DriverZone.com: The place to find device driver updates.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE SOFTWARE OR SERVICE OFFERED BY DRIVERZONE.COM. YOU WILL NOT HAVE THE ABILITY TO DOWNLOAD AND EXECUTE THE SOFTWARE AND USE THE SERVICE UNTIL YOU HAVE READ AND ACCEPTED ALL OF THE TERMS SET FORTH IN THIS END USER LICENSE AGREEMENT. BY INSTALLING AND/OR USING THE SOFTWARE, YOU (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END USER LICENSE AGREEMENT AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR A LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE SOFTWARE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT INSTALL OR USE THE SOFTWARE.

YOUR ACCESS TO AND USE OF THE SOFTWARE IS CONDITIONED UPON YOUR COMPLIANCE WITH THE TERMS OF THIS END USER LICENSE AGREEMENT. A TRIAL OFFERING OF THE SOFTWARE MAY BE PROVIDED TO YOU FOR YOUR USE ONLY IN ACCORDANCE WITH THIS AGREEMENT.

ANY INFORMATION THAT DRIVERZONE.COM OBTAINS ABOUT YOU OR OTHER INDIVIDUALS OR YOUR COMPUTER(S) THROUGH YOUR USE OF THE SOFTWARE AND SERVICE SHALL BE GOVERNED BY THE DRIVERZONE.COM PRIVACY POLICY LOCATED HERE, AS MAY BE AMENDED FROM TIME TO TIME. BY USING THE SOFTWARE AND SERVICE, YOU CONSENT TO THE COLLECTION AND PROCESSING OF THIS INFORMATION AS DESCRIBED IN THE DRIVERZONE.COM PRIVACY POLICY.

This End User License Agreement (“Agreement”) is an agreement between you (an individual or a corporation or other business entity, as the case may be) and DriverZone.com. The DriverZone service (the “Service”) involves the installation of software (“Software”) on your personal computer that scans the computer to identify missing and out-of-date device drivers, and upon paying a subscription fee, enables you to access and download third-party drivers and driver updates (the “Driver Updates”) during the subscription period.

A. DRIVERZONE SCAN SOFTWARE

1. GRANT OF LICENSE: Upon your acceptance of this Agreement, DriverZone.com (“DriverZone”) grants you a limited, internal-use-only, non-exclusive, non-transferable license to download and use the Software to perform Scans on the terms and conditions set forth herein. This Agreement only authorizes you to use the version of the Software that you have downloaded and does not give you any rights with respect to any other version of the Software. You acknowledge and agree that each version of the Software (and any other software or program offered by DriverZone) is governed by a separate license agreement between DriverZone and the end user.

2. OBLIGATIONS: You shall not, and shall not permit any third party to, use the Software for commercial purposes of any kind, engage in any of the restrictions set forth in Section B.2 or breach the provisions set forth in Section B.3.

B. SUBSCRIPTION SERVICE

1. Grant of License: Upon your acceptance of this Agreement and payment of the applicable subscription fee, DriverZone grants you a limited, internal-use-only, non-exclusive, non-transferable license to use the Service to perform Scans and to access and download Driver Updates on the terms and conditions set forth herein. The Service is licensed for your internal use only and you may use the Service on multiple computers, but only up to the number of licenses you purchased with your subscription. If the Software is installed on a network hard drive, you agree that user access to the Service shall be restricted to the number of licenses you purchased. You agree that you shall not transfer or sublicense the license set forth herein.

2. End User Obligations: You hereby agree to the following requirements and restrictions, which shall survive any termination or expiration of this Agreement:
(i) you shall not transfer, sublicense, sell, resell, assign, distribute, rent, or lease the Software or Service, in any form, to any other party;
(ii) you shall not alter, remove, disable or suppress the display of any copyright, trademark, trade name, logo or trade dress included as part of the Service;
(iii) you shall not copy or reproduce the Software, in whole or in part, other than for back-up or archival purposes, in which case you shall be limited to one (1) such copy;
(iv) you shall take all reasonable steps to protect the Software and Service from unauthorized reproduction, publication, disclosure, or distribution;
(v) you shall not disassemble, decompile, reverse engineer, or transmit the Software or Service in any form or by any means;
(vi) if applicable, you shall ensure your employees and all persons who have the authorized right to use the Service have had the terms of this Agreement made known to them;
(vii) you shall not take part in any action that may breach DriverZone’s intellectual property rights in the Service;
(viii) you shall only use the Service on computers that you own and only for non-commercial purposes, and the Service shall not be used on computers owned by other people or businesses; and
(ix) you shall not under any circumstance share or distribute your Username and Password with non-Service subscribers or any other party; doing so will result in the cancellation of your subscription without refund.

