End User License Agreement (EULA)
PLEASE READ THIS AGREEMENT PRIOR TO INSTALLING OR USING THIS SOFTWARE.
Notification: Permission to use this software (“software”) is conditional upon you as the end user and licensee (“you”), agreeing to the terms and conditions set out below (“this agreement”).
You will not be able to install the software until you have read and accepted all the terms of this agreement and wish to become the licensee of the software. Acceptance shall bind you and all of your employees to the terms of this agreement.
By and clicking the “Next” button at the bottom of this screen will be deemed to be your acceptance of the following terms and you will become the licensee of the software. We suggest you print a copy for your records.
IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS, DO NOT PRESS THE “NEXT” BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER. PLEASE BE AWARE THAT THERE ARE ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
2. EVALUATION VERSION. You are installing an Evaluation Version of Total System Care with limited software capabilities. The Evaluation Version can search for items and present scan results to you; however will not attempt to resolve the identified items. You have the option of subscribing to or purchasing a Total System Care license for $29.99 USD in order to activate the function required to clean items identified by the software.
4. SCHEDULED TASKS. By installing this software you acknowledge that the application will create and run scheduled tasks on your computer. Scheduled tasks are enabled by default and can be disabled by you at any time from within the application settings. Payment is not required to disable, enable or amend the scheduled tasks created by this software.
5. PAYMENT. Your license grant to our Software is subject to your payment for our Software. You must pay with a valid credit card; this payment information will be collected by our third party payment processor.
6. DISCLAIMER OF WARRANTIES. OUR SOFTWARE IS OFFERED “AS-IS”. SAFEBYTES MAKES NO REPRESENTATIONS THAT THE SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE SOFTWARE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFEBYTES, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO OUR SOFTWARE. SAFEBYTES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, WHICHEVER IS SOONER. SAFEBYTES, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
WE ARE NOT LIABLE FOR ANY FAILURE OF OUR SOFTWARE, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENTS ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY. THE DELIVERY OF SOFTWARE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “DISCLAMER OF WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
YOU AGREE TO RELEASE US FROM ANY LIABILITY REGARDING YOUR USE OF OUR SOFTWARE. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL SAFEBYTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES WITHIN THE SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY OF OUR SOFTWARE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SOFTWARE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT THAT YOU EXPERIENCE A PROBLEM WITH A THRID PARTY WHILE USING OUR SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY IS WITH THAT THIRD PARTY AND NOT SAFEBYTES. SAFEBYTES IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF SOFTWARE OR PRODUCTS PURCHASED FROM OUR SITE. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SAFEBYTES, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Total System Care software, whether arising in tort or contract, law or equity;
Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.SAFEBYTES SHALL NOT BE LIABLE FOR ANY OTHER REASON OR FOR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS CLAUSE IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SAFEBYTES, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
8. INDEMNITY. You agree to indemnify and hold SafeBytes and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Software, related services or breach of this Agreement. SafeBytes reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by SafeBytes in the defense of any Claims.
9. CHOICE OF LAW. This Agreement shall be governed by the laws in force in the county of Palm Beach, FL USA. The offer and acceptance of this contract is deemed to have occurred in the county of Palm Beach, Florida USA.
10. ARBITRATION. Any dispute relating in any way to this Agreement shall be submitted to confidential arbitration in the county of Palm Beach, Florida, USA. Arbitration under this Agreement shall be conducted pursuant to the then applicable rules (“Rules”) of Palm Beach County, Florida. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules, the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located in Palm Beach County, Florida, USA.
11. FORCE MAJEURE. You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, invasions, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
12. SEVERABILITY. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, SafeBytes shall have the sole right to elect which provision remains in force.
