Smart Driver Care License Terms
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Systweak Software ("Company") for the Company software Smart Driver Care, that accompanies this EULA, which includes Device software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
BY PROCEEDING TO INSTALL, COPY OR OTHERWISE USING THE SOFTWARE, YOU GIVE YOUR EXPLICIT CONFIRMATION TO ACCEPTANCE OF THIS EULA, OR THE EULA ACCOMPANYING THE COPY OF SOFTWARE THAT YOU MAY HAVE RECEIVED WITH THE SOFTWARE.
1. GRANT OF LICENSE
Company grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use.
You may install, use, access, display and run one copy of the Software on the number of Devices, such as a workstation, terminal, or other device ("Device"), as allowed by your license agreement.
1.2 Mandatory Activation.
if Applicable, the license rights granted under this EULA are limited to the trial period (“Trial”) after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You can activate the Software through the use of the Internet; toll charges may apply. You may also need to reactivate the Software if you modify your Device hardware or alter the Software. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. Company will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to use the Software or install future Software updates. Company will not collect any personally identifiable information from your Device during this process, however, there may be information to identify your device, which is collected during this process. The terms in this section may or may not apply to your copy of the Software and can be confirmed by sending a mail to support, or your point of purchase.
1.3 Storage/Network Use.
You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run Software on your other Workstation Devices over an internal network; however, you must acquire and dedicate an additional license for each separate Device on or from which Software is installed, used, accessed, displayed or run. Except as otherwise permitted, a license for Software may not be shared or used concurrently on different Devices.
You may uninstall this Application at any time, using the standard uninstall procedures as offered with your computer's Operating System, by accessing the computer's "Control Panel>Uninstall a Program" folder, selecting Software from the list of installed applications, and clicking the "Uninstall" button. This will remove Software from your Windows PC. The instructions or steps may be different based on the Operating System, Version and Device in use. 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 after a reboot. You may get a prompt regarding this when the Uninstall process is underway. On some devices and OS, Software registration information will be left behind after the uninstall so that you may not require to register the Software again, if you decide to reinstall the Software. The Software installer will offer to place a shortcut to the Software so that you can access it conveniently through the desktop or quick launch bar. You may be given an option to opt out of these shortcut creations at the time of installation. The Software installer may install Microsoft .NET or other libraries and if not already present on your computer as they may be required for the Software to function. If installed by our Software, you may uninstall the .NET libraries by accessing the computer's "Control Panel>Uninstall a Program" folder, selecting 'Microsoft .NET 3.5 SP1' from the list of installed applications, and clicking the "Uninstall" button. The Software requires an Internet connection to perform functions like database updates, etc.
You may have acquired the Software from a source other than Company website as the Company distributes the Software through Resellers, Affiliates, Stores, Distributors etc. Regardless of source of acquisition, the EULA and its terms shall be applicable to you, should you continue to Install and Use the Software. There may be additional terms and policies applicable to your Installation and usage of the Software, which shall depend on the source of acquisition.
You can acquire Software from the App Store. Software may be free to download when you acquire it from the App Store, and it will have basic features enabled for access. You can check the list of the basic and premium features on the website of Software. The complete features of the Software, including the "basic" and "premium" features, can be activated by making a payment and subscribing to the license of these "premium features". In case there is a "free trial version", you may also have the opportunity to try the "premium" features during this trial period. After the expiry of the trial-period, and/or after your payment for "premium features", an auto-renewing subscription period will start on a regular basis.
Please note the following information specifically for Apple® App Store:
1.5.1: Payment will be charged to your iTunes account at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period.
1.5.2: Account will be charged for renewal within 24-hours prior to the end of the current period
1.5.3: Current subscription may not be canceled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase.
1.5.4: Any unused portion of any free trial period will be forfeited when you purchase a subscription.
Systweak is not affiliated with Apple, Inc. Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries and regions.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Internet-Based Services Components.
Software may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Company may automatically check the version of Software and/or its components that you are utilizing and may provide upgrades or fixes to Software that will be automatically downloaded to your Device. The Software may also display periodic updates and information regarding Software and your License, by downloading it from the internet.
