EULA

WINOIDS END USER LICENSE AGREEMENT

Grant of license: upon your acceptance of the terms and conditions of this agreement, and if you do not purchase a subscription for the service, winoids grants you a limited, internal-use-only, non-exclusive, non-transferable, non-sub-licensable and revocable license to install and use one copy of the software (in object code form) to perform scans on one (1) computer. You understand that, following a scan, you will not be able to download driver updates without purchasing a subscription to the service. Any rights not expressly granted to you in this agreement are reserved by winoids and, if applicable, its suppliers.

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.

 

A. WINOIDS SOFTWARE

  1. GRANT OF LICENSE: Upon your acceptance of the terms and conditions of this Agreement, and if you do not purchase a subscription for the Service, WINOIDS grants you a limited, internal-use-only, non-exclusive, non-transferable, non-sub-licensable and revocable license to install and use one copy of the Software (in object code form) to perform Scans on one (1) computer. You understand that, following a Scan, you will not be able to download Driver Updates without purchasing a subscription to the Service. Any rights not expressly granted to you in this Agreement are reserved by WINOIDS and, if applicable, its suppliers.
  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 the terms and conditions of this Agreement and payment of the applicable subscription fee for the Service, WINOIDS grants you a limited, internal-use-only, non-exclusive, non-transferable , non-sub-licensable and revocable license to install and use the Software (in object code form) and the Service to perform Scans and to access and download Driver Updates. The Service is licensed for your internal use only and you may install the Software and use the Service on multiple computers, but only up to the number of computers specified in the particular subscription you purchase. Your account and the Service may be suspended if you (a) attempt to use the Service on more computers than your subscription allows for and (b) do not upgrade your subscription to accommodate the additional computers. Any rights not expressly granted to you in this Agreement are reserved by WINOIDS and, if applicable, its suppliers. WINOIDS or Compsquad LLC reserves the right, at any time in its sole discretion, to modify the features or functionality of the Software or Service for any reason. In addition, WINOIDS may change the provisions of this Agreement from time to time, without notice. However, if WINOIDS makes any material change to the Software, Service or this Agreement, WINOIDS will notify you through the Service or via email. After notification by WINOIDS, your continued use of the Software and Service is your acceptance of the terms of any change(s).
  2. End User Obligations: You hereby agree to the following requirements and restrictions, which shall survive any termination or expiration of this Agreement:
    • you shall not transfer, sublicense, sell, resell, assign, distribute, rent, or lease the Software or Service, in any form, to any other party;
    • 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;
    • you shall not copy or reproduce the Software, in whole or in part;
    • you shall take all reasonable steps to protect the Software and Service from unauthorized reproduction, publication, disclosure, or distribution;
    • you shall take all reasonable steps to protect the Software and Service from unauthorized reproduction, publication, disclosure, or distribution;
    • you shall not disassemble, decompile, reverse engineer, or transmit the Software or Service in any form or by any means;
    • you shall not use the Service by providing a false identity or pretending to be another person;
    • you shall not take part in any action that may breach WINOIDS intellectual property rights in the Service;
    • you shall only install the Software and use the Service on computers that you own and only for non-commercial purposes, and the Software and Service shall not be used on computers owned by other people or businesses;
    • 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;
    • you shall not create any derivative works from the Software or Service (in whole or in part);
    • you shall not impede or interrupt the Service in any way;
    • you shall not publish any benchmarking or similar type of analysis without the prior written consent of WINOIDS;
    • you shall back up the important files that reside on your computer(s) on a regular basis;
    • 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;
    • you shall install updates on your computer when prompted to ensure up-to-date Service;
    • you shall permit regular and uninterrupted communication (including access through firewalls) with the Internet in order to enable the Service;
    • you shall comply with all applicable laws, including without limitation, all applicable local, state, national and foreign laws, treaties, regulations, ordinances and directives.
  3. Ownership and Intellectual Property Rights: WINOIDS owns all right, 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 and in the Service (including but not limited to patents, pending patent applications, trademarks, copyrights, trade secrets or other intellectual property rights), shall remain with WINOIDS. 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. You will receive emails that may include company news, updates, related product or service information, etc.
  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. WINOIDS is not responsible for any damage that downloaded Driver Updates may cause to your PC.
  5. License Fee; Refunds: 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 WINOIDS refund policy for the Service.
  6. Updates; New Features: You acknowledge that WINOIDS is not required to update and maintain the Service or Software. WINOIDS may notify you of improvements, enhancements, modifications, revisions, error corrections, and new features and functions (collectively, "Updates") from time to time. In addition, you acknowledge that WINOIDS may offer optional features, functionality, services and support for or relating to the Service for fees that are in addition to any subscription fees you have paid for the Service. Any such features, functionality and services purchased by you, as well as all Updates, shall become part of the Service and be governed by the terms of this Agreement.
  7. Installation: The product is installed to the Windows Program Files folder, under the "DriverFix" directory. Once the installation process has started, it cannot be stopped, otherwise files will remain on your system without the option to remove them via uninstall process. All files installed on your system are removed as part of the uninstallation process.

C. AUTO-RENEWALS

  1. Some of our packages include yearly recurring payments.
  2. We will make sure to send you an email to remind you about your next recurring payment within 30 days before the payment's scheduled date.
  3. At any time you can contact us and submit a ticket for cancellation, our dedicated support team will process the cancellation for you, alternatively you can also contact us via live chat support to get immediate solution.

D. GENERAL

  • Term: The agreement is effective upon acceptance and remains in force until the subscription ends or the software is uninstalled. Winoids can terminate the agreement if any provisions are breached, and upon termination, the user must uninstall the software and stop using the service.

  • Warranty disclaimer: The software and service are provided "as is," with no warranties of any kind. This includes disclaimers for implied warranties such as merchantability and fitness for a particular purpose. Winoids also makes no guarantees about the effectiveness or uninterrupted operation of the service.

  • Limitation of liability: Winoids will not be liable for any damages arising from the use or inability to use the software and service. Their liability is limited to the amount paid by the user for the service.

  • Entire agreement: This section states that the agreement is the complete and final agreement between the parties and supersedes all prior communications or agreements. Any changes to the agreement must be in writing and signed by authorized representatives.

  • English language: The agreement is originally written in English, and the English version will govern in case of any translation.

  • Governing law and miscellaneous: The agreement is governed by the laws of California, and any disputes must be resolved in California courts, specifically in Santa Clara County. The agreement also includes clauses about assignment, enforceability, and the time limit for bringing actions.

  • Export regulations: The software is subject to U.S. export control laws, and users must comply with these laws, particularly regarding the export or re-export of the software to embargoed countries or individuals on certain U.S. government lists.

  • Third-party software: Portions of the software may include third-party code licensed under different terms. The agreement does not override the terms of those third-party licenses, and Winoids disclaims all warranties related to third-party software.

 

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