This End User License Agreement (hereinafter "Agreement") is a legal agreement between You (either an individual or a legal entity) and Bit Guardian GmbH, with its principal office at Am Kirchenhölzl 14, 82166 Gräfelfing, Germany (hereinafter "Bit Guardian GmbH") for the use of ‘Bit Driver Updater’.
The Product (the computer program in machine readable object code form, which is issued by Bit Guardian GmbH pursuant to this Agreement) together with the Documentation (all manuals, user documentation, and other related materials pertaining to the Product), and/or other materials distributed with the Product (e.g. disk image, CD, or any other media containing these materials) is licensed, not sold, to you by Bit Guardian GmbH, and Bit Guardian GmbH reserves all rights not expressly granted to you within this License Agreement. Under no circumstances shall the source code of the Product be made available to you by Bit Guardian GmbH. The Product and Documentation are collectively referred to as “Product”.
By downloading, installing, copying, or otherwise using all, or any portion of, the ‘Bit Driver Updater’ Software you agree to be bound by the terms of this License Agreement. If you do not agree to this Agreement, do not use the ‘Bit Driver Updater’ Software. If you purchased ‘Bit Driver Updater’ and do not agree to this Agreement, you may obtain a refund of the purchase price, provided that: a) you have not used the ‘Bit Driver Updater’ Software, and b) if you have purchased your copy from elsewhere than the https://www.bitdriverupdater.com/ website, return your purchased copy of ‘Bit Driver Updater’ with proof of payment to the location from which it was obtained forthwith. Violation of any part of the Agreement will result in termination of your services.
DEFINITION
Bit Driver Updater is a Windows based utility tool that ensures your system drivers are up-to-date, always!
Bit Driver Updater is a product of Bit Guardian GMBH. And, the domain https://www.bitdriverupdater.com/ and *.bitdriverupdater.com also belong to Bit Guardian GMBH.
Other products and domains/sub-domains of Bit Guardian GMBH include :
Bit Game Booster -https://www.bitgamebooster.com/, *.bitgamebooster.com
Ad Guardian Plus -https://www.adguardianplus.com/, *.adguardianplus.com
Win Guardian -https://www.win-guardian.com/, *.win-guardian.com
BitSafe Anti Malware -https://www.bitsecurityservices.com/, *.bitsecurityservices.com
Bit Guardian Firewall -https://www.bitguardianfirewall.com/, *.bitguardianfirewall.com
Win Riser -https://www.winriser.com/, *.winriser.com
2. License Grant
After installing the Product, Bit Driver Updater offers you free scan and fix of your system drivers by scanning for outdated/corrupt drivers and updating your device drivers one-by-one i.e. one driver update at a time. The ‘Bit Driver Updater’ License Terms as set out under section (A) of this clause are applicable to your use of ‘Bit Driver Updater’, if you have purchased or otherwise rightfully obtained a Commercial License (hereinafter "Purchase").
The Product, including, without limitation, its object code and source code, whether or not provided to you, is strictly confidential to Bit Guardian GmbH. Bit Guardian GmbH (or its licensors) owns exclusively and reserves all – and you may not exercise any – right, title, and interest in and to the Product, including, without limitation, all intellectual property rights in and to the Product, except to the extent of the limited license right to use the Product, granted to you under terms of this Agreement.The product's development and marketing is done by their technology & advertising partner Innovana Techlabs Limited.
This Agreement is not an agreement of sale, and no title, intellectual property rights, or ownership rights to the Product are transferred to you pursuant to this Agreement. You acknowledge and agree that the Product and all ideas, methods, algorithms, formulae, processes, and concepts that are used in developing or incorporated into the Product, all future updates and upgrades, and all other improvements, revisions, corrections, bug fixes, hotfixes, patches, modifications, enhancements, releases and policy and database updates, and other updates in, of, or to the Product, all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and proprietary property of Bit Guardian GmbH, having great commercial value to Bit Guardian GmbH.
A. ‘Bit Driver Updater’ Commercial License Terms
Bit Guardian GmbH grants you a fully-paid, revocable, non-exclusive, non-transferable, limited right to access and use ‘Bit Driver Updater’ on the Device that is owned or controlled by you, strictly in accordance with the terms and conditions set forth in this Agreement. To use ‘Bit Driver Updater’ under the Commercial License Terms you have to complete the Purchase.
a1. Activation
The ‘Bit Driver Updater’ tool needs manual activation after the purchase is completed. In case, you come across any difficulty in activating the product, please contact the customer helpdesk at support@bit-guardian.com.
