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DriverFinder by DeskToolsSoft

License Agreement (EULA)

What is the EULA for DriverFinder?

Important, if you have DriverFinder installed on your computer or you plan on installing it, please read the Terms below very carefully as there are potential issues that you should understand.
Recommendation: Remove DriverFinder
DriverFinder - End User License Agreement
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
This End-User License Agreement ("Agreement") is a legal contract between You - either (a) an individual user or (b) a business organization - ("You") and DeskToolsSoft (“Licensor”) for the DriverFinder™ Software, including any associated media, printed materials and electronic documentation (the "Software").
By clicking on the "I Agree" button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this Agreement and You represent that You are authorized to enter into this Agreement on behalf of your corporate entity (if applicable). If You do not wish to be bound by the terms of this Agreement, click the "Cancel" button, and do not install, access, or use the Software.
DriverFinder is an advanced driver scanning, updating and downloading utility for Windows-based PCs. You can use DriverFinder free of charge for an unlimited time period to search for drivers. Registration is required to download driver updates. DriverFinder will start automatically on login for unregistered versions. Microsoft Visual C++ 2008 Redistributable Package is installed as part of the download/install process. After installation, a shortcut will be installed on your desktop for easy access.
GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, the Licensor grants You a limited, non-exclusive, non-transferable, and revocable license to use or evaluate the Software in accordance with this Agreement.
You may install and use the Software on one (1) computer for your internal purposes only for the period for which You purchased the license. The license period begins with the date of purchase of the Software. If You have purchased more licenses, You may use the Software on multiple computers based on the number of licenses purchased. You may also make one backup copy of the Software.
Any use of more copies of the Software than licensed is prohibited. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing the Software or making any use prohibited by law.
The license for the Software may not be shared by alternating use of the Software between different computers. The Software is licensed as a single product, and You may not separate its component parts for use on more than one desktop personal computer (unless license purchased allows You to do so).
If You are not using a licensed copy of the Software, You are not allowed to install the Software and any future updates of the same.
EVALUATION VERSION
You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by the Licensor.
Portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections. You thus agree that the Evaluation Version granted to You on a temporary basis to test the Software may have limited functionality and that consequently You may not be able to benefit from all the functions which would be available if You buy a regular license and pay the license fee.
In order to use or continue to use all the features and functionality of the Software, You must acquire a regular license as set out in this License Agreement and pay the license fee.
ACTIVATION OF SOFTWARE, NETWORKS & UPDATES
Once you have purchased a license from the Licensor in order to continue to use the Software or enable all the features of the software, you may be required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. Licensor will use those measures to confirm you have a valid licensed copy of the Software. Licensor will not collect any personally identifiable information from your computer location or workstation during this process.
You should activate the registered license for the Software by entering the serial number provided by the Licensor as prompted by the Software. You agree to use the Software only for the number of licensed units specified on Your invoice. Any simultaneous storage, maintenance, or use of more units than are licensed is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use, or to pay an additional fee according to the number of users with access to a Network enabling use of the Licensor Software by multiple computers simultaneously. You agree to contact the Licensor if simultaneous use will be possible.
Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will be required to renew and purchase another license in order to continue to use all the features and functionality of the Software.
The Software may be updated by way of modifications, feature enhancements, or other changes, which will be determined solely by the Licensor from time to time. Such updates may or may not be available free of charge and You agree that the Licensor has no obligation whatsoever to provide any updates. If, and when, modifications, feature enhancements, or other changes to the Software are made, the Software will display a notice telling you an update is available. You will be given the option to read a description of the change(s). You will get the option to either accept the changes and install the update, or continue to use the current version of the Software.
COPYRIGHT AND TRADEMARK RIGHTS
The Licensor Software is copyrighted according to law. You must not use the Licensor Software in any manner which can jeopardize or violate its copyright. Unless specifically permitted in terms of this License Agreement, copying, reproducing, changing, modifying and decompiling the Software as well as transferring it from a mechanical code, reanalyzing it or creating any deduced works there from by processing is strictly prohibited. Nor is it permissible to resell, borrow, assign, transfer or lease the Licensor Software to any person.
INTELLECTUAL PROPERTY PROTECTION
This License Agreement does not give You any intellectual property rights on the Licensor Software or its Documentation.
You agree to treat the Licensor Software as copyrighted material and You must not use it in any manner which can jeopardize or violate the copyrights of the Licensor. You may not copy, modify, create a derivative work thereof, reverse engineer, decompile or otherwise attempt to extract the source code or internal data of the Licensor Software or any part thereof, unless this is expressly permitted or required by law, or unless You have obtained explicit consent in writing from the Licensor that You may do so. You further agree not to remove or in any way obscure any ownership or trademark notices on the Licensor Software or its Documentation.
