IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN SLIMWARE UTILITIES HOLDINGS, INC. (HEREINAFTER COLLECTIVELY 'SLIMWARE' or 'SW UTIL') SUBSEQUENTLY DOES NOT CONSENT TO LICENSE THIS SOFTWARE TO YOU, AND YOU SHOULD NOT USE THIS SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE IMPLEMENTING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE SUBSEQUENTLY NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.

1. LICENSE The SlimWare Utilities software, including the programs owned by SlimWare Utilities Holdings, Inc. ('SlimWare Utilities' or 'SW Util'), the documentation and any fonts accompanying this License; whether on disk, in read-only memory, on other media or in any other form (collectively 'Software'); are licensed to you by SlimWare Utilities. The Software and any extra copies that this License authorizes you to make are respectively subject to this License. By installing or otherwise using the Software, you: (a) agree to be bounded by the terms of this License, (b) you are the owner or an authorized user of the computer in which the Software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions herein. NOTICE TO CONSUMERS: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group. THE EFFECTIVENESS of the Software's ability to improve the performance, stability, or operations of a PC depends on numerous factors, including the root cause of problems affecting the computer's condition. The Software's scan cannot detect all errors that may impair a computer's functionality, and thus running a repair with the Software will not always result in the elimination of harmful software and/or hardware problems.
2. PERMITTED USES AND RESTRICTIONS See Distribution Permissions
3. PERSONAL USE ONLY RESTRICTIONS See Distribution Permissions
4. AGE REQUIREMENT You must be 13 years of age or older to install or to use the Software. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this License with you, discuss any questions you might have, and install the Software for you.
5. ACKNOWLEDGEMENT OF CLOUD-BASED DATA COLLECTION The Software uses a cloud-based data technology that collects certain non-identifiable statistical data (e.g. operating system, currently installed application, system registry setting, etc.) solely for the purpose to provide its services to you, and to make our products more efficient and effective for your overall experience as a user. All data collected is subject to our Privacy Policy that can be found below.
6. ACKNOWLEDGEMENT OF UPDATES By agreeing to this License, you acknowledge that the Software includes technology that allows SW Util to provide updates to the software. By installing, downloading, copying, updating or otherwise implementing the Software, you specifically agree to include and/or accept the heretofore mentioned software and technology through which SW Util keeps the Software and other SW Util programs current. This is a condition of using the Software.
7. REGISTRATION/PASSWORDS
• REGISTRATION It is not required to register; however, the Software or additional services may permit or require you to create an account to participate or access additional features or functionalities ('Registration'). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities, associate website or specific service.
• PASSWORDS You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify SW Util immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If SW Util has reasonable grounds to suspect that the security of your Password and/or ID has been compromised, SW Util may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. SW Util shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
• PROVIDED INFORMATION If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If SW Util have reasonable grounds to suspect that your information is inaccurate, not current or not complete, SW Util may suspend or terminate your use of the Software, and pursue any appropriate legal remedies. You agree that SW Util shall have the right to use the information you provide to SW Util for the purposes described in this License, Privacy Policy, and in furtherance of your use of its services.
8. COMPLIANCE WITH LAWS As a condition precedent to your implementation of the Software, you agree to comply with all laws and regulations that apply to your use of Software. These laws include, but are not limited to, US and international copyright laws and all intellectual property laws, as well federal, state and local statutes.
9. DISCLAIMER OF WARRANTIES the software IS PROVIDED FOR USE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. SW UTIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE GENERAL OPERATION OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SW UTIL EXPRESSLY DISCLAIM ANY WARRANTY THAT OUR SECURITY IS REASONABLE OR COMPLIES WITH INDUSTRY STANDARDS. SW UTIL EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES; INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SW UTIL DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, SECURITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. SW UTIL DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SOFTWARE. SW UTIL DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SOFTWARE OR THOSE RECEIVED THROUGH THE SW UTIL WEB SITE OR THROUGH ANY USE OF THE SOFTWARE OR ANY OTHER SW UTIL PROGRAMS(S). SW UTIL DOES NOT WARRANT THAT THE SOFTWARE, THE SW UTIL SERVERS, OR E-MAIL SENT FROM SW UTIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DISALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY in no event SHALL SW UTIL BE LIABLE FOR:
• DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO, DAMAGES FOR NEGLIGENCE, DEFAMATION, COPYRIGHT INFRINGEMENT OR ANY OTHER CLAIMS ARISING FROM OR IN CONNECTION WITH THE USE OF THE SOFTWARE.