You will be required to submit personal information during the Purchase. You need active, functional Internet connection to complete the Purchase and activation. Your licensed use of ‘Bit Driver Updater’ is bound to the Device that you used to complete the Purchase and activation. You may need to reactivate your copy of ‘Bit Driver Updater’ after replacing the logic board or otherwise changing the hardware configuration of your Device (hereinafter "Reactivation"). To complete the Reactivation, you may be required to contact our Customer Support at support@bit-guardian.com.
This License grants you the right to activate, access and use ‘Bit Driver Updater’ on a single Device that is used by multiple people. You can transfer your License from one Device to another by contacting our Customer Support at support@bit-guardian.com and use ‘Bit Driver Updater’ only on one Device at once. For avoidance of doubt, this License does not allow simultaneous use of one ‘Bit Driver Updater’ License by multiple users on multiple Devices.
a2. Transfer
The right to transfer the activated copy of ‘Bit Driver Updater’ to another Device is personal. To transfer your purchased copy of ‘Bit Driver Updater’ to another Device, you need to contact Bit Guardian GmbH. You may transfer your ‘Bit Driver Updater’ license rights only once and permanently to another person or legal entity under the conditions outlined herein. You do not retain a copy of ‘Bit Driver Updater’ or any part thereof yourself, and the receiving party reads, agrees with, and accepts the Terms and Conditions of this Agreement. If you activated your license before transferring it, you need to contact Bit Guardian GmbH to complete the transfer.
a3. Personal Information
Bit Guardian GmbH may render this Agreement null and void if it finds out that personal information that you submitted during online activation is incorrect, inaccurate, or outdated. It is your sole responsibility to keep Bit Guardian GmbH informed of any changes in your personal information. You may do so by contacting our Customer Support by sending an email to support@bit-guardian.com, through the contact form on our website (https://www.bitdriverupdater.com/#contactPage), or by calling on the phone. Bit Guardian GmbH may require you to verify any changes to your personal information.
a4. UAC Bypass
Bit Driver Updater is a renowned driver updater software that sets the bar high enough to enable you to experience a seamless performance on your computer. In this effort, the Bit Driver Updater application is scheduled to run with administrative privileges regardless of the user account logged in. If this task is disabled, the application may deprive your system of its full efficiency.
Bit Guardian GmbH may use your personal information to validate your personal license rights, to prove to the reseller that you purchased your ‘Bit Driver Updater’ license there, and to contact you with information that is related to ‘Bit Driver Updater’. Bit Guardian GmbH may share this information with its licensors. Bit Guardian GmbH will not sell or license the usage of your personal information to third parties.
2. General License Restrictions
General Restrictions: You shall not, and you shall not cause or allow any third party to:
(i) Decompile, disassemble or reverse-engineer the Product; or create or recreate the source code for the Product;
(ii) Remove, erase, obscure, or tamper with any copyright or any other product identification or proprietary rights notices, seal, or instructional label printed or stamped on, affixed to, or encoded or recorded in or on the Product;
(iii) Lease, lend, loan, use for timesharing, sell, resell, charge for, market, license, sublicense, distribute, or otherwise grant to any person or entity any right to the Product without our prior written consent, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn;
(iv) Use the Product to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise;
(v) Repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Product;
(vi) Combine or merge any part of the Product with or into any other software or documentation, or refer to or otherwise use the Product as part of any effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Product or to compete with Bit Guardian GmbH;
(vii) Except with Bit Guardian GmbH’s prior written permission, publish any performance or benchmark tests or analysis relating to the Product.
3. General Terms
This Agreement is available only to individuals who are at least 13 (thirteen) years old. You represent and guarantee that if you are an individual, you are at least 13 years old, you are of legal age to accept this Agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. Bit Guardian GmbH may, in its sole discretion, terminate the Agreement with any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access this Agreement is revoked in such jurisdictions.
