Driver Whiz Software Partnered with Norton by Symantec

Partnered With Norton by Symantec Disclosure

Driver Whiz Driver Software technology and support provider is PC Drivers HeadQuarters, LP.

PC Drivers HeadQuarters, Inc is the managing partner of PC Drivers HeadQuarters, LP

PC Driver HeadQuarters, LP has enter into and Partner Store Agreement with Symantec Corporation.

Please see http://www.prweb.com/releases/2011/9/prweb8593230.htm

The Partner Store Agreement includes all PC Drivers HeadQuarters, LP Brands and Value Added Resellers and are included in Symantec Logo Branding Requirements

For question and comments please use our contact page

The following is a portion of the Partner Store Agreement

PC Drivers Partner Store Agreement

(Final 3-29-11_LG)

Partner Store Agreement

Effective Date of Symantec Partner Store Agreement: March 31, 2011

End Date of Symantec Partner Store Agreement: March 30, 2012

THIS PARTNER STORE AGREEMENT (the “Agreement”) is made between Symantec Corporation, a Delaware corporation, maintaining its principal place of business at 350 Ellis Street, Mountain View, California 94043, U.S.A as licensor for the Territory of Americas (“Symantec”) and PC Drivers Headquarters, LP a Texas Limited Partnership, maintaining its principal place of business at 9433 FM 2244, Building 1, Suite 250, Austin, TX 78733 (“Partner”) (the parties collectively referred to herein as the “Parties” and individually as a “Party”), and is entered into as of March 31, 2011 (the “Effective Date”).

RECITALS

A. Partner and Symantec desire to engage in a software distribution arrangement to promote the latest versions of certain of the Symantec Products (as indicated in Exhibit A).

B. The Parties mutually desire that Partner distribute certain Licensed Software (as indicated in Exhibit

A) alongside certain Partner products and that Symantec provide a Link from within the Licensed Software to a Partner Store wherein Customers can shop to purchase full versions of Symantec Products.

NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements hereinafter set forth, Symantec and Partner agree as follows:

1.Definitions. Unless otherwise defined herein, the capitalized terms used in this Agreement, shall have the meanings given to them in Exhibit A.

2.Symantec Product Orders and Partner Store.

(a) Creation of the Partner Store. Symantec will provide a specification which shows the look and feel and functionality of the Partner Store as attached hereto as Exhibit B (the “Specifications”). Symantec or a Symantec Fulfillment Company will create the Partner Store and all links thereto. Partner hereby agrees to and approves the attached Specifications. Any requests for modifications to the Partner Store or deviations from the Specifications requires Symantec’s approval, which can be withheld in Symantec’s sole discretion. Symantec may change the Symantec Products featured on the Partner Store from time to time in its sole discretion. Any inclusion of any party’s trade names, copyrighted materials, trademarks, and/or logos on the Symantec Commerce Backend and/or the Partner Store does not relinquish any such party’s exclusive ownership or other rights in such trade names, copyrighted materials, trademarks, and logos of such party. (b) Hosting and Operating of the Partner Store. Symantec or a Symantec Fulfillment Company will host and operate the Partner Store on a server, or equipment designated by Symantec. Such operations include all order processing, tracking, and fulfillment. Any and all purchasing mechanisms and the actual sales will occur on the Symantec Commerce Backend. The Symantec Commerce Backend and the Partner Store, the applicable domain names, URLs and Links thereto are (i) to be decided by Symantec, (ii) the sole and exclusive property of Symantec, and (iii) may be changed in Symantec’s sole discretion. Symantec makes no warranties as to content or the accessibility of the Partner Store or Symantec Commerce Backend. Symantec may update the content and functionality of the Partner Store or Symantec Commerce Backend at any time, at its sole discretion and reserves the right, in its sole discretion to discontinue or modify at any time, the Symantec Products or services offered by Symantec. Symantec shall have no obligation to notify Partner of any such modification to the Partner Store or Symantec Commerce Backend, with the exception that Symantec shall promptly notify Partner of any link modifications.

(c) Linking Requirements from the Licensed Software. The links from within the Licensed Software shall go to (i) the Partner Store, which will then be linked to the (ii) Symantec Commerce Backend, where the actual order and sales mechanism for Symantec Products resides and all sales shall occur.

(d) Launch Date. Symantec agrees to use commercially reasonable efforts to cause the Partner Store to be operational by the Launch Date, which time line is subject to change based on the specific detailed requirements for the Partner Store, as provided by Partner. The timely, actual launching of the Partner Store is contingent upon the receipt by Symantec or Symantec Fulfillment Company of the deliverables required of Partner in order to complete the Partner Store. Any delay in delivery or requested changes by Partner will extend the time in which the Partner Store will be operational.

3.Licensed Software.