• THE DELAY OR INABILITY TO IMPLEMENT THE SOFTWARE.
• THE PROVISION OF OR FAILURE TO PROVIDE SERVICES FOR ANY INFORMATION, PRODUCTS, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SOFTWARE OR OTHERWISE ARISING FROM THE USE OF THE SOFTWARE; WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE CERTAIN STATE LAWS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. IF YOU ARE IN ONE OF THESE STATES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO DISCONTINUE USING THE SOFTWARE.
11. INDEMNIFICATION you agree TO INDEMNIFY, DEFEND AND HOLD HARMLESS SW UTIL, ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SOFTWARE, YOUR VIOLATION OF THE LICENSE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER This Binding Arbitration and Class Action Waiver (this 'Waiver') applies to any dispute arising between you and Slimware regarding these terms. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law. IN THE EVENT OF A DISPUTE, you must provide Slimware with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to
Slimware Utilities Holdings, Inc.
555 West 18th Street
New York, NY 10011
Attn: Legal.
IF you or Slimware do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act ('FAA'). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award. ANY PROCEEDINGS to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. ANY ARBITRATION will be conducted by the American Arbitration Association (the 'AAA') under its Commercial Arbitration Rules. You agree to commence arbitration only in New York, NY. TO THE EXTENT PERMITTED BY LAW, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred. IF THIS WAIVER is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.
13. INTELLECTUAL PROPERTY The Software, including all code, content, protocols, software, and documentation provided to you by SW Util are SW Util' property or the property of SW Util' licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. 'Intellectual Property Rights' means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice SW Util have placed on the Software. All rights not expressly granted hereunder are expressly reserved to SW Util and its licensors. THE SW UTIL NAME, logos and affiliated properties, are the exclusive property of SW Util. All other trademarks appearing on any Software are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Software. The trade names, trademarks and service marks owned by SW Util, whether registered or unregistered, may not be used in connection with any product or service that is not SW Util', in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
14. CONTENT/SUBMISSION/COPYRIGHT
• Copyright Protection of content you display using SW Util services. You are solely responsible for any Content you contribute, submit or display on or through your use of the Software. It is your obligation to ensure that such content, including photos, codes, text, video and music files (collectively 'Content'), is not violating any copyright. You must either own or have a license to use any copyrighted Content that you contribute, submit or display.
• SW Util expects its users to respect the rights of copyright holders. On notice, SW Util will act appropriately to remove content that infringes the copyright rights of others. SW Util reserves the right to disable the access to Software or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe the Software, or elements, infringe your copyright rights, Please contact SW Util at:
SlimWare Utilities Holdings, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Copyright Agent/Legal Dept.
• Please ensure you communication includes the following:
- 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 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 copyright owner's behalf.
• Objectionable Content. SW Util may also act to remove Objectionable Content. The decision to remove 'objectionable content' shall be made a SW Util exercise of its sole discretion. 'Objectionable Content' includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous;
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group;
- Content that may harm minors in any way;
- Content that has the goal or effect of 'stalking' or otherwise harassing another;
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
- Content that is vulgar, offensive, obscene or pornographic;
- Unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation;
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the SW Util website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Software or services. If, at SW Util' request, you send Content (such as contest submissions, polling questions) or you send SW Util creative suggestions, ideas, notes, drawings, or other information (collectively, the 'Submissions'), such Submissions shall be deemed, and shall remain, the property of SW Util. None of the Submissions shall be subject to any obligation of confidence on the part of SW Util, and SW Util shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SW Util shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
• Repeat Infringer Policy. SW Util will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
• No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.
15. POLICY MODIFICATIONS We reserve the right to change this EULA Policy periodically. Any and all changes will be posted at www.driverupdate.net/eula.php. If you have any questions or concerns regarding this agreement, please feel free to contact us at support@driverupdate.net.
16. OPEN SOURCE The Software includes certain third party open source software components. Each such component is identified and is subject to the open source license agreement indicated in the 'Open-Source Licenses.txt' file included with the distribution of the Software.
17. GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this License, and the use (or inability to use) the Software. Subject to and without limiting the obligation of the parties to submit to binding arbitration as provided for in Section 12, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this License.

No failure or delay by Slimware Utilities in exercising any right, power or privilege under this License will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this License. If any provision of this License shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.