Copyright
Copyright and other intellectual, industrial and/or proprietary rights to ‘Bit Driver Updater’ and to any full or partial copies that you make are owned by Bit Guardian GmbH or its licensors. Bit Guardian GmbH permits you to use ‘Bit Driver Updater’ only in accordance with the terms of this Agreement. All rights that are not specifically granted by Bit Guardian GmbH are reserved by Bit Guardian GmbH. Bit Guardian GmbH is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Bit Guardian GmbH is the subject of copyright and other intellectual, industrial or proprietary rights of Bit Guardian GmbH and/or third parties.
Modification Rights
You agree not to in any way replace and/or modify libraries and resources that are included in the ‘Bit Driver Updater’ software.
Limitation of License Validity
Any license to use ‘Bit Driver Updater’ that is granted to you under this Agreement is limited to the purchase specifications of ‘Bit Driver Updater’ that you rightfully obtained on the basis of this Agreement.
Additional Activations
The Commercial License does not allow to activate and use ‘Bit Driver Updater’ on more computers than the specified number of computers for which you have purchased the Commercial License. Bit Guardian GmbH may, at its sole discretion and for your convenience, decide to allow you to activate ‘Bit Driver Updater’ on additional computers within reasonable limits. Notwithstanding such a decision, you are licensed to use ‘Bit Driver Updater’ only simultaneously on the number of computers for which you have obtained the said License(s).
Bit Guardian GmbH may, at its sole discretion, decide to suspend further activation that was performed under the said License(s), and/or render the said License(s) null and void, if it considers the amount of activations that were performed under the said License(s) to be excessive. You and/or the person performing the activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) via the ‘Bit Driver Updater’ Software.
Third-Party Software
Various third-party software (hereinafter “Offers”) may be offered within the installation/uninstallation process of ‘Bit Driver Updater’. These Offers are always optional, and you are free to reject them. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU INSTALL AND USE THESE OFFERS AT YOUR SOLE RISK. THESE OFFERS ARE PROVIDED SOLELY “AS IS“ AND ARE NOT UNDER THE CONTROL OR RESPONSIBILITY OF Bit Guardian GmbH. Bit Guardian GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss that is caused or alleged to be caused by or in connection with use of or reliance on any such Offers. All such Offers provide legal documents, including terms of use and privacy policy, governing the use of such Offers. It is always advisable to read such documents carefully before installing and using such Offers.
Free or Open-Source Software
The Product may include components (including, without limitation, programs, applications, tools, utilities, libraries, and other programming code) that are made available from third parties under a free or open source software licensing model (hereinafter “Open-Source Code”). The Open-Source Code components that are included with the Product are redistributed by Bit Guardian GmbH under the terms of the applicable Open-Source Code license for such component. Your receipt of Open-Source Code components from Bit Guardian GmbH under this Agreement neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Product are included with or referenced in the Product’s Documentation.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ‘Bit Driver Updater’ IS AT YOUR SOLE RISK. ‘Bit Driver Updater’ IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND Bit Guardian GmbH, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER COLLECTIVELY REFERRED TO AS "Bit Guardian GmbH") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. Bit Guardian GmbH DOES NOT WARRANT THAT THE FUNCTIONS THAT ARE CONTAINED IN ‘Bit Driver Updater’ WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ‘Bit Driver Updater’ WILL BE CORRECTED. FURTHERMORE, Bit Guardian GmbH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF ‘Bit Driver Updater’ IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT IS GIVEN BY Bit Guardian GmbH, Bit Guardian GmbH AUTHORIZED REPRESENTATIVE, OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO ‘Bit Driver Updater’. SHOULD ‘Bit Driver Updater’ PROVE DEFECTIVE, YOU (AND NOT Bit Guardian GmbH OR AN Bit Guardian GmbH AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. Bit Guardian GmbH PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA THAT YOU DOWNLOAD BY USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, AND USING THE SOFTWARE. Bit Guardian GmbH STRONGLY RECOMMENDS THAT YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT THAT IS PERMISSIBLE BY LAW, NEITHER Bit Guardian GmbH, NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING FROM USE OF ‘Bit Driver Updater’ OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, Bit Guardian GmbH'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT THAT IS ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
Limitation of Support
Bit Guardian GmbH will endeavor to provide you with email, phone and chat support pertaining to your use of ‘Bit Driver Updater’. The said support will be limited to topics within the domain of basic usage of ‘Bit Driver Updater’. Bit Guardian GmbH is not required to offer you general advice on technologies underlying or related to ‘Bit Driver Updater’. Bit Guardian GmbH reserves the right to cease offering support of any kind pertaining to the usage of older releases of ‘Bit Driver Updater’ whenever a new release, whether for free or for pay, of ‘Bit Driver Updater’ becomes available.
