License Agreement concerning use of DriverPack Solution software
This License Agreement (hereinafter referred to as ‘the License Agreement’) concluded with the end user regulates the relationships between an individual (hereinafter referred to as ‘the User’) and DriverPack (LLC) (hereinafter referred to as ‘the DriverPack’) which relate to use of the DriverPack’s software (hereinafter referred to as ‘the Solution’) at the terms and conditions of non-exclusive license and use of the Third-party’s software.By installing, copying, downloading, starting this software, or performing any other actions related with the Solution use, the User agrees to to be bound by the terms and conditions of this License Agreement.In case the User doesn’t agree with the terms and conditions of this License Agreement, he must not install, copy, download, start, or use the Solution in any other possible way.The terms used in this License Agreement have the following meanings unless any different meaning is defined expressly in the text further on:The Solution is the DriverPack Cloud software provided by the DriverPack by means of which the DriverPack gives the User a possibility to configure his electronic devices automatically and for free (including driver installation, software installation, PC diagnostics), to monitor the User’s devices, to get information about Third-party software and to install the Third-party software. The DriverPack undertakes the obligations under this License Agreement which concern only the official version of the Solution. In any regulations of this License Agreement where the Solution is referred to, only the official version of the Solution is meant. The official version of the Solution is distributed only on https://drp.su and https://driverpack.io websites, and on the Partners’ websites whose contact information is available on https://drp.su and https://driverpack.iowebsites. The DriverPack doesn’t undertakes the obligations provided in this License Agreement referring any other versions of the Solution downloaded by the Users from any other resources, or provided by the third parties.The User is an individual who entered into this License Agreement between the DriverPack and the end user, according to the way defined in Section 1 of this License Agreement.The User’s device is any device (computer) used by the User, which is equipped with Microsoft Windows XP Operating System or its later version, including PC, laptop, and any similar devices on which the Solution can be started, or any Third-party software can be installed by using the Solution.The Rightholder is the copyright holder of the software which is offered to the Users for installation by using the Solution. The DriverPack is not a representative of the Rightholder in the relationships between the Rightholder and the Users within the User Agreement (License Agreement) concluded between the Rightholder and the User.The Rightholder’s User Agreement (License Agreement) is the contract between the User and the Rightholder regarding use of the Third-party software of the Rightholder. In case the User doesn’t agree with the terms and conditions of the Rightholder’s User Agreement (License Agreement), he should not install, copy, download, or use the Third-party software in any other way via the Solution, and he should immediately remove the Third-party software off the User’s device (in case of installation).The Third-party software is the software that belongs to the Rightholder or to another proper licensor which he provides to the Users via the Solution. The DriverPack is not the licensor of the Third-party software, so he doesn’t provide the User with the appropriate rights on behalf of the Rightholder based on the licence (or sublicense).The Rightholder’s website is the official website of the Rightholder where all information about the Rightholder is provided as well as the links for the Third-party software installation, and the documents regulating the relationships between the Rightholder and the Users including the Rightholder's User Agreement (Licence Agreement).The Functionality is the functions of the Solution regarding configuring, operation improving, and increasing of the User’s device functionality including (but not limited with) the following: automatic configuration, installation and update of the device drivers, recommendation about and installation of the Third-party software, malware removal, optimization and monitoring for the User’s device operation, etc.The Automatic Configuration is a special function of the Solution which implies that by using it the User automatically agree that all tasks recommended for performing on the User’s particular device will be performed on the User’s given device in accordance with the algorithms incorporated in the Solution, namely the device drivers will be installed/updated, and the recommended Third-party software will be installed.The License Agreement — is the text of this Agreement concluded between the DriverPack and the User, which contains all required and significant terms and conditions of the License Contract on granting the rights of use of the Solution.The Site is either of two DriverPack’s official websites: https://drp.su and https://driverpack.io.The DriverPack Standards are the rules developed and approved by the DriverPack which contain the requirements to the Third-party software, and to the information about such software, so that any Third-party software and information about it should meet them. The DriverPack Standards should be posted by the DriverPack on the Site on the link: https://drp.su/en/info/software-standards.
1. Acceptance of the License Agreement
1.1. Before downloading the Solution from the Site, starting it or using it in any other possible way, the User should read this License Agreement as well as all the rules and other documents applicable to the Solution that are posted on the Site.
1.2. This License Agreement shall enter into force since the moment when the official version of the Solution has been downloaded by the User, which the User is notified about immediately after downloading process has begun, or since the moment of any use of the software by the User (including start and installation), and is valid further on for the entire period of the Solution use by the User.
By entering into this License Agreement, and/or downloading and/or using the Solution, the User agrees that the Solution is intended for personal use only.
1.3. The fact of downloading of the Solution official version by the User or any use of the Solution also means full and unconditional acceptance of this License Agreement terms and conditions by the User.
1.4. The User who installs / starts the Solution confirms that he is an adult of the legal age and capable in accordance with the current laws of the Russian Federation. The user undertakes to restrict use of the Solution by the underaged or incapable persons who have access to the User’s computer with the installed / started Solution on it. If the User permits use of the Solution by the underaged or incapable persons, the User takes full responsibility for their actions, for getting information by them, or any other consequences of using the Solution by the underaged or incapable persons.
1.5. The DriverPack doesn’t undertake the obligations contained in this License agreement to the third parties who are not the Users as well as to the organisations, in case the Solution is used on the User’s device which belongs to the third parties including organisations.
2. The Solution
2.1. The DriverPack provides the User with the non-transferable right to use the Solution all over the world free of charge, on basis of a simple (non-exclusive) license, in the following ways:
2.1.1. using the Solution on its direct functional purpose in accordance with the Functionality. For this purpose it should be downloaded from the Site or from the Partners’ websites (in *.exe|.zip format or via the official torrent-file), or via the other official DriverPack’s software products, and then started / installed onto the User’s device(s). The User has the right to copy / start / install the Solution onto the unlimited number of the User’s devices;
2.1.2. reproducing and distributing the Solution in its unmodified form and strictly for non-commercial purposes (free of charge).
3.1. Unless used in volumes and in the manners directly provided in this License Agreement or the Laws of the Russian Federation, the User shall not:
3.1.1. change, decompile, disassemble, decode, and perform any other actions over the Solution software / source code for the purpose of extracting the Solution source code, or getting information regarding realization of the algorithms used in the Solution, create the derivative products by using the Solution as well as perform (allow to perform) any other use of the Solution without a written permission from the DriverPack. The User has no right to perform error correction, nor to modify or adapt the Solution by any other possible way;
3.1.2. reproduce, distribute, bring the Solution to the public in any form and by any possible way which is not directly provided in this User License Agreement including jointly with the other software, as a part of the software product sets, along with the other software, adjustments, and any other products regardless the purposes of such usage, without a written permission from the DriverPack;
3.1.3. transfer, assign or sublicense his license rights to use the Solution to any other person or legal entity, or use / permit using the Solution for the third-party services;
3.1.4. use the Solution or its parts for commercial purposes including (but not limited with) for interaction or promotion of commercial advertising or commercial offers;
3.1.5. use or try to use the Solution as well as the Third-party software for downloading, storing or transferring any data, information or materials which violate the third-parties’ intellectual property rights as well as their other rights; contain any illegal, harmful, threatening, insulting, discrediting or any other undesirable materials of any kind, or are able to damage, restrict or impair operation of the Solution, and the Third-party software;
3.1.6. obtain or attempt to obtain unauthorized access to the Solution or to the Third-party software, or the related networks, or the contents which is stored or delivered via them by any possible ways including by hacking, or by attempts to bypass or hack of any firewalls, or any other technological protection or security measures;
3.1.7. reveal or publish out the Solution test results without the DriverPack's consent;
3.1.8. violate nor bypass control over installation or use of the Solution copies or the Third-party software copies, as well as to help the third-party persons do the same;
3.1.9. use the Solution for providing or creating any product or service competing with the Solution;
3.1.10. use the Solution in any possible way which is not intended directly by this License Agreement.
3.2. The User shall follow the Regulations of the Russian Federation Law currently in force, this License Agreement as well as the user agreements (license agreements), and the other similar agreements contracted with the Rightholder, and the Laws which are applicable towards the relationship between the User and the Rightholder.
4. The Third-Party Software
4.1. Taking into account the fact that the Solution provides the User with the capability to install the Third-party software, the DriverPack disclaims any expressed or implied obligations on providing any technical or other kind support to such Third-party software. For technical support and maintenance issues including issues on the Third-party software update, fixing the found bugs, and for some other actions providing proper operation of the Third-party software installed by the User, as well as in case of complaints, the User should apply directly to the Rightholder who has provided the Third-party software in question.
4.2. The DriverPack exerts all reasonable efforts to control that the recommended Third-party software meets the DriverPack Standards. The DriverPack does not guarantee that the Third-party software will be in constant and entire conformity with the DriverPack Standards.
4.3. The DriverPack is not the Rightholder’s representative in relationships between the Rightholder and the User within the User Agreement (License Agreement) concluded between the Rightholder and the User; the terms and conditions of this License Agreement don't cover such relationships. By installing the Third-party software, the User concludes the appropriate Rightholder’s User Agreement (License Agreement) directly with the Rightholder, and the Rightholder himself is responsible to the User for fulfilling the terms and conditions of such User Agreement (License Agreement). The DriverPack is not the Side, according to this Rightholder’s User Agreement (License Agreement), and thus it has no obligations within such agreement.
4.4. The DriverPack is not a licensor of the Third-party software, and thus, does not provide the User with the appropriate rights based on a license (sublicense).
4.5. The User takes the obligation to read the description of the Third-party software, its usage conditions, the requirements to the User’s device as well as the terms and conditions of the Rightholder’s User Agreement (License Agreement), available on the Rightholder’s website, by himself before installation. By installing the Third-party software, or by using the automatic configuration function, the User accepts the terms and conditions of the User Agreement (Licence Agreement) of the Rightholder, and undertakes to follow its guidelines. In case the User disagrees with the terms and conditions of the Rightholder’s User Agreement (License Agreement), he shall not install, copy, download, or use the Third-party software via the Solution by any other possible way. The Point 4.5 Regulations are also valid when the User uses the Automatic Configuration.
4.6. The DriverPack is not responsible to the User for the Third-party software quality. The Rightholder himself is responsible to the User for the Third-party software quality, and any consequences of installation of the Third-party software.
4.7. The DriverPack is not responsible for the actions of the Rightholders including any failure or delay in fulfilling, in whole or in any part; causing damage to the User’s devices as a result of installing the Third-party software; failure of the communication facilities or technologies; the failures related to connecting to the Internet; troubles with telecommunication or information-technology equipment; military and terrorist acts; network attacks, and any other information-technological attacks; as well as strikes, sabotage, fires, or any other natural disasters and emergencies, and all other events which the DriverPack is unable to impact at in any significant way.
5. Intellectual Property Rights
5.1. None regulations of this License Agreement provide the User with any ownership rights of the Solution, either in whole or in part.
5.2. The DriverPack confirms that the Solution is the object of non-exclusive rights of the DriverPack based on the License Contract.
The User should not do or allow any actions that violate the non-exclusive rights of the DriverPack at any moment (neither before nor after termination of this License Agreement).
5.3. The User should not perform or allow any actions that violate the rights of the Rightholder on the Third-party software distributed by him, at any moment (neither before nor after termination of this License Agreement).
5.4. The User is responsible for violating of the rights to the results of intellectual activities to the DriverPack or to the Rightholder, accordingly.
5.5. The User provides the DriverPack with the right and permission to store and to use any comments, and suggestions concerning the Solution that were addressed to the DriverPack by the User, for purposes of development of any existing or future products or services from DriverPack, without paying any compensation to, or obtaining any permission from the User for such storage or use.
6. The User Rights
6.1. The User has the right to reproduce the Solution for personal, non-commercial purposes only, provided he saves combination, composition and content of the Solutions in the unchanged form on any User’s devices.
6.2. The User has the right to use the Solution on its direct functional purpose on the unlimited number of the User’s devices in accordance with the terms and conditions of this License Agreement.
6.3. The User has the right to sign in / log in the Solution, to change his personal settings, and to perform any other actions that are not forbidden by the Laws of Russian Federation (applicable laws) or by this License Agreement regarding use of the Solution on its direct functional purpose.
6.4. The User has the right to apply to the DriverPack if he has any technical support and service issues including the Solution update issues, bug fixing issues, and on other actions that provides proper operation of the Solution, as well as in the case of complaints on the Solution operation. The DriverPack handles requests from the Users according to how busy the DriverPack experts are, and can make a decision not to reply to a certain request of the User without any explanations.
7. Automatic Updates
7.1. From time to time, the Solution can automatically interact with the DriverPack software and hardware tools in order to check if any Solution updates are available, that is modifications, additional modules, etc. (hereinafter referred to as ‘the Updates’).
7.2. By installing the Solution, the User agrees to possibility that a query can be done, as well as to receiving and installing the Updates in automatic mode. As a result, the User can be limited in using the Solution or the User’s device (or its certain functions only) till the moment when the installation and activation of the Updates have been fully completed. The Updates will be considered a part of the Solution in every aspect regarding this License Agreement. The Update can be represented in form of some supplement, removal of a certain function or feature of the Solution, or its full replacement. Herewith the content, as well as the functions and features of the updated Solution are determined exclusively by the DriverPack. The DriverPack or the Solution is not obliged to provide the User with the opportunity to reject or postpone installation of the Update. Anyway, in order to get as much benefit from using the Solution as possible, the User need to get all available Updates and create no obstacles to installing them. The DriverPack can stop supporting the Solution without special notification till the moment when the User has received and installed all Updates. The decision on if the Updates are required and how regularly they should be performed is determined by the DriverPack at its own discretion, and herewith it’s not the DriverPack’s obligation to provide the User with the Updates. The DriverPack can stop providing the Updates for any Solution version, or to any User group, or the User’s devices at its own discretion.
8. Personal Data Protection
8.1. The DriverPack follows the Law Regulations on personal data. In case the DriverPack collects, process, and use the Users’ personal data, the DriverPack will be guided by the Laws of the Russian Federation regarding the personal data.
8.2. The DriverPack has the right to use the data provided by the User including the personal data and information about the technical means (devices), and the ways of technical interaction with the Solution (including the host IP-address, the Licensee’s operating system type, the browser type, geographic localization, data about the provider, and any other data), as well as to give it to the third-party persons for the purposes of ensuring compliance with the requirements of the current active laws of the Russian Federation, protecting the Users’ right and interests, as well as DriverPack's and the third parties’ rights (including the purposes of revealing, inspecting / investigating and/or suppressing any unlawful actions).
8.3. The data which are not related to personal data or are impersonal, may be collected by the DriverPack automatically for improving the Functionality and experience of using the Solution by the Users.
8.4. The DriverPack is not responsible for any data sent by the User to the Rightholder, or collected by the Third-party software. In this case protection of the User’s data will be regulated by the appropriate agreement between the User and the Rightholder.
8.5. The DriverPack does not transfer the collected data to any third party except the cases when such transfering is initiated by the User from whom those data were collected, or if it should be fulfilled in accordance with the decision of the competent court or of the administrative bodies of the Russian Federation.
The DriverPack is not responsible for transferring of the collected data when such transfer is initiated by the User from whom those data were collected, or if it should be fulfