCHASE AGREEMENT, CONTRACT, SALES ORDER, INVOICE OR SIMILAR DOCUMENT ("PUR
CHASE CONTRACT"). THE COMPANY IS WILLING TO GRANT THE USER THE RIGHT TO ACCESS A
ND USE THE COMPANY'S PRODUCTS ONLY IF THE USER ACCEPTS ALL OF THE TERMS OF THIS
AGREEMENT, AND PAYS OR HAS PAID THE COMPANY, ITS RESELLERS OR AGENTS, THE FULL P
URCHASE PRICE (TO INCLUDE ALL APPLICABLE TAXES AND FEES) FOR USE OF THE LICENSE
TO THE PRODUCTS PURCHASED.

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.

LICENSE

In consideration of the payment of the purchase price for the right to use Compa
ny's Products, and the User's adherence to all provisions of this Agreement, the
Company grants the User a personal, non-exclusive, non-transferable, revocable
license to access and use the Company's Products covered hereunder for the sole
purpose of accessing the Products purchased under the Purchase Contract. The Pr
oducts that are covered by this Agreement include: Driver Restore. The Products
also include any other programs, tools, components and any updates (for example,
documentation, help content, bug fixes, or other information and releases) rela
ted to the Products that Company provides or makes available to you.

RESTRICTIONS

You are not licensed or permitted under this Agreement to do any of the followin
g: (1) allow any other person to use the Products; (2) rent, loan, resell, distr
ibute, or redistribute the original CD or a copy of the Products to any other pe
rson or entity; (3) make the Products available on any file-sharing or applicati
on hosting service; (4) electronically send the Product to any other person; (5)
copy the printed materials or user documentation accompanying the Product other
than as necessary to support the uses permitted above; (6) making the Products
available to others via shared access to a single computer, a computer network,
or by sharing access information, which includes the User's Username and Passwor
d; and (7) reverse engineer, disassemble, decompile, or translate the Products,

or otherwise attempt to derive its source code or the source code through which
the Products is accessed, or authorize any third-party to do any of the foregoin
g. The license granted hereunder is personal to the User, and any attempt by the
User to transfer any of the rights, duties or obligations hereunder shall termi
nate this Agreement and be void.

RESERVATION OF RIGHTS AND OWNERSHIP

The Company's Products are the property of the Company and its licensor(s), if a
ny, and subject to applicable patent, copyright, trade secrets, trademarks and o
ther proprietary rights. The Products are licensed, not sold, to the User for us
e only under the terms of this Agreement, and the Company reserves all rights no
t expressly granted to the User.

TERMINATION

This Agreement will terminate immediately if the User breaches any term of this
Agreement. Further, in the event of a termination or expiration of any agreement
between the Company and a third-party content provider or licensor of all or a
part of the Products, the User's right to access and use the Products may also t
erminate or expire without prior notice to User. A User may terminate this Agree
ment at any time by notifying the Company in writing. Upon receipt of notice of
termination from the User, the license and the User's access to the Products sha
ll cease. Upon termination, any refund to which the User may be entitled shall b
e determined in accordance with the terms of the applicable Purchase Contract.

CONTENT MAINTAINED BY THE COMPANY

User acknowledges and understands that: (1) the Company may, from time to time,
elect to update the Products, but the Company does not warrant or guarantee that
any Products or other information accessed through the Company's website(s) wil
l be updated at any time during the term of this Agreement; and (2) the Company
does not recommend, warrant or guarantee the use or performance of any third-par
ty product or service described in the Products or elsewhere in the Company's we
bsite(s), nor is the Company responsible for malfunction of such products or ser
vices due to errors in the Products, the User's negligence or otherwise. User ag
rees to seek additional information on any third-party product or service from t
he respective third party. The User covenants that it will use the Products only
for its intended use.

LIMITED WARRANTY

The Company warrants that the Products will perform substantially in accordance
with the accompanying materials for a period of 60 days (the Warranty Period ) from

the date of receipt. If an implied warranty or condition is created by applicab


le law, and federal or state law prohibits disclaimer of it, you also have an im
plied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (60 days). AS TO ANY DEFECTS DISCOVERED AFTER THE WARR
ANTY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states do not a
llow limitations on how long an implied warranty or condition lasts, so the abov
e limitation may not apply to you. Any supplements or updates to the Product, in
cluding without limitation, any (if any) updates provided to you after the expir
ation of the Warranty Period are not covered by any warranty or condition, expre
ss, implied or statutory.

WARRANTY DISCLAIMER

The Limited Warranty that appears above is the only express warranty made to you
and is provided in lieu of any other express warranties or similar obligations
(if any) created by any advertising, documentation, packaging, or other communic
ations. Except for the Limited Warranty and to the maximum extent permitted by a
pplicable law, the Company and its suppliers provide the Product and support ser
vices (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranti
es and conditions, whether express, implied or statutory, including, but not lim
ited to, any (if any) implied warranties, duties or conditions of merchantabilit
y, of fitness for a particular purpose, of reliability or availability, of accur
acy or completeness of responses, of results, of workmanlike effort, of lack of
viruses, and of lack of negligence, all with regard to the Software, and the pro
vision of or failure to provide support or other services, information, software
, and related content through the Software or otherwise arising out of the use o
f the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMEN
T, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE SOFTWARE.

LIMITATION OF LIABILITY

Except as specifically provided herein, neither the Company, its affiliates, res
ellers, agents, or licensors, if any, shall be liable for any claim, demand or a
ction arising out of, or relating to, the User's use of the Products or the Comp
any's performance of (or failure to perform) any obligation under this Agreement
or for special, incidental or consequential damages, including, without limitat
ion, damages due to lost revenues or profits, business interruption, or other da
mages caused by User's inability to use the Products, even if the Company, its a
ffiliates, resellers, agents, or licensors have been advised of the possibility
of such loss or damages, and whether or not such loss or damages is or are fores
eeable. The entire cumulative liability of Company, and its affiliates, reseller
s, agents, or licensors for any reason arising from or relating to this Agreemen
t shall be limited to the amount paid by you to Company for the Products in the
twelve (12) month period immediately preceding the event giving rise to such cla
im.

EXPORT LAW

The Company's Products are subject to U.S. export control laws and may be subjec
t to export or import regulations in other countries. Unless in compliance with
applicable law and specifically authorized in writing by the Company prior to an
y Product access, the User shall not export the Products under any circumstances
whatsoever. In any case, the User will indemnify and hold the Company harmless
from any and all claims, losses, liabilities, damages, fines, penalties, costs a
nd expenses (including reasonable attorney's fees) arising from, or relating to,
any breach by the User of the User's obligations under this section.

GOVERNING LAW, JURISDICTION AND VENUE

This Agreement shall for all purposes be governed by and interpreted in accordan
ce with the laws of the State of California as those laws are applied to contrac
ts entered into, and to be performed entirely in California by California reside
nts. Any legal suit, action or proceeding arising out of, or relating to this Ag
reement, shall be commenced in a federal court in California or in state court i
n Alameda County County, California, and each party hereto irrevocably submits t
o the personal and exclusive jurisdiction and venue of any such court in any suc
h suit, action or proceeding and waives any right which it may have to transfer
or change the venue of any such suit, action or proceeding, except that in conne
ction with any suit, action or proceeding commenced in a state court, each party
retains the right to remove such suit, action or proceeding to federal court to
the extent permissible. The United Nations Convention on Contracts for the Inte
rnational Sale of Goods is specifically excluded from application to this Agreem
ent.

ATTORNEY FEES

If any legal action or proceeding is brought for the enforcement of this Agreeme
nt or arises from the alleged breach, dispute, default or misrepresentation in c
onnection with any of the provisions of this Agreement, the prevailing party or
parties shall be entitled to recover reasonable attorney's fees and other costs
incurred as a result of such legal action or proceeding.

AMENDMENTS

It is recommended that User review the Company s website periodically for new or a
dditional terms and changes to this Agreement. Company has the right to change o
r add to the terms of this Agreement, and to change, delete, discontinue, or imp
ose conditions on any feature or aspect of the Products, including but not limit
ed to, terms, technical support options, and other product-related policies and
features, at any time and upon notice by any means Company determines in its dis
cretion to be reasonable. Your continued use of the Products after Company s publi
cation of any such changes shall constitute your acceptance of this Agreement as
modified.

WAIVER

No failure to enforce any term of this Agreement shall constitute a waiver of su


ch term in the future unless such waiver so provides by its terms.

ASSIGNMENT

Neither this Agreement nor any of the User's rights or obligations hereunder may
be assigned by the User in whole or in part without the prior written approval
of the Company. Any other attempted assignment shall be null and void.

SEVERABILITY

If any part of this Agreement is for any reason found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provis
ions of this Agreement shall not be affected and same shall remain in effect.

COMPLETE AGREEMENT

This Agreement is the complete and exclusive statement of the agreement between
the Company and the User with respect to its subject matter, and supersedes and
voids any proposal or prior agreement, oral or written, and any other communicat
ions between the parties in relation to its subject matter. No waiver, alteratio
n or modification of this Agreement shall be valid unless made in writing and si
gned by a corporate officer of the Company.

CONTACT INFORMATION

4683 Chabot Drive, Suite 220


Pleasanton, California 94588
United States of America
925-399-1304

webmaster@383media.com

September 01, 2013

Anda mungkin juga menyukai