BRANDSCREEN SOFTWARES END USER'S LICENSE AGREEMENT
For: Driver Downloader (The “Licensed Software”)
Before you use the Licensed Software, please read this EULA as carefully as you would read any other legal document. This End User License Agreement (EULA) is a contract between you (“you,” “your” or “Licensee”) and BRANDSCREEN SOFTWARES (“BS SOFTWARES”), which provides the terms and conditions under which the Licensed Software named above is licensed. The Licensed Software includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services.
BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE
THE LICENSED SOFTWARE. You may return it within 30 calendar days after acquiring it to your
place of purchase for a full refund (less, if applicable, shipping, handling, and any taxes),
provided that you have not installed, accessed, or used the Licensed Software. The terms and
and other information that you may provide to us in relation to the use of the Licensed Software,
can be found on our website at:
The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including:.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR THE SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE EXCEPT AS NECESSARY FOR YOUR TRIAL PERIOD.
INSTALLATION AND ACTIVATION.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of machines, to ensure that you comply with the terms of this EULA and do not exceed the maximum number of user licenses you have purchased.
The Licensed Software may require activation as explained during installation and in the Documentation. Such activation may require that you submit a serial number and register an account with us. (Note that if you are installing a trial version of the Licensed Software, you may not need a serial number to activate it, but we may limit the length of time for which you may use the Licensed Software and/or the scope of the Licensed Software Functionality.) If activation is required and not completed within the finite period of time set forth in the Documentation and/or explained during installation, then the Licensed Software will cease to function until activation has been completed, at which time functionality will be restored. If Licensee has any problem with the activation process, Licensee should contact BS SOFTWARES at http://bssoftwares.in/support.aspx.
The Licensed Software may require an internet connection to be available in order to purchase serial key.
PERSONAL DATA PROTECTION
Licensee may only make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Licensed Software or the License granted by this EULA without prior written consent of BS SOFTWARES.
The License granted by this EULA is non-exclusive. Licensee may not use the Licensed Software except as expressly permitted by this License.
If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any Update provided to Licensee is made on a License-exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, BS SOFTWARES may cease support for prior versions, without any notice to Licensee.
BS SOFTWARES may provide Updates to the content of some of its software from time to time, including but not limited to, virus definitions, URL lists, rules, driver database updates, and updated vulnerability data. These types of Updates are collectively referred to as "Content Updates." BS SOFTWARES may, at its discretion and without notice, add, modify or remove features, including Content Updates, from the Licensed Software at any time.
BS SOFTWARES is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services for an additional charge as BS SOFTWARES may offer from time to time during the term of this EULA.
You are a consumer. Nothing in this contract should prevent you from the benefit of rights granted to you by applicable consumer regulation.This EULA is subject to, and will be governed by and construed in accordance with the substantive laws of INDIA.
Any dispute arising out of, or in connection with this EULA shall be referred to the exclusive jurisdiction of the Courts of Jamshedpur,Jharkhand. This software is available only for sale in India,If any internationl sales happen then also it will be jurisdiction of the Courts of Jamshedpur,Jharkhand.
LIMITED WARRANTY ON MEDIA
BS SOFTWARES warrants that the media on which the Licensed Software is distributed will be free from material defects for a period of 10 days from the date the Licensed Software is delivered to Licensee. If Licensee discovers a defect in the media during this 10-day period, Licensee may return the defective media to BS SOFTWARES, and Licensee's sole remedy is to have either the defective media replaced, or at BS SOFTWARES sole option, a refund of the money that Licensee paid for the Licensed Software.
NO WARRANTY ON LICENSED SOFTWARE
THE LICENSED SOFTWARE (EXLUDING THE MEDIA ON WHICH IT IS DISTRIBUTED) AND ALL BS SOFTWARES RELATED WEBSITES AND SERVICES ARE PROVIDED TO LICENSEE "AS IS" AND “AS AVAILABLE,” AND BS SOFTWARES AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO THEIR USE OR PERFORMANCE. BS SOFTWARES AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION: QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE LICENSED SOFTWARE OR ANY RELATED BS SOFTWARES WEBSITES OR SERVICES; QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE LICENSED SOFTWARE OR RELATED BS SOFTWARES WEBSITES OR SERVICES; ANY REPRESENATION OR WARRANTY THAT THE USE OF THE LICENSED SOFTWARE OR ANY RELATED BS SOFTWARES WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ALWAYS AVAILABLE (WHETHER DUE TO INTERNET FAILURE OR OTHERWISE), ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND ONLY TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL BS SOFTWARES, OR BS SOFTWARES SUPPLIERS OR LICENSORS, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS (INCLUDING WITHOUT LIMITATION THOSE BASED ON THE USE OR THE INABILITY TO USE THE LICENSED SOFTWARE OR ANY BS SOFTWARES RELATED WEBSITES OR SERVICES), EVEN IF A REPRESENTATIVE OF BS SOFTWARES OR ONE OF BS SOFTWARES SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. IN ANY CASE, THE AGGREGATE LIABILITY OF BS SOFTWARES, AND BS SOFTWARES, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, OR decided by BS SOFTWARES.
SURVIVAL OF DISCLAIMERS
The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.
Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the applicable export control laws, notably where applicable, Indian Export Administration Act, restrictions, or regulations (collectively the "Export Laws.") All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.
INTELLECTUAL PROPERTY OWNERSHIP
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, BS SOFTWARES, and by third parties whose intellectual property has been licensed by BS SOFTWARES. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of BS SOFTWARES and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the INDIA and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Licensed Software.
RESERVATION OF RIGHTS
BS SOFTWARES reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to BS SOFTWARES intellectual property rights, and to the intellectual property rights of third parties licensed by BS SOFTWARES. All rights are reserved under the copyright laws of INDIA and BS SOFTWARES,Kalimati Road,Sakchi,Jamshedpur,Jharkhand,India.
This EULA may only be modified, supplemented or amended by a writing signed by an authorized officer of BS SOFTWARES.
If Licensee breaches this EULA, and fails to cure any breach within 10 calendar days after request from BS SOFTWARES, or BS SOFTWARES authorized representative, BS SOFTWARES may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to BS SOFTWARES all copies of the Licensed Software, or verify in writing that all copies of the Licensed Software have been destroyed. .