Indemnification
You agree to defend Bit Guardian GmbH, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers, and suppliers against any and all claims, demand and/or actions and indemnify and hold Bit Guardian GmbH, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors harmless from and against any and all losses, damages, costs, and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this Agreement, infringement, misappropriation, or your violation of the rights of any other party, your violation or noncompliance with any law or regulation, or your alteration or export of ‘Bit Driver Updater’. Bit Guardian GmbH reserve the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Bit Guardian GmbH upon its request.
Technical and Related Information
Bit Guardian GmbH and its subsidiaries may collect and use technical and related information, including, but not limited to, technical information concerning your Device, system, and applications. Bit Guardian GmbH and its subsidiaries are free to use this information in any form that does not personally identify the Customer or the Customer’s Device. Any collection of technical and related information by Bit Guardian GmbH and its subsidiaries shall be limited in such a manner that Bit Guardian GmbH and its subsidiaries will not be capable of reconstructing the contents of files and folders that you use from within ‘Bit Driver Updater’ or any other personal files and folders that are accessible to ‘Bit Driver Updater’ when you use it.
The application supports silent installation i.e., the application will be installed without displaying the user-interface of the app to the user by executing the following parameters: "bitdurtsetup.exe /VERYSILENT /SUPPRESSMSGBOXES /NORESTART /SP".
Bit Driver Updater LITE
By activating Bit Driver Updater’s FREE Lite Version, the user agrees and accepts to manually configure BG Search (https://www.bitguardian-protected-search.com/) in their browser. Configuring BG Search will enable us to monetize with every search a user makes, thus providing Bit Driver Updater LITE for Free. To ensure that the LITE version is activated in the users’ PC, we run a small monitoring component ‘BG Search Monitor’ to verify its status. We do not monitor any other information or data. The users can anytime roll back to the default version of Bit Driver Updater right from the app. Click here to know more about this feature.
License Code
Bit Guardian GmbH may issue to the Customer a License Code or a License Key, which you may need to activate ‘Bit Driver Updater’ under the terms of the Commercial License. Bit Guardian GmbH and its subsidiaries and distributors may link the aforementioned License Code or License Key to you personally. Any issued License Code or License Key is intended only for your usage and may not be distributed, published, or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Bit Guardian GmbH.
Term and Termination
This Agreement is effective until it is terminated. Without prejudice to any other rights, Bit Guardian GmbH may immediately terminate this Agreement if you fail to comply with any terms and conditions that are set out in this Agreement. Bit Guardian GmbH shall have the right to terminate this Agreement at any time in case of extraordinary circumstances that are defined by Bit Guardian GmbH, in its sole and absolute discretion, individually in each case. Example of the extraordinary circumstances may be using the Product by the Customer as a result of third-party promotional activity unagreed with Bit Guardian GmbH, etc. In such case you will receive an email notification with explanation defining the cause of such termination. Upon termination of the Agreement you must cease all use of the Product and destroy all copies of the Product that are in your possession. Inaction by Bit Guardian GmbH in termination of this Agreement after you fail to comply with any terms and conditions that are set out in this Agreement does not imply a waiver of any kind of the rights reserved by the Bit Guardian GmbH under this and other provisions.
Rebill
Rebill is automatic extension of a subscription based on your initial agreement to the terms and conditions that are set forth at the ‘Bit Driver Updater’ checkout page. All details concerning the Rebill could be clarified with the Customer Support Service.
Discounts
You may be granted a discount coupon that gives you the right to purchase a license at a lower price than the one originally announced. The coupon is valid for a one-time purchase of a license and is not applicable for extension of the subscription.
