Terms & Conditions
2. Basic Limitations
The Content on this Web site is limited to bona fide actual and prospective authorized users of DriverTech’s software products and related documentation (“Products”). In addition, you may not: (a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or the Content; (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users; (c) use any robot, spider, other automatic software or device, or other processes to monitor or copy our Web site or the Content; (d) use this Web site to transmit any false, misleading, disparaging, fraudulent or illegal communications; (d) copy, modify, reproduce, republish, distribute, display, or transmit all or any portion of this Web site, except for authorized downloads of Products by parties with valid Product licenses from DriverTech. You may not use or otherwise export or re-export this Web site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web site or its Content is prohibited.
3. Intellectual Property Rights, Including Postings and Content
4. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement
DriverTech has registered as an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. DriverTech reserves the right to remove any Content that allegedly infringes another person’s copyright. DriverTech will terminate, in appropriate circumstances, access to this Web site to repeat infringers of another person’s copyright. Notices to DriverTech regarding any alleged copyright infringement should be directed to firstname.lastname@example.org. You are required to include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
5. Login and Registration
Certain sections of this Web site require you to log-in using valid registration information. If log-in or registration is requested, you agree to provide accurate and complete information. It is your responsibility to inform DriverTech of any changes to that information. Each log-in registration is for a single individual only, unless specifically permitted otherwise by DriverTech. DriverTech does not permit (a) anyone other than you to use the sections requiring registration by using your user name or password; or (b) access, directly or indirectly, through a single name made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify DriverTech immediately by emailing support@DriverTech.com.
7. “Partner” Relationships
The parties who are referred to as “Partners” herein or on DriverTech’s websites are NOT partners of DriverTech in any legal sense, and instead are only acting as independent contractors in making DriverTech’s products available to their end customers. NEITHER THE USE OF THE TERM “PARTNERS” NOR THE ACTIONS OF ANY PARTY, NOR ANY STATEMENTS REGARDING “PARTNERS” OR A “PARTNERSHIP” HEREIN OR ON DRIVERTECH’S WEB-SITES, IN ITS MARKETING MATERIALS OR OTHER DOCUMENTATION, OR MADE IN ANY COMMUNICATIONS BETWEEN ANY PARTIES SHALL BE INTERPRETED AS CREATING AN ACTUAL OR IMPLIED PARTNERSHIP, JOINT VENTURE, AGENCY OR OTHER RELATIONSHIP. DRIVERTECH HAS NO LIABILITY FOR ANY ACT OR OMISSION OF ANY PARTY DESIGNATED AS A “PARTNER.”
THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. DRIVERTECH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE CONTENT OR POSTINGS WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE. DRIVERTECH DOES NOT WARRANT OR REPRESENT THAT THE CONTENT OR POSTINGS AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. DRIVERTECH MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ITS FEATURES, FUNCTIONALITY OR CONTENT OR POSTINGS AT ANY TIME. DRIVERTECH, FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DRIVERTECH DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY ITEMS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE INTERACTIVE AREAS, CONTENT, OR POSTINGS.
9. Limitation of Liability
DRIVERTECH AND ITS LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM USE OF THIS WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY ITEMS. DRIVERTECH SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY ITEMS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, DRIVERTECH’S SOLE OBLIGATION FOR DAMAGES TO YOU OR YOUR ORGANIZATION OR ANY OTHER PARTY CLAIMING BY OR THROUGH YOU SHALL BE LIMITED TO $1,000 IN THE AGGREGATE.
11. Third Party Rights
The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) are for the benefit of DriverTech and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
12. Remedies for Violations
13. Governing Law and Jurisdiction
15. Severability of Provisions