Last Updated Date: [May 24, 2018]
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (HEREINAFTER “EULA”) CAREFULLY. AbeApps INCORPORATED, AND/OR ITS SUBSIDIARIES “Secure Installer Inc.”, (HEREINAFTER “WE”, “OUR”, AND/OR “AbeApps”) IS WILLING TO LICENSE DRIVER WHIZ WITH TECHNOLOGY FROM “Microsoft Corporation”, “eSupport.com, Inc.”, “CodePlex Community”, “Newtonsoft”, “Phoenix Technologies” TO THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE AND SERVICES (HEREINAFTER “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA. BY CLICKING THE “I AGREE” OR “YES” BUTTONS, LOADING OR RUNNING THE SOFTWARE, OPENING THE PACKAGE, BREAKING THE SEAL, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE AND SERVICES OR OTHERWISE USING THE SOFTWARE AND SERVICES, YOU AGREE 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 OTHERWISE 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 REFUND FOR YOUR PURCHASE OF THIS EULA.
DRIVER WHIZ helps you update your system’s drivers by scanning for out-of-date and missing drivers and installing the most up-to-date drivers. Setup will guide you through the installation for DRIVER WHIZ. It is recommended that you close all other applications before starting setup.
Net 2.0 or greater is required to use the software. If your .NET version does not meet the minimum requirements we will provide you the most up-to-date version. You can use trial version of DRIVER WHIZ to scan for out-of-date and missing drivers. Purchase is required to update drivers. Internet Access is required to use the software.
DRIVER WHIZ, including all of its accompanying features and services, and software documentation (including any emails, electronic mediums, and product packaging), that accompanies this EULA, (collectively hereinafter “Software”) is the sole property of AbeApps or its licensors and may be protected under copyright law. Per your acceptance of this EULA, AbeApps grants to you a limited, non-exclusive, non-transferable right to use the Software for the period of the License Term.
(A) LICENSE TERM – The “License Term” shall begin on the date of your accepted purchase 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 software purchase order.
(B) TERMINATION – This EULA is effective for the entirety of your License Term, explained 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 terminate without notice by AbeApps should you fail to comply with any term(s) of this EULA, at which time you must cease all use of the AbeApps Software and destroy all copies, full or partial, of the AbeApps Software. The provisions of this EULA are intended to survive termination and will remain in effect after termination of this EULA.
(C) RENEWAL – When your License Term is close to expiring, we will send notices to the e-mail address you provided when you subscribed.
(i) Automatic Renewal: We will automatically charge you and renew your subscription 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. This renewal and your payment will be processed within 2 days before/after the current term expires and each anniversary thereafter. We will inform you of your account 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 us to turn off automatic renewal before your current License Term ends via the contact information available in Section 21. Cancellation of automatic renewal stops 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 charged subscription fees on the basis of your cancellation date.
(iii) Refund: If the subscription is automatically renewed and it is within 60 days of the date upon which you were charged for the renewal, we shall grant 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 defined period of time as indicated in the Software or you might have limited access to 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 AbeApps. Upon purchase of a license to this Software, in order to use the Software or enable all of its features, you may be required to activate the Software via telephone and/or the Internet. The Software contains technological measures designed 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 purchased as defined in the purchase order. You may use the Software in accordance to such specifications.
Purchase of the Software is available on our ecommerce site, www.SecureWebPayments.com. Alternatively, you may select the option to purchase the Software during the evaluation period by selecting the purchase option while running the Software, for which Internet access is required. You agree to allow the Software 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 here
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 another party at any time. You are further prohibited from separating the product key from the associated software and/or transferring the product key to a third party for any purposes.
If in AbeApps’s reasonable judgment, the acquisition of the product occurred using a fraudulently obtained credit card or any other unauthorized means, AbeApps has no obligations to provide customer services or support to you for the product in question or to allow the license to continue. AbeApps reserves the right to deactivate subscriptions obtained through any unauthorized means.
AbeApps may, at its sole discretion, make updates or new features available during your License Term, to which you shall have the right to receive. In efforts to improve product performance and/or functionality, AbeApps may, at its discretion and without notice, add, remove, or modify features from the Software at any time. You may receive notification of the availability of such updates 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 will be prompted to accept an End User License Agreement before the installation will be allowed.
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 contacting support via the contact information provided in Section 21 or refer to our website FAQ section.
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 accuracy of the contact information you provide. At any time you may update your customer account information by contacting us via the contact information provided in Section 21 of this EULA. AbeApps 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 support for the Software can be made by contacting us via the contact information provided in Section 21 of this EULA. We reserve the right to change or modify the availability 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 be resolved to your full satisfaction. Furthermore, AbeApps 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 accepted. To exercise your right of cancellation under the Satisfaction Guarantee, you must contact AbeApps via the contact methods described in Section 21 of this EULA. Your notice must include the following information: Your First and Last Names and the Email provided by you at the time of purchase.
11. EXPORT REGULATIONS
You acknowledge that Products may be subject to the import and export laws of the United States of America and the laws of any country where the product is imported or re-exported. You agree to comply with all relevant 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 government approval is required. You hereby agree that you will not export or sell any 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 promotions of third party service providers, advertisers, or sponsors showing their goods and/or services through the Software. Any such activity and any terms, conditions, warranties or representations associated with such activity is solely between you and the applicable third party. AbeApps and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. AbeApps makes no representation whatsoever about any other website that you may access through this Software. A hyperlink to a non-AbeApps website does not mean that AbeApps endorses or accepts any responsibility for the content or the use of the linked website. It is entirely your responsibility to take precautions to ensure 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 AbeApps 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, AbeApps EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AbeApps MAKES NO WARRANTIES THAT: (A) SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) SOFTWARE USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE AND/OR USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. AbeApps DOES NOT WARRANT THIRD PARTY PRODUCTS.
14.LIMITATION OF LIABILITY
SOME STATES AND JURISDICTIONS, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR 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 AbeApps BE LIABLE TO YOU FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, CORRUPTION, OR LOST DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OF AbeApps SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR SERVICES IN CONJUNCTION WITH THE AbeApps SOFTWARE OR SERVICES, EVEN IF AbeApps HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE THEORY OF LIABILITY, CONTRACT, TORT OR OTHERWISE.. IN NO CASE SHALL AbeApps’S LIABILITY EXCEED THE AMOUNT THAT YOU PAID FOR PURCHASE OF THE SOFTWARE.
AbeApps may transfer, subcontract or otherwise deal with our rights and/or obligation under these Terms and Conditions without notifying you or obtaining your consent. You may NOT transfer, subcontract or otherwise deal with our rights and/or obligation under these Terms and Conditions.
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, and the unenforceable portion shall be deemed to be severed from this EULA. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of AbeApps to enforce any of our rights under these Terms and Conditions, our policies, or any applicable laws shall not be deemed to constitute a waiver of such rights.
18. ENTIRE AGREEMENT
This EULA and any policies or documents referenced herein constitute the entire agreement between you and AbeApps pertaining to the subject hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that these Terms and Conditions conflict with anything referenced herein or anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
19. CHOICE OF LAW AND VENUE
This EULA will be governed by the statutes and laws of Singapore, without regard to the conflict of law principles thereof. You and abeapps.com agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of the Republic of Singapore 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 or 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:
AbeApps Pte. Ltd.
Street: 17 PHILLIP STREET
#05-01 GRAND BUILDING
SINGAPORE (SG) 048695