Money Back Guarantee
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, You are entitled to receive a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes) by so notifying ‘Bit Driver Updater’ Customer Service or the Dealer in writing at any time during the sixty (60) day period following the date of purchase (the "Guarantee Period"). If you received the Software as a "bundled" product with the purchase of Your PC or other computer component, or if you fail to notify ‘Bit Driver Updater’ Customer Service or the Dealer within the Guarantee Period, you will not be entitled to a refund.
Inability to download ‘Bit Driver Updater’ does not qualify the Customer for a refund. The Customer can have Internet or computer problems that are not related to our Product. If the Customer is unable to download ‘Bit Driver Updater’, they must contact our customer support department.
After the refund is issued, usage of the ‘Bit Driver Updater’ features become inactive, after which the customer will not have access to the premium features of ‘Bit Driver Updater’ anymore.
Force Majeure
Bit Guardian GmbH shall be under no obligation under the Agreement if the failure to perform such obligation is due to any event beyond Bit Guardian GmbH’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Miscellaneous
Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire agreement between you and Bit Guardian GmbH relating to ‘Bit Driver Updater’, and it supersedes all prior oral or written communications and representation with respect to ‘Bit Driver Updater’ or any other subject matter that is covered by this Agreement. If any provisions of this Agreement are held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
The titles used herein are for convenience only and shall not be considered in construing or interpreting any provisions of this Agreement.
Representations
YOU REPRESENT AND WARRANT THAT:
(i) YOU HAVE THE FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM THE ACTS AND OBLIGATIONS THAT ARE REQUIRED HEREUNDER;
(ii) YOUR EXECUTION OF THIS AGREEMENT AND PERFORMANCE OF ACTS, OBLIGATIONS AND DUTIES HEREUNDER, DO NOT AND SHALL NOT VIOLATE ANY OTHER AGREEMENT('S) TO WHICH YOU ARE A PARTY OR BY WHICH YOU ARE OTHERWISE BOUND.
Changes
AT THE TIME OF PURCHASE, ‘Bit Driver Updater’ MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE AFTER PURCHASE AND INSTALLATION BY THE USER. ALL USERS MUST ACCEPT ALL CHANGES THAT ARE MADE TO ‘Bit Driver Updater’, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF Bit Guardian GmbH ELECTS, IN ITS SOLE DISCRETION, TO DISCONTINUE IT. IN CASE OF ANY MATERIAL CHANGE TO ‘Bit Driver Updater’, Bit Guardian GmbH MAY NOTIFY THE USER THROUGH EMAIL, THE SOFTWARE, AND/OR WEBSITE.
Severability
If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the English law, to the exclusion of the conflicts of law’s provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for an amicable settlement. If an amicable settlement cannot be reached, all disputes or differences shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE.
AMENDMENTS
Bit Guardian GmbH RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE TO YOU, TO AMEND, REVISE, UPDATE, CHANGE, MODIFY, ADD TO, SUPPLEMENT, OR DELETE CERTAIN TERMS OF THIS AGREEMENT (HEREINAFTER THE “CHANGES”). ANY SUCH CHANGES SHALL BE EFFECTIVE ONCE THE REVISED AGREEMENT HAS BEEN POSTED ON THIS PAGE. THE “EFFECTIVE DATE” SECTION AT THE TOP OF THIS PAGE STATES WHEN THIS AGREEMENT WAS LAST REVISED. YOU ARE RESPONSIBLE FOR CHECKING THIS AGREEMENT PERIODICALLY FOR CHANGES. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE WITH THIS AGREEMENT, YOU MUST IMMEDIATELY UNINSTALL THE PRODUCT AND DESTROY ALL COPIES OF THE PRODUCT. YOUR CONTINUED USE OF THE PRODUCT FOLLOWING ANY REVISION TO THIS AGREEMENT CONSTITUTES YOUR COMPLETE AND IRREVOCABLE ACCEPTANCE OF ANY AND ALL SUCH CHANGES. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT BY CLICKING THE “EULA” LINK EITHER IN THE PRODUCT OR AT https://www.bitdriverupdater.com/.
Third-Party Beneficiary
For all purposes of this License, each of Bit Guardian GmbH's third-party licensors of ‘Bit Driver Updater’ shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
Questions or Comments
Should you have any questions or comments regarding this License or the limited warranty, you may contact Bit Guardian GmbH in writing at Am Kirchenhölzl 14, 82166 Gräfelfing, Germany.