2.2 Update Features.
If you choose to utilize the driver update features within Software (if available), it is necessary to use certain Device system, hardware, and software information to implement the features. By using these features, you explicitly authorize Company or its designated agent to access and utilize the necessary information for updating purposes, which may or may not include information required to identify your device including, but not limited to, configuration, software, geo-location and IP address. Company may use this information solely to improve our software or to provide customized services or technologies to you. Company may disclose this information to others, but not in a form that personally identifies you. The components of the Software also need to be updated from time to time and therefore version information of your Software may be shared with the Company, along with other Device information, solely for checking and providing the Update.
2.3 Platform Support.
The Software and/or its associated packaging and materials may contain statements about system configuration requirements or operating system compatibility. Company specifically disclaims any and all compatibility support for platforms where manufacturer support has been discontinued. Company also specifically disclaims any and all compatibility support for platforms mentioned on the packaging and material as all information provided is indicative only. Internet and software are a dynamic-marketplace, and it is not possible to keep compatibility information current. In case you have purchased Software, which is not compatible with your Platform, please contact our support team for a complete refund, without Activating the Software. If the Software is installed and activated on your Device then it is not incompatible with the Device and Platform.
2.4 FUNCTIONAL CHANGES.
You may have licensed the Software from a source other than Company website as the Company distributes the Software through Resellers, Affiliates, Stores, Distributors etc. Regardless of source of acquisition, the EULA and its terms shall be applicable to you, should you continue to Install and Use the Software. There may be additional terms and policies applicable to your Installation and usage of the Software, which shall depend on the source of acquisition.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
Company reserves all rights not expressly granted to you in this EULA. Software is protected by copyright and other intellectual property laws and treaties.
Company or its suppliers own the title, copyright, and other intellectual property rights in Software. Software is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services with Software.
6. CONSENT TO USE OF DATA.
VPN Services are NOT AVAILABLE in countries where they are prohibited, or where it is commercially not viable for the Company to provide the product and services while following the rules and regulations of the country/state. VPN services are currently NOT available in India and if you have purchased VPN services from India then you are required to stop using the VPN services immediately.
7. LINKS TO THIRD PARTY SITES.
You may link to third party sites through the use of Software. The third-party sites are not under the control of Company, and Company is not responsible for the contents of any third-party sites, any links contained in third party sites, or any changes or updates to third party sites. Company is not responsible for webcasting or any other form of transmission received from any third-party sites. Company is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Company of the third-party site. Company may get a referral commission from these third-party sites in case you interact with these sites or make a purchase there.
8. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of Software that Company may provide to you or make available to you after the date you obtain your initial copy of Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Company reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of Software.
THIRD PARTY COMPONENTS. Software may include certain third party components. These are licensed for redistribution and Company shall ensure that their use in the Software is compliant with the license terms of the components. You can see the updated list of such components from www.systweak.com/third-party-notices. While Company will take all measures to keep this list updated, there may be certain changes between the time you access it and it is updated. Please ask for an updated version in case you require one by sending an email to firstname.lastname@example.org.
To use Software identified as an upgrade, you must first be licensed for Software identified by Company as eligible for the upgrade. After upgrading, you may no longer use Software that formed the basis for your upgrade eligibility.
10. NOT FOR RESALE SOFTWARE.
Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. EXPORT RESTRICTIONS.
You acknowledge that Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
12. SOFTWARE TRANSFER. INTERNAL.
You may move Software to a different Device. After the transfer, you must completely remove Software from the former Device. Transfer to Third Party. The initial user of Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of Software. This transfer must include all of Software (including all component parts, the media and printed materials, any upgrades, this EULA etc). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving Software must agree to all the EULA terms.
Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of Software and all of its component parts.
14. LIMITED WARRANTY.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Company, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if Software does not meet Company's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 16 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Company's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to Software shall be, at Company's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for Software, or (b) repair or replacement of Software, that does not meet this Limited Warranty and that is returned to Company with a copy of your receipt, or (c) US$5.00. You will receive the remedy elected by Company without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping Software to Company). This Limited Warranty is void if failure of Software has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or ten (10) days, whichever is longer, and Company will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Company's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Company are available without proof of purchase from an authorized international source.
