These license terms are an agreement between Systweak Software ("Systweak") and you. Please read them. These terms apply to the Advanced Driver Updater software ("ADU"), including the media on which you received it, if any. These terms also apply to any updates, supplements, and support services for ADU, unless other terms accompany those items. If so, those terms apply.By selecting "I accept the agreement" or using ADU, you accept these terms. If you do not accept them, do not select "I accept the agreement" and/or do not use ADU.
The license of ADU has a validity of 1 year. The licensed full retail version of ADU will contain full functionality and you will be provided support services in the English language and upgrades for the period which you purchased ADU (the "Term").After 1 year (the "Term"), the license key of the program will stop working and the program will convert to the trial version. You will have to purchase another license key to continue using the full retail version of ADU.
APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by SYSTWEAK or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to SYSTWEAK's or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.
LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to SYSTWEAK in writing at Systweak Software, 572 & 573, G-1, Tower B-1 Evolve, IT/ITeS Mahindra World City, Village Kalwara, Taluka Sanganer, Jaipur- 302037, INDIA within thirty (30) days of purchase. You agree that a failure to notify SYSTWEAK of any such claim within this thirty (30) day claim period completely releases SYSTWEAK of any responsibility, warranty or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.
EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to SYSTWEAK and to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.
CUSTOMER REMEDIES. SYSTWEAK's and its suppliers' entire liability and your exclusive remedy shall be, at SYSTWEAK's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet SYSTWEAK's Limited Warranty and which is returned to SYSTWEAK with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at SYSTWEAK's sole discretion). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by SYSTWEAK are available without proof of purchase from an authorized international source.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall SYSTWEAK or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if SYSTWEAK has been advised of the possibility of such damages. In any case, SYSTWEAK's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. SYSTWEAK specifically disclaims any express or implied warranty of fitness for such purposes.
BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that SYSTWEAK cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY. SYSTWEAK specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by SYSTWEAK that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, SYSTWEAK and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREEMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, SYSTWEAK AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.