(a) Rights of Use and Ownership. Pursuant to the terms of this Agreement, and conditioned upon full compliance with the same, Symantec grants to Partner, a limited, revocable, non-exclusive, non-transferable right to distribute Licensed Software to its Customer(s) as: 1) part of a the Partner Bundle and 2) from the Partner Site, via download and in an unaltered form, for the purpose of allowing Customers to install and use Licensed Software on a Desktop, within the Territory and for the Term. Partner acknowledges and agrees that all right, title, and interest in the Licensed Software belongs to Symantec, including all intellectual property rights of any nature (including, without limitation, patent, trademark, copyright, trade secret and any other proprietary rights) and Partner’s sole rights are only those expressly granted by this Agreement. Further, Partner shall not distribute the Licensed Software in conjunction with any applications which may be deemed to constitute or contain computer viruses, spyware, malware or other similar applications which expose Symantec to Internet-related risk or content of any kind which violates any laws or could be construed as libelous, obscene, defamatory, pornographic or inappropriate for users of any age. All other intellectual property protections, rights and obligations (including indemnity) found within this Agreement apply to the Licensed Software. Symantec may update the content and functionality of and/or discontinue or modify Licensed Software, at any time, in its sole discretion.

(b) Content Control. Partner acknowledges that Licensed Software is/are pre-selected/made generally available in its current form by Symantec in Symantec’s sole discretion, and that Symantec will not customize any such content or information beyond what is available. Symantec makes no warranties as to content or the accessibility of Licensed Software.

(d) Discontinuation of the Licensed Software. Symantec may have a need to discontinue manufacture or support of Licensed Software if in Symantec’s reasonable discretion: (i) the Licensed Software does not substantially perform in accordance to its specifications, or (ii) the Licensed Software is being merged into a new or existing or acquired Licensed Software or (iii) continued use of the Licensed Software will cause Symantec to incur additional imminent and/or actual damages. In such case, Symantec may provide Partner with reasonable notice and the Parties will work together to migrate Partner and its customers to a substantially similar replacement product.

(e) Hosting and Electronic Download. Within one (1) month of the Effective Date, unless otherwise agreed to by the Parties, Partner shall create, host and operate the Partner Site on a Secured Server where Partner shall upload the Licensed Software to allow Customers to download and install a copy of the Licensed Software onto such Customers’ Desktops. Partner’s offer of the Licensed Software shall be in accordance with the offer flow and screen shots set forth in the specifications attached hereto as Exhibit B (the “Offer Specifications”), which shall be mutually approved by the Parties prior to the Launch Date. The Offer Specifications will include the following steps to be completed by the Partner:

(i) for those Offers generated through the Partner Bundle: (1) Prior to making an offer for the Licensed Software from the Partner Site, Partner will deliver and run the then-current Criteria Checker; (2) If the Criteria Checker indicates that Customer’s Desktop meets the Symantec requirements to download the Licensed Software, then Partner will subsequently offer the Licensed Software to Customer, according to the Offer Specifications. If the Criteria Checker indicates that Customer’s Desktop does not meet the Symantec requirements to install the Licensed Software, then partner will not present the Licensed Software offer to such Customer; and (3) if the Customer accepts (as part of the opt-out procedure mutually approved by the Parties) the Licensed Software offer, Partner will then initiate the installation of the Licensed Software by installing the then current Stub Installer on the Customer’s Desktop; or (ii) for those Offers generated through the Partner Site: (1) If the Customer accepts the EULA (as defined below) for the Licensed Software offer, Partner will then initiate the installation of the Licensed Software on the Customer’s Desktop.

(f) End User Terms. Prior to any Customer’s acceptance of an offer to download and install the Licensed Software, Partner shall notify Customers that use of Licensed Software is subject to the terms and conditions of Symantec’s end user license agreement (“EULA”). To complete download and/or installation of Licensed Software, each Customer will be afforded the opportunity to review the terms and conditions of the EULA. Customers must consent to such terms through an affirmative act. An affirmative act of consent includes, but is not limited to ‘clicking’ or otherwise accepting the EULA by choosing the ‘Accept’ button or other similar affirmation when prompted by a pop-up window or other computer command. If Customer disagrees with the EULA, Customer will be afforded the opportunity to disagree; thus, aborting installation and prohibiting Customer’s use of Licensed Software. Furthermore, Partner will accompany such Link with language that clearly informs the Customer that if they continue to download and install Licensed Software, such act, and the continued use of Licensed Software, constitutes Customer’s initial acceptance, and continued acceptance, as applicable, of the EULA. The following is an example of the substantive language that will accompany the aforementioned Link: “By clicking continue, and completing the download and installation of Licensed Software, you accept and agree to the terms of the end user license agreement found here [Link here]. Continued use of Licensed Software constitutes your continued acceptance of such terms and conditions.” Once the Customer has fully installed Licensed Software, the Customer will receive Content Updates, provided however, Symantec may, in its sole discretion, with or without notice to Partner and/or any Customer(s), discontinue providing Content Updates and/or may end the availability of Licensed Software.” The foregoing process for obtaining a Customer’s acceptance of the Licensed Software offer and Customer’s approval of the EULA shall be documented and mutually approved by the Parties in the Offer Specifications attached hereto as Exhibit B.