All hardware device driver(s) and names used in the Software are copyright and the property of the respective companies supplying such hardware device drivers. Furthermore, when using a company's hardware device driver you will be bound to that company's own legal agreements. All product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. Licensor is in no way affiliated with or representing any of the companies identified and displayed in this Software or in any related services provided by Licensor.
RESTRICTIONS ON USE
You may not use the Licensor Software in any way that violates any applicable law. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing the Licensor Software or its Documentation.
Licensor’s name, logo and graphics file that represents this Software shall not be used in any way to promote products developed with our Software. Licensor retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for the Licensor.
LIMITED WARRANTY
You expressly understand and agree that the Licensor Software and its documentation are provided to You under this License Agreement on an "as is" basis and your use of it is at your sole risk. This Licensor Software is not subject to any guarantees. The Licensor Software is provided as general purpose Software and not for your particular use.
You accept that the Licensor and its suppliers do not represent or warrant that:
· The Licensor Software and its documentation will meet your requirements;
· The Licensor Software and its documentation will be error or defect free; or that
· Any defects in the operation or functionality of the Licensor Software and its documentation will be corrected.

The Licensor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by the applicable law, whichever is greater.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL THE LICENSOR OR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA ARISING OUT OF THE USE OR THE INABILITY TO USE THE LICENSOR SOFTWARE AND ITS DOCUMENTATION, LOSS OF PROGRAMS OR DATA ON YOUR COMPUTER, LITIGATION, OR THE LIKE, EVEN IF LICENSOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will the total liability of the Licensor or its suppliers whether in tort, contract or otherwise, exceed the amount actually paid by You for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by the applicable law.
LICENSOR DOES NOT MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL IDENTIFY ANY SPECIFIC HARDWARE OR SOFTWARE INSTALLED ON YOUR COMPUTER NOR DOES LICENSOR MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL LOCATE ANY DRIVERS FOR YOUR SPECIFIC HARDWARE FOR USE ON CERTAIN OPERATING SYSTEMS. LICENSOR ALSO DOES NOT MAKE ANY GUARANTEES THAT ANY OR ALL DRIVERS LOCATED FOR YOUR SPECIFIC HARDWARE AND OPERATING SYSTEM WILL FUNCTION ERROR FREE, ACHIEVE CERTAIN RESULTS, OR OPERATE WITHOUT INTERRUPTION. ALL DRIVERS LOCATED AND AVAILABLE THROUGH THIS SOFTWARE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
If Licensor is unable to provide the updated driver that the Software presented during the free scan for functioning hardware devices, you are entitled to request a refund as per standard refund policy.
EXPORT RESTRICTIONS
You may not export or re-export the Licensor Software in violation of the export laws of the United States, the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Licensor Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons.
TERM AND TERMINATION
This License Agreement shall automatically terminate if You fail to comply with its terms without prejudice to the rights of the Licensor to compensation for damages in terms of the applicable law. Immediately upon termination or expiration of this License Agreement You shall return to the Licensor or destroy all copies of the Licensor Software and all related Documentation in Your possession.
GOVERNING LAW
This License Agreement shall be governed by the Laws of The Netherlands, Europe, excluding any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of The Netherlands, and any competent Courts of Appeal therefrom.
GENERAL PROVISIONS
Any rights not expressly granted under this License Agreement are being reserved. This License Agreement is the entire agreement between You and the Licensor with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms of any quote, order or other similar communication between the parties.
If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License Agreement provisions. Failure by either party to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. Sections 6, 7, and 8 shall survive the termination of this License Agreement.
You may uninstall this Software at any time. For detailed instructions, please click here http://www.driverfinderpro.com/uninstall.php.
DeskToolsSoft
548 Market Street
San Francisco, CA 94104
Phone: (408) 600-1418
URL: DeskToolsSoft.com http://www.desktoolssoft.com.php
Help: Customer Support http://desktoolssoft.com/support/
DriverFinder - Privacy Policy
This Privacy Policy describes the terms of our commitment to your privacy.
