End User License Agreement (EULA)
IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSEAGREEMENT BEFORE USING “Tech Pout” SOFTWARE. WE ARE PLEASED TOLICENSE THE “Tech Pout” SOFTWARE TO YOU AS THE INDIVIDUAL,COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TOBELOW AS “YOU” OR “YOUR”) ON THE CONDITION THAT YOU ACCEPTALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACTBETWEEN YOU AND Tech Pout BY CLICKING ON THE “AGREE”, “ACCEPT” OR“YES” BUTTON OR ANY OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OFTHIS AGREEMENT, INSTALLING THE DOWNLOADED SOFTWARE, ACCESSING THE SOFTWAREONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAININGTHE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOUDO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE“AGREE”, “ACCEPT”, OR “YES” BUTTONS OR OTHERINDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT USE ORACCESS THIS SOFTWARE.
“Tech Pout” is a driver updating utility for Windows that scans yourcomputer for outdated drivers and lets you update them in a few easy clicks.With updated drivers, you never have to complain about issues like brokensound, flickering display, slow gaming etc.
1.1 The software which accompaniesor is accessible through this license (collectively the “Software”)is the property of Tech Pout or its licensees and is protected by copyrightlaw. While Tech Pout continues to own the intellectual property rights to theSoftware, You will have certain rights to use the Software after Youracceptance of this license. This license governs any releases, revisions, orenhancements to the Software that Tech Pout may furnish.
1.2 The software will be installedas a free trial with limited functionality and will work with all of itsfeatures after the purchase of a license key.
1.3 You may uninstall this Softwareat any time, using the standard uninstall procedures as offered with yourcomputer’s Operation System, by accessing the computer’s “ControlPanel>Add/Remove Programs” folder, selecting “Tech Pout”from the list of installed applications, and clicking the“Change/Remove” button. This will remove “TechPout” from your windows pc.
- Please note that some files/folders will remain on your system after you have uninstalled this Software. These files/folders 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 safe and cannot be used in any active or passive way by anyone or any system. Software registration information will also be left behind after the uninstallation so that you may not require to register the software again if you decide to reinstall the software.
- “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.
- The software installer will offer to place a shortcut to the application so that you can access it conveniently through the Windows desktop or quick launch bar. You will be given an option to opt out of these shortcut creations at the time of installation.
- The software installer will install Microsoft”s .NET 3.5 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 3.5’ from the list of installed applications, and clicking the “Change/Remove” button.
- The software requires an Internet connection to perform functions like database updates etc.
1.4 Except as may be modified by a“Tech Pout” license certificate, license coupon, or licensekey (collectively, “License Key”) that accompanies, precedes, orfollows this license, Your rights and obligations with respect to the use ofthis Software are as follows:
You are entitled to:
Use the Software on or in conjunction with up to (i) thenumber of computers specified by your order for the Software, or (ii) in thecase of Software purchased on a CD or other physical medium, the numberspecified on the Software package, or (iii) if you received the Software incombination with other hardware or software, solely in conjunction with suchother hardware or software;
- Transfer the Software on a permanent basis to another person or entity, provided that you first notify Tech Pout Support 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 1.4above, if a License Key accompanies, precedes, or follows this license, youmay:
- Make that number of copies of the Software licensed to you by Tech Pout as provided in Your License Key. Your License Key shall constitute proof of Your right to make such copies;
- Make one copy of the Software for backup purposes, or copy the Software onto the hard drive of your computer and retain the original for backup purposes.
- 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;
1.6 You are not entitled to:
- Use the Software in any way not authorized by this license;
- Copy the documentation which accompanies the Software;
- Sub-license, rent or lease any portion of the Software;
- 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;
- 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;
- Use a later version of the Software that is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version; or
- 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
The initial term of this Agreementwill commence on the date you download or otherwise acquire the Software, andwill continue for the term you specified in your order for the Software, or ifyou received the Software in combination with other hardware or software, theterm specified by your supplier. If renewal terms are available, Tech Pout willprovide notice offering you the opportunity to purchase renewals at thethen-current renewal price. The initial term and any renewals purchased arereferred to in this Agreement as the ‘Term’.
Tech Pout, in addition to such otherrights may be available at law or equity, shall be entitled to terminate thisAgreement at any time without notice if you commit a material breach of thisAgreement.
2.3. Effect of Termination
On the expiration or termination ofthis Agreement, you will cease using the Software, Tech Pout may cease makingUpdates 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 terminationof this Agreement.
Ownership Tech Pout reserves allrights in the Software not expressly granted by this Agreement. All copyrights,trademarks and other conceivable intellectual property rights in and to theSoftware are owned by Tech Pout or its licensors, and are protected by UnitedStates and foreign copyright laws, international treaties and other applicablelaws. Any copy of the Software you are allowed to make pursuant to thisAgreement must contain the entire copyright and other notices included with theoriginal copy of the Software.
You acknowledge that certain TechPout software products utilize content that is updated from time to time. Forexample, “Tech Pout” products utilize updated computer components,like registry structure etc. & content delivery features utilize updatedURL links, etc. (collectively, “Content Updates”). You may obtainContent Updates during any period for which You have (i) purchased a subscriptionfor Content Updates for the Software (including any subscription included withYour original purchase of the Software), (ii) purchased upgrade insurance forthe Software, (iii) entered into a maintenance agreement that includes ContentUpdates, or (iv) otherwise separately acquired the right to obtain ContentUpdates. Except to the extent expressly stated above, this license does notpermit you to obtain and use Content Updates. You further acknowledge that youmust routinely download and permit installation of Updates in order to obtainmaximum benefit from the Software and to keep your windows PC functioning in anoptimal state.