(g) Security Standards. If Symantec determines based on reasonable prevailing commercial standards, that there is a compromise to its brand image or there is a piracy potential (which includes, but is not limited to, in the case of a brand protection issue, the modification or compromise to the Licensed Software build or in the case of a piracy threat, an unauthorized third party providing the Licensed Software to End Users), then Partner agrees, upon written notice from Symantec, to: amend the Agreement to add Symantec’s Replication Requirements document, as appropriate, and as it is provided by Symantec, no later than sixty (60) days from the date of notice. In the case of any piracy or counterfeit issue, Partner agrees to reasonably assist with Symantec’s investigative efforts.

(h) Delivery of Licensed Software. Symantec shall deliver the applicable language version of the Licensed Software via a secure server as designated by Symantec. Thereafter, Symantec shall deliver to Partner any updates and/or upgrades to the Licensed Software made generally commercially available by Symantec during the Term of this Agreement, and Partner shall promptly make such updates and upgrades available, but in no event later than ten (10) days after Symantec provides Partner with such updates and/or upgrades.

4.Compliance with Laws. Symantec and Partner shall each comply with all applicable laws and regulations, whether foreign, federal, state or local, relating to the marketing and distribution of the Symantec Product(s) and/or the Licensed Software. Symantec and Partner shall each obtain and maintain in effect all licenses, permits and authorizations required for the performance of their obligations hereunder.

5.Export Compliance. Partner acknowledges and agrees that it will comply with all applicable export laws, regulations, and export licenses for Symantec Products and/or Licensed Software containing encryption which may require action on Partner’s behalf prior to sale or export to certain destinations, end users, or for certain end uses, including, if applicable, collecting the information outlined in Exhibit C from Customers. Partner acknowledges that Symantec Products and/or Licensed Software are subject to export, reexport and reporting laws of the United States, including but not limited to the Export Administration Regulations (EAR) for all exports; the European Union Council Regulations regarding export compliance in effect at the time of any export; and the Singapore Strategic Goods (Control) Act when exporting from those jurisdictions. Diversion contrary to applicable law is strictly prohibited. Symantec Products and/or Licensed Software are currently prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan or to any country subject to relevant EU trade sanctions, without first obtaining an export license. Additional information on U.S. trade sanctions including an up-to-date listing of embargoed or restricted countries can be found at: http://www.bis.doc.gov. Symantec Products and/or Licensed Software are prohibited for export or re-export to any person or entity on the various lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury, or other agency. Partner may not export any controlled technology, in particular goods identified as “dual use” items under the E.U. council regulations, to any military entity or to any other entity for any military purpose, nor for use in connection with chemical, biological or nuclear weapons or missiles capable of delivering such weapons. Symantec and Partner shall each obtain and maintain in effect all export licenses, permits and authorizations as required. Export classification information for Symantec Product and/or Licensed Software ispublished on the following URL: http://www.symantec.com/content/en/us/about/media/Web_Product_Matrix.pdf.

In the event that Partner acts as importer of record, Partner will provide Symantec with the following information specific to each location where Partner wishes Symantec Product and/or Licensed Software to be located: complete legal name and street address of each location, contact name and telephone number for each location,and name and contact information for the end-users customs broker in the importing country when applicable. Furthermore, Partner agrees that is responsible for and will pay any duties or taxes related to such import activity and, if requested by Symantec, will provide Symantec with any applicable freight forwarder information.

6.RESTRICTED RIGHTS LEGEND. All Symantec Products and/or Licensed Software and documentation are commercial in nature. The software and software documentation are “Commercial Items”, as that term is defined in 48 C.F.R. section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable.

Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Symantec’s computer software and computer software Documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this Agreement. Manufacturer is Symantec Corporation, 350 Ellis Street, Mountain View, California 94043.

7.Advertising and Marketing.

(a) Press Releases. Partner agrees that it shall have no right to issue any press release concerning this contractual relationship or Symantec without Symantec’s prior review and prior written approval.

(b) Materials. Any marketing materials, press releases, advertisements or other communications, including content posted on web sites, that mention the other Party’s name, products, or services must be submitted to the other Party for prior written approval, prior to print, circulation, and distribution.

(c) Marketing Activities. Partner warrants that every marketing activity in relation to this Agreement will be undertaken in compliance with then current industry best practices and all local, state and federal laws and regulations, as well as Partner’s own policies concerning privacy and spam. Partner represents that all e-mail messages sent by it concerning Symantec Products, Licensed Software, and services offered under this Agreement must be in a format that clearly identifies to the recipient that the email is being sent by Partner and not Symantec. Symantec will not provide any Symantec customer email lists for any marketing emails and Partner shall supply its own lists. Partner further agrees to indemnify, hold harmless, and at Symantec’s request, defend Symantec and its directors, officers, employees, contractors and agents from any claims, liability, damage, cost and expense (including reasonable attorneys’ fees and costs of suit) to the extent they arise out of a breach of any of the foregoing representations or warranties.