End User License Agreement

Driver Whiz is certifed as a Trusted Download Program by TRUSTe signifying that the Driver Whiz application has been tested TRUSTe for compliance with TRUSTe’s TDP program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding the Driver Whiz application, please contact us at 383 Media, Inc., 4683 Chabot Drive, Suite 220, Pleasanton, CA 94588 or by email at driverwhiz@driversupport.com or by phone at 512.373.3518. If you are not satisfied with our response you can contact TRUSTe here.

IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE USING 383 MEDIA, INC. SOFTWARE. 383 MEDIA, INC., LP AND/OR ITS SUBSIDIARIES (“383 MEDIA, INC.”) IS PLEASED TO LICENSE THE 383 MEDIA, INC. SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TO BELOW AS “YOU” OR “YOUR”) ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND 383 MEDIA, INC.. BY CLICKING ON THE “AGREE” OR “YES” BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, INSTALLING THE DOWNLOADED SOFTWARE, ACCESSING THE SOFTWARE ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAINING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE “AGREE”, “ACCEPT”, OR “YES” BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT USE OR ACCESS THIS SOFTWARE.

Driver Whiz is a Windows driver update utility that provides a fast and effective way to find and install the correct drivers necessary to keep your devices functioning and up to date leading to a fully functional, stable and optimally performing PC.

1. License

1.1 The software which accompanies or is accessible through this license (collectively the “Software”) is the property of 383 MEDIA, INC. or its licensees and is protected by copyright law. While 383 MEDIA, INC. continues to own the intellectual property rights to the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that 383 MEDIA, INC. may furnish.

1.2 The software is installed as a free trial and is only able to be used with all of its features after the purchase of a license key.

1.3 You may uninstall this Software at any time, using the standard uninstall procedures as offered with your computer’s Operation System, by accessing the computer’s “Control Panel>Add/Remove Programs” folder, selecting ‘Driver Whiz’ from the list of installed applications, and clicking the “Change/Remove” button

A. Please note that some artifacts will remain on your system after you have uninstalled this Software. These artifacts cannot be removed by the uninstall process but can be removed manually using standard file/folder/registry-entry deletion methods. Also note that these folders and files are innocuous and cannot be used in any active or passive way by anyone or any system.
a. “c:\Windows\Installer” folder may contain some files starting with “msi” with an extension of “tmp”. Use the uninstall date and time to determine which ones belong to this software. For further information about the temporary files that will remain, and whether they can be safely removed, please read this Microsoft Knowledge Base article: http://support.microsoft.com/kb/2667628.
b. “c:\config.msi\”
c. The following folders will contain driver updates that you have previously downloaded:
Windows XP: “c:\Documents and Settings\*USERNAME*\My Documents\Downloads\Driver Whiz\”
Vista and above: “c:\Users\*USERNAME*\Downloads\Driver Whiz\” .
d. License information:
Windows XP: “c:\Documents and Settings\All Users\Application Data\Driver Whiz\Driver Whiz\dd.lic”
Vista and above: “c:\ProgramData\Driver Whiz\Driver Whiz\dd.lic”

B. If you are offered and accept the installation of Norton’s PC Checkup application, you may also uninstall it by accessing the computer’s “Control Panel>Add/Remove Programs” folder, selecting ‘Norton PC Checkup’ from the list of installed applications, and clicking the “Change/Remove” button.
C. The software installer will offer to place a shortcut so that you can access it conveniently through the Windows desktop or quick launch bar. If you wish to not have these shortcuts created you may opt out of them during installation.
D. The software installer will install Microsoft’s .NET 2.0 libraries if not already present on your computer as this is required for the Software to function. If installed by our Software, you may uninstall the .NET libraries by accessing the computer’s “Control Panel>Add/Remove Programs” folder, selecting ‘Microsoft .NET 2.0′ from the list of installed applications, and clicking the “Change/Remove” button.
E. The software requires an Internet connection to function.

1.4 Except as may be modified by a 383 MEDIA, INC. license certificate, license coupon, or license key (collectively, “License Key”) that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows:

You are entitled to
A. use the Software on or in conjunction with up to (i) the number of computers specified by your order for the Software, or (ii) in the case of Software purchased on a CD or other physical medium, the number specified on the Software package, or (iii) if you received the Software in combination with other hardware or software, solely in conjunction with such other hardware or software;
B. transfer the Software on a permanent basis to another person or entity, provided that You first notify 383 MEDIA, INC. of Your intention in writing and that You retain no copies of the Software and the transferee agrees to the terms of this license.

1.5 Notwithstanding Section 1.3 above, if a License Key accompanies, precedes, or follows this license, You may:

A. make that number of copies of the Software licensed to You by 383 MEDIA, INC. as provided in Your License Key. Your License Key shall constitute proof of Your right to make such copies;
B. make one copy of the Software for backup purposes, or copy the Software onto the hard disk of Your computer and retain the original for backup purposes.
C. use the Software on a network if You have a licensed copy of the Software for each computer that can access the Software over that network; or

1.6 You are not entitled to:

A. use the Software in any way not authorized by this license;
B. copy the documentation which accompanies the Software;
C. sub-license, rent or lease any portion of the Software;
D. reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
E. use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version; upon upgrading the Software, all copies of the prior version must be destroyed;
F. use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version; or
G. use the Software for the purpose of creating multiple computers or hard drives not connected to the original computer, with similar or identical configurations to that of the original computer or hard drive.