Persons or Parties Covered
This Privacy Policy covers the collection and use of personal information ("Personal Information") that we may gather any time you interact with us, such as when you visit our web site, try and/or use our product, or when you contact our customer support or sales departments. This Privacy Policy is intended to cover all visitors to this website, affiliates or business partners, and all customers. Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Visitors" and are parties to this Privacy Policy. People who join marketing endeavors (e.g. "affiliates") promoted by this website are called "Members" and are covered by this Privacy Policy. Anyone who orders, attempts to order, or receives a sold product advertised on or delivered from this website, even at no cost, is called a "Customer" and is subject to this Privacy Policy not only by passive acceptance, but by virtue of the Terms of Service contract. The website, its agents, owners, operators, and employees are referred to collectively herein as "Website" and/or "Site" and/or "We".
Persons Excluded From This Website Are Still Covered
Persons excluded from this website due to the Terms of Service or from denial of service by the website, who nonetheless unlawfully view this site remain subject to the terms of this Privacy Policy and is in violation of the Terms of Service.
Persons Under 18 Years Of Age Are Excluded From This Website
This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
Viewing And/Or Use And/Or Communication Is Construed As Acceptance Of The Terms Of This Policy
Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the website. If you do not accept these terms, you have no right to visit this site and you are fraudulently using this site.
A Note To California Residents (Online Privacy Protection Act Of 2003 - OPPA)
It is the intent of the Privacy Policy to comply with the California Act. Various provisions throughout this Privacy Policy address requirements of the act. In summary, you must presume that we collect electronic information from all visitors. This is not usually personally identifiable. If you purchase a product or service via this website (and thereby become covered by the Act), the Terms of Service you electronically sign prior to purchase allows the website to collect and archive all the personal information you provide and to transmit and/or transfer that personal information to third parties. There is no way you can modify this information and you have no right to do so. Under the terms of the Terms of Service you have no right to view or receive any information about our database. In the event that the website, under advice of counsel agrees to divulge information, the requesting party must submit whatever information is demanded by the website in order to insure that the website is releasing information to the correct party. Other provisions of the OPPA may exempt this website from complying. While we take measures to ensure that outside parties do not have access to any information we have about you, we do not warranty that outside parties will not breach our system and thus have access to your information. (You should know that merchant service providers do not allow us access to your credit card information.)
We reserve the right to modify this Privacy Policy. If we decide to change our Privacy Policy, we will post those changes to this privacy statement, our Home page, and other places we deem appropriate. We will also notify You via the Software when changes have been made to this Privacy Policy, and other documents such as our EULA, Terms of Service, etc.
Why We Collect Personal Information
This Website only collects your Personal Information, where it is required, to provide you the best services and products available. By maintaining an accurate customer database, we are able to send notifications via e-mail to keep you informed about the status of your orders or accounts and to provide updates and technical notices. These messages are essential to the maintenance of your subscription and the functionality of our products and services.
About the Personal Information the DriverFinder Application Collects And How It Is Used
The driver scanning, matching and updating technology present in our software is designed to collect Hardware IDs and software signatures present in the system and routes this data back to our driver servers. We use this information so that our driver servers can respond back to our software with a list of recommended driver updates and other software relevant to the discovered hardware. While in trial-mode (pre-purchase, unregistered), this information is not tied in any way to any personal information. Post-purchase (registered) and after activation of the software the information is linked to your personal information. This information is also used to handle any technical, product, or customer support requests that you may send to us. Please be aware that if you prefer not to provide this inventory information, our software will be unable to provide any of our services.
About the Personal Information This Website Collects And How It Is Used
This website routinely collects information about its visitors, members, and customers. This information is obtained in various ways, such as:
Visitor, Member, Or Customer Information Obtained From 'Registration'
Registration means that the Visitor, Member or Customer takes active, positive steps to communicate information to this website. This can include pages where you register for Customer Support; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.
For Customer Support registration instances, data is collected by:
DeskToolsSoft at the DeskToolsSoft/DriverFinder Customer Support Portal http://desktoolssoft.com/support/.
548 Market Street
San Francisco, CA 94104
E-mail: info[at]desktoolssoft[dot]com
For Product Registration instances, data is collected by:
Safecart https://www.safecart.com/
1205 - 4464 Markham Street Victoria, BC V8Z 7X8
E-mail: customersupport[at]safecart[dot]com
For general inquiries, data is collected by:
DriverFinder at the DriverFinder Contact Us form http://driverfinderpro.com/contact.php.
548 Market Street
San Francisco, CA 94104
E-mail: info[at]driverfinderpro[dot]com
Commitment to Data Security
This Website DOES NOT store credit card information. We work with a select number of 3rd party payment processors who serve as a trusted intermediary to handle e-commerce transactions with our Customers. Our e-commerce partners handle e-commerce on secure servers which encrypt all of our Customers' personal information. To learn more about how our e-commerce partners manage the privacy of information in conjunction with these e-commerce transactions, please see their complete Privacy Statements located on their purchase pages.