3. Ownership and Intellectual Property Rights: DriverZone owns all rights, title and interest, including all worldwide copyrights, in the Service and the Software, including all copies of the Software. The Service and the Software and all related materials are copyrighted and are protected by the laws of the United States and other countries, and by international treaty provisions. Title to all copies of the Software, and all intellectual property rights therein (including but not limited to patents, pending patent applications, trademarks, copyrights, trade secrets or other intellectual property rights), shall remain with DriverZone. Unless expressly authorized in this Agreement, you shall have no right to (nor will allow any third party to) sell, assign, lease, transfer, encumber, or otherwise suffer to exist any lien or security interest on the Service or the Software. You acknowledge and agree that this Agreement does not convey on to you any intellectual property or other ownership interests in the Service or the Software.

4. Third Party Intellectual Property: All Driver Updates are the intellectual property of the applicable third parties supplying the Driver Updates. You understand that when you download a Driver Update through the Service, you will be subject to the license agreement of the supplier of the Driver Update. DriverZone is not responsible for any damage that downloaded Driver Updates may cause to your PC.

5. License Fee: You are not authorized to use the Service for downloading Driver Updates until valid payment of the applicable subscription fee has been made. All fees shall be made in U.S. dollars. You may be eligible to receive a refund for all or part of your subscription fee under our refund policy, which is set forth on the www.driverzone.com website under “Policies”.
C. GENERAL

1. Term: This Agreement is effective upon your acceptance of this Agreement and shall expire upon the earlier to occur of the end of the term of the subscription you purchased or you uninstalling the Software from your computer(s). DriverZone shall have the right to terminate this Agreement at any time if you breach any provisions of this Agreement. Upon expiration or termination, each party will remain obligated under this Agreement for those parts of the Agreement relating to ownership, warranties, limitation of liability, governing law, obligations upon expiration or termination, and any other applicable provisions which by their nature would survive any such expiration or termination of this Agreement.

2. Updates: You acknowledge that DriverZone is not required to update and maintain the Service or Software. DriverZone may notify you of subsequent updates released to the public or major corrections and the price for which such updates or corrections may be obtained, PROVIDED YOU HAVE SENT IN YOUR REGISTRATION. All updates and corrections that are provided to you shall become part of the Service and be governed by the terms of this Agreement.

3. Warranty Disclaimer: THE SERVICE AND SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY IN ANY COUNTRY, OR THAT THE SERVICE WILL ACHIEVE SPECIFIC RESULTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE. IN ADDITION, DRIVERZONE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY DRIVER UPDATES ACCESSIBLE AND DOWNLOADABLE VIA THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

4. Limitation of Liability: IN NO EVENT WILL DRIVERZONE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE AND THE SOFTWARE, EVEN IF DRIVERZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF DRIVERZONE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT(S) PAID BY YOU FOR THE SERVICE.

5. Change of Terms: DriverZone reserves the right to amend the terms of this Agreement terms at will by (a) providing written notification to you of any such amendments; and/or by (b) displaying term changes or an amended Agreement to you during the installation or use of the Service.

6. Miscellaneous: This is the only agreement between you and DriverZone and it cannot, and shall not, be modified or amended by you unless a written amendment has been signed by you and an authorized representative of DriverZone. This Agreement shall be governed by Massachusetts law, excluding its conflict of law principles. You shall not assign this Agreement without the prior written consent of DriverZone. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission of the provision would frustrate the intent of the parties, in which case this Agreement will immediately terminate. Any cause of action arising out of or related to this Agreement must be brought by you no later than one (1) year after the cause of action has occurred.

7. Uninstallation: To uninstall DriverZone Driver Scanner complete the following:
a. Go to Start > All Programs > DriverZone > Uninstall DriverZone Driver Scanner
b. Click the Yes button to begin removing DriverZone Driver Scanner from your system.
c. Click the OK button after DriverZone Driver Scanner has been removed from your system.

DZ EULA v.3, 01-13-10