2. Term; Termination

2.1. Term

The initial term of this Agreement will commence on the date you download or otherwise acquire the Software, and will continue for the term you specified in your order for the Software, or if you received the Software in combination with other hardware or software, the term specified by your supplier. If renewal terms are available, 383 MEDIA, INC. will provide notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the ‘Term’.

2.2. Termination

383 MEDIA, INC., in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.

2.3. Effect of Termination

On the expiration or termination of this Agreement, you will cease using the Software, 383 MEDIA, INC. may cease making Updates available to you, and the Software may cease functioning. Sections 1.4, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13 will survive the expiration or termination of this Agreement.

3. Ownership
383 MEDIA, INC. reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software are owned by 383 MEDIA, INC. or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.

4. Content Updates

You acknowledge that certain 383 MEDIA, INC. software products utilize content that is updated from time to time. For example, driver update products utilize updated computer components, drivers and file versions, and/or updated BIOS versions; and content delivery features utilize updated URL links, etc. (collectively, “Content Updates”). You may obtain Content Updates during any period for which You have (i) purchased a subscription for Content Updates for the Software (including any subscription included with Your original purchase of the Software), (ii) purchased upgrade insurance for the Software, (iii) entered into a maintenance agreement that includes Content Updates, or (iv) otherwise separately acquired the right to obtain Content Updates. Except to the extent expressly stated above, this license does not permit You to obtain and use Content Updates. You further acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.

5. Warranty

383 MEDIA, INC. warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of Your purchase of the Software (the “Warranty Period”). Your sole remedy in the event of a breach of this warranty will be that 383 MEDIA, INC. will replace any defective media returned to 383 MEDIA, INC. within the Warranty Period or, if Section 6 below applies, refund the money You paid for the Software. 383 MEDIA, INC. does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or error-free. In order to exercise your rights under this Section 5, you must uninstall and destroy all copies of the Software you may have made (including all archival copies), and (i) if you purchased the Software by download, follow the instructions on the confirmation email you received in connection with the purchase, or (ii) for all other purchases, return the Software in its original package, along with your receipt, to the point of purchase.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

6. Money Back Guarantee

If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, You are entitled to receive a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes) by so notifying 383 MEDIA, INC. Customer Service or the Dealer in writing at any time during the thirty (30) day period following the date of purchase (the “Guarantee Period”). If You received the Software as a “bundled” product with the purchase of Your PC or other computer component, or if You fail to notify 383 MEDIA, INC. Customer Service or the Dealer within the Guarantee Period, You are not entitled to a refund.

7. Privacy

7.1. 383 MEDIA, INC. may deliver any notice to you via pop-up window, dialog box, email or other means, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date 383 MEDIA, INC. first makes it available through the Software, irrespective of when you actually receive it.

7.2 You acknowledge that 383 MEDIA, INC. collects certain information regarding the users of the Software, including certain personally identifiable information. You hereby consent to 383 MEDIA, INC.’ collection and use of such information, and agree that 383 MEDIA, INC.’ collection and use of such information will be governed by 383 MEDIA, INC.’ Privacy Policy, currently published at www.driversupport.com/privacy-policy/ as 383 MEDIA, INC. may revise the same from time to time.

8. Disclaimer of Damages

EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, 383 MEDIA, INC. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. 383 MEDIA, INC. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.

9. Limitation of Liability

9.1. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY:

(A) IN NO EVENT WILL 383 MEDIA, INC. OR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANY DEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USE OF THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS, INCLUDING BUT NOT LIMITED TO, CONTENT UPDATES, DRIVERS OR OTHER FILES RECEIVED FROM ANY THIRD PARTY (COLLECTIVELY, “THIRD PARTY PRODUCTS”), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY”S) USE OF THE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTION WITH THIRD PARTY PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BE ADDRESSED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND SUCH THIRD PARTIES.

(B) IN NO EVENT WILL 383 MEDIA, INC. OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF 383 MEDIA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(C) IN NO EVENT WILL 383 MEDIA, INC.’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.

9.3. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.

10. Taxes

You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software.

11. Government Users

If the Software is downloaded or accessed by or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), it is provided with Restricted Rights. Use, duplication, or disclosure of the Software by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

12. Export Control

The Software and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported except as authorized by United States laws and the laws of the jurisdiction in which the Software was obtained. In particular, the Software may not be exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, accessing or using the Software, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

13. General Terms

13.1 This agreement is governed by the laws of the State of Texas, and the relevant courts of the State of Texas have exclusive jurisdiction over any dispute arising out of Your use of the Software. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

13.2 This Agreement was originally prepared in the English language. Although 383 MEDIA, INC. may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.

13.3 This agreement constitutes the entire agreement between you and 383 MEDIA, INC. with respect to this transaction and any prior statements or representations. Any changes to this agreement must be made in writing, signed by an authorized representative of 383 MEDIA, INC..

383 MEDIA, INC. Software Product
4683 Chabot Drive, Suite 220
Pleasanton, CA 94588

Phone: 512.373.3518
Fax: 254.983.9179

driverwhiz@driversupport.com