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 or otherwise seen impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by Company or its agents to market and promote this Software to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to Company'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.
15. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Company and its suppliers provide Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether 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 reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to Software, and the provision of or failure to provide support or other services, information, software, and related content through Software or otherwise arising out of the use of Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO SOFTWARE. Company specifically disclaims any representation or warranty for the amount of performance increase or utility provided by Software. Software will not necessarily increase performance or provide a utility benefit on your Device, and Company makes no claim of specific deficiency, defect, or underperformance with respect to your Device. Any claims of performance increases or utility made for Software are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular Device. Each Device is different and the scenarios under which they are used are different, and no claim is made that any one Device or usage scenario shall result in any performance increase or utility benefit from Software. IN CASE YOUR SOFTWARE HAS A DATA RECOVERY MODULE, IT IS CLARIFIED THAT SOFTWARE MAY OR MAY NOT BE ABLE TO RECOVER ANY SPECIFIC FILES, FOLDERS, DATA, IMAGES, VIDEOS, OR OTHER DIGITAL CONTENT. BY CHOSING TO USE SOFTWARE, YOU ACCEPT THAT SOFTWARE MAY OR MAY NOT RECOVER ANY DESIRED DATA FROM YOUR COMPUTER OR ANY OTHER DEVICE, AND YOU AGREE TO WAIVE ANY CLAIMS WHATSOEVER WITH REGARDS TO THE PERFORMANCE OR NON-PERFORMANCE OF SOFTWARE OR ANY OTHER ASSOCIATED PRODUCT OR SERVICE.
VPN SERVICE DISCLAIMER. VPN service coverage, speeds, server locations, and quality may vary and be subject to unavailability for a variety of factors beyond Company’s control, including but not limited to emergencies; third party service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed at either Company’s or a Third-Party Vendor’s discretion. Company is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the VPN service, communications services, or networks. Company may impose usage or VPN service limits, suspend VPN service, terminate VPN accounts, or block certain kinds of usage in its sole discretion to protect its users or the VPN service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
16. EXCLUSION OF INCIDENTAL.
CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF COMPANY OR ANY SUPPLIER, AND EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Company and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Company with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on Software up to the amount actually paid by you for Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 14, 15 and 16) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. To the maximum extent permitted by applicable law and except as provided in the Company Guarantee, Company and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use Software, even if Company has been advised of the possibility of such damages. In any case Company's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for Software or as mentioned above. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
18. APPLICABLE LAW.
This EULA is governed by the laws of India and the sole Jurisdiction for any dispute shall be the Courts situated in Jaipur.
Silent Installation. The Software can be installed without displaying the installation windows and without showing promotes.
Scheduled Tasks: The Software may create default scheduled tasks upon installation.
20. SOFTWARE SUPPORT.
Company may provide you with support services related to Product. Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of Software and subject to this agreement. Company is responsible for order fulfilment only and will provide customer support during its normal business hours. Company has contracted or may in the future contract with third parties to provide technical support for Software.
21. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is included with Software) is the entire agreement between you and Company relating to Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to Software or any other subject matter covered by this EULA. To the extent the terms of any Company policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
22. BACKUP RESPONSIBILITY.
The Software is a utility, and as such can make irreversible changes to the state of Device on which it is run and that while all precautions commercially possible are taken, Company cannot accurately predict or ensure the outcome in all possible scenarios, and therefore you agree to make and test a complete system backup and backup of all personal information before operating the Software. You agree that you accept all responsibility for reversing or correcting any changes made by the Software.
Exclusion of All Other Terms. To the maximum extent permitted by applicable law and subject to the Warranty above, Company disclaims all warranties, conditions, and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to Software and the written materials that accompany Software. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by applicable law, whichever is greater.
This version of the Agreement was created on 13th September, 2022. This Agreement may have been updated. Please check for the latest version of this document online at https://www.systweak.com/eula before proceeding. If you proceed then this will be considered as your acceptance of this Agreement as per the latest version available at the website.