This Website has security measures in place, such as the following, to protect against the loss, misuse and alteration of your Personal Information in our customer database. Personal Information provided is stored in secure facilities with access restricted to authorized personnel only. We also have in place a series of access-control procedures required for retrieval of personal information. Further, this Website is regularly tested for security breaches to protect against unauthorized viewing of Personal Information. Although we make substantial efforts to store any Personal Information we collect in a secure operating environment that is not accessible to unauthorized users, no one - including this Website - can guarantee complete security.
Visitor Email Inquiries
Visitors who wish to communicate with the Website do so under two conditions: one, they give their permission for contact by the website; two, they are subject to any 'submission' provisions of the Terms of Service or this Privacy Policy. While your email address may or may not be used to solicit you, it is added to the website's general solicitation database.
Customer Email Or Testimonials
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.
However, we will not, under any circumstances, share, merge, rent or sell your Personal Information in ways other than as outlined in this Privacy Policy. We also do not trade or exchange mailing lists with any other organization.
Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
Information Obtained From Referring Email Or Referring Urls
If you send a friend an email about this Site or if you send our url or that of one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must accept full responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional, that results from said referrals.
Information Obtained From Voluntary Visitor, Member Or Customer Surveys
Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes or used by the site itself for product design or solicitation purposes.
However, we will not, under any circumstances, share, merge, rent or sell your Personal Information in ways other than as outlined in this Privacy Policy. We also do not trade or exchange mailing lists with any other organization.
Information Obtained From Electronic Means And 'Cookies'
Many websites, including this one, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.
"Cookies" is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you 'logged in', to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.
Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use 'cookies' and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.
Opt-Out Information
DriverFinder provides a number of ways for you to OPT OUT of receiving additional information from us. Note that this option does not apply to communication sent for the purposes of administering orders, contracts, support, product safety warnings, software updates, or other administrative and transactional notices. If you do not wish to continue receiving additional information or certain marketing materials (e.g., e-mail messages), you can opt-out of receiving these materials by following the unsubscribe instructions provided in the materials.
In addition, you can correct out-of-date information, update information, remove information, delete your Personal Information or review any information previously provided to us by accessing your account at our Customer Support portal http://www.desktoolssoft.com/support/ or by contacting our Customer Support department at support[at]driverfinderpro[dot]com. Changes will be implemented within 10 business days. Please note, however, that we may retain certain information relating to software licensing and your information may also be retained in our archives. When contacting Customer Support, we may verify your identification through the use of security questions before sharing any Personal Information as it appears in our customer database.
Sharing Your Personal Information
This Website is committed to protecting your privacy. We will not, under any circumstances, share, rent or sell your Personal Information in ways other than as outlined in this Privacy Policy nor does this Website trade or exchange mailing lists with any other organization. This Website only shares your Personal Information with our contractors that assist us in our efforts to fulfill our obligations to you, and then only with partners that commit to adhere to the same level of commitment as We do to protect your privacy and data. We use 3rd party payment processing companies to invoice you for goods and services and these companies do not retain, share, store or use personally identifiable information for any other purposes.
The 3rd party payment processing company we use is:
Safecart https://www.safecart.com/
1205 - 4464 Markham Street Victoria, BC V8Z 7X8
E-mail: customersupport[at]safecart[dot]com
Bulletin Boards And Public Forums
Visitors, Members, or Customers who use any site provided bulletin boards or other public forums, such as chat rooms, do so at their own risk. You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.
E-Mail
By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us. However, all email communication with you shall contain an 'unsubscribe' link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.
Questions, Comments, or Report of Incidents
You may direct questions, comments or reports to: info [at] driverfinderpro [dot] com.
Revisions To This Privacy Policy
We reserve the right to modify this Privacy Policy. If we decide to change our Privacy Policy, we will post those changes to this privacy statement, our Home page, and other places we deem appropriate. We will also notify You via the Software when changes have been made to this Privacy Policy, and other documents such as our EULA, Terms of Service, etc.
Latest Update
This Privacy Policy was last updated on: March 1, 2014.
Disputes
As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and Terms of Service issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Jurisdiction And Venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. 548 Market St., San Francisco, CA 94104. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.
Applicable Law
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the Website owner(s).
DeskToolsSoft
548 Market Street
San Francisco, CA 94104
Phone: (408) 600-1418
URL: DeskToolsSoft.com http://www.desktoolssoft.com.php
Help: Customer Support http://desktoolssoft.com/support/

How do I remove DriverFinder?

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