Tech Pout warrants that the media onwhich the Software is distributed will be free from defects for a period ofthirty (30) days from the date of your purchase of the Software (the“Warranty Period”). Your sole remedy in the event of a breach of thiswarranty will be that Tech Pout will replace any defective media returned to TechPout within the Warranty Period or, if Section 6 below applies, refund themoney you paid for the Software. Tech Pout does not warrant that the Softwarewill meet your requirements or that operation of the Software will beuninterrupted or error-free. In order to exercise your rights under thisSection 5, you must uninstall and destroy all copies of the Software you mayhave made (including all archival copies), and (i) if you purchased theSoftware by download, follow the instructions on the confirmation email youreceived in connection with the purchase, or (ii) for all other purchases,return the Software in its original package, along with your receipt, to thepoint of purchase.
THE ABOVE WARRANTY IS EXCLUSIVE ANDIN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOUSPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TOSTATE AND COUNTRY TO COUNTRY.
6.Money Back Guarantee
If You are the original licensee ofthis copy of the Software and are not completely satisfied with it for anyreason, You are entitled to receive a refund of the money You paid for theSoftware (less shipping, handling, and any applicable taxes) by so notifying TechPout Customer Service or the Dealer in writing at any time during the sixty(60) day period following the date of purchase (the “GuaranteePeriod”). If you received the Software as a “bundled” productwith the purchase of Your PC or other computer component, or if you fail tonotify Tech Pout Customer Service or the Dealer within the Guarantee Period,You will not entitled to a refund.
7.1. Tech Pout may deliver anynotice to you via pop-up window, dialog box, email or other means, even thoughyou may not receive the notice unless and until you launch the Software. Anysuch notice will be deemed delivered on the date Tech Pout first makes itavailable through the Software, irrespective of when you actually receive it.
7.2. You acknowledge that Tech Poutcollects certain information regarding the users of the Software, includingcertain personally identifiable information. You hereby consent to Tech Poutfor collection and use of such information, and agree that Tech Pout’collection and use of such information will be governed by Tech Pout’ PrivacyPolicy and that Tech Pout may revise the same from time to time.
8.Disclaimer of Damages
EXCEPT AS EXPRESSLY PROVIDED BYSECTION 5 OF THIS AGREEMENT, Tech Pout DISCLAIMS ALL OTHER WARRANTIES WITHRESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTYOF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEAND IMPLIED WARRANTY OF NONINFRINGEMENT.Tech Pout DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BEUNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on animplied warranty, so the above limitations may not apply to you. You may haveother 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 THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOTHE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9.2. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILSOF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY:
(A) IN NO EVENT WILL Tech PoutOR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANYDEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USEOF THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS,INCLUDING BUT NOT LIMITED TO, SOFTWARE VERSION UPDATES, CONTENT UPDATES, OROTHER FILES RECEIVED FROM ANY THIRD PARTY (COLLECTIVELY, “THIRD PARTYPRODUCTS”), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY’S) USE OFTHE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTIONWITH THIRD PARTY PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BEADDRESSED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND SUCH THIRD PARTIES.
(B) IN NO EVENT WILL Tech PoutOR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE,INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISINGOUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Tech Pout HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(C) IN NO EVENT WILL Tech Pout’sOR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.
9.3. THE DISCLAIMERS AND LIMITATIONSSET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
You shall be responsible for thepayment of all sales, use and similar taxes relating to the license of theSoftware as applicable to your state/country and the respective taxationstructure.
If the Software is downloaded oraccessed 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 torestrictions as set forth in subparagraph (c)(1)(ii) of the Rights in TechnicalData and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1)and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR52.227-19, as applicable.
The Software and the underlyinginformation and technology may not be downloaded, accessed or otherwiseexported or re-exported. You must comply with all domestic and internationalexport laws and regulations that apply to Tech Pout. These laws includerestrictions on destinations, end users and end use. You agree not to exportthis software or related licenses to any prohibited country, entity, or personfor which an export license or other governmental approval is required.Obtaining necessary licenses and approvals is solely your obligation. Bydownloading, accessing or using the Software, You agree to the foregoing andyou represent and warrant that you are not located in, under the control of, ora national or resident of any such country which might fall under any type ofrestricted list.
13.1. Indian law governs theinterpretation of this agreement and applies to claims for breach of it,regardless of conflict of laws principles. Jurisdiction over and venue of anysuit arising out of or related to this agreement will be in the state courtslocated in Jaipur, Rajasthan, India. If any provision of this agreement isfound to be invalid by any court having competent jurisdiction, the invalidityof such provision shall not affect the validity of the remaining provisions ofthis agreement, which shall remain in full force and effect. No waiver of anyterm of this agreement shall be deemed a further or continuing waiver of suchterm or any other term.
13.2. This Agreement was originallyprepared in the English language. Although Tech Pout may provide one or moretranslations for your convenience, the English version will control in the caseof any conflict or discrepancy.
13.3. This agreement constitutes theentire agreement between you and Tech Pout with respect to this transaction andany prior statements or representations. Any changes to this agreement must bemade in writing, signed by an authorized representative of Tech Pout.