13. NON-WAIVER. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
15. ASSIGNMENT. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
16. INSTALLATION LOCATION AND UNINSTALL. DriverAssist will install to: Local Disk (C):\Users[your user name here]\AppData\Local\DriverAssist. Driver Assist uses the Squirrel installation framework to ensure an easy and successful installation for our valued users. Squirrel is both a set of tools and a library designed to entirely manage both installation and updating your Driver Assist application. If a user chooses to uninstall Driver Assist, please note that Squirrel will leave behind 2 files in the Local Disk (C):\Users[your user name here]\AppData\Local\DriverAssist folder. These are the “Update.exe” application and the “.Dead” file. Both of these files can be removed by navigating to the Local Disk (C):\Users[your user name here]\AppData\Local folder and right clicking on the DriverAssist folder and selecting “Delete”.
- If you are a resident of the USA or Canada, to the extent permissible by local law or regulation, you agree that the resolution of any Dispute shall be conducted on an individual, not a class-wide basis (“Class Action Waiver”), and that no such proceeding may be consolidated with any other legal proceedings involving SafeBytes or any other person. You further agree that you, and anyone asserting a claim for you, will not be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding against SafeBytes.
18.1 United States Residents
18.1.1 The resolution of any Dispute by a resident of the United States is agreed by you and SafeBytes to be subject to the following conditions:
18.1.2 All Disputes arising from or relating to these Terms and Conditions shall be resolved in binding arbitration (“U.S. Arbitration Agreement”) in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., which shall govern the interpretation and enforcement of this U.S. Arbitration Agreement.
You and SafeBytes agree that any and all disputes, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court by a judge or jury.
18.1.3 Limitations Period: The party seeking relief shall serve a demand for arbitration on the other party within a reasonable time after the Dispute has arisen, and in no event shall demand be made after two years from when the aggrieved party knew or should have known of the Dispute.
18.1.4 SafeBytes and you agree that the arbitrator of any Dispute may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action).
18.1.5 If the Class Action Waiver or any portion thereof is found to be illegal or unenforceable, then the U.S. Arbitration Agreement set forth herein will be unenforceable, and the Dispute will be decided by a court.
18.1.6 The arbitration proceedings shall be before a neutral arbitrator in a location within the continental United States that is convenient to you. If you and SafeBytes are not able to agree upon the selection of an arbitrator within thirty days after the commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association (“AAA”). The arbitration shall be administered pursuant to the AAA’s Commercial Arbitration Rules and Mediation Procedures and Supplementary Procedures for Consumer-Related Disputes. If required for the enforceability of this U.S. Arbitration Agreement under the Federal Arbitration Act, SafeBytes will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
18.2 Canadian Residents
18.2.1 Canadian residents consent to have any Dispute arising from these Terms and Conditions resolved pursuant to the following procedure:
18.2.2 Notice and Negotiation. You will give SafeBytes notice of any Dispute arising from these Terms and Conditions. Following such notification the parties shall meet at a mutually acceptable time and place within 30 days after delivery of such notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the Dispute. If the parties have not resolved the Dispute within 90 days of the disputing party’s notice, the parties may initiate mediation as set out below.
18.2.3 Mediation. If the Dispute has not been resolved by negotiation as provided above within 90 days of notice being given, any such Dispute will be referred to and determined by private confidential mediation before a single mediator chosen by the parties and at their joint cost. For avoidance of doubt, you expressly understand and agree that you may only mediate matters in your individual capacity and cannot mediate the claims of any other person or on behalf of a class of persons.
18.2.4 Arbitration. Should the parties after mediation in good faith fail to reach a settlement of any dispute the issue(s) between them shall be determined by private, confidential and binding arbitration by the same person originally chosen as the mediator. For avoidance of doubt, you expressly understand and agree that you may only arbitrate matters in your individual capacity and cannot arbitrate the claims of any other person or on behalf of a class of persons.
18.2.5 Legal Proceedings. In the event that the applicable jurisdiction prohibits binding arbitration in respect of the claimant or the circumstances related to the claim, and the parties after mediation in good faith fail to reach a settlement of any Dispute, either party may refer any remaining Dispute to adjudication through a court of competent jurisdiction.LAST MODIFIED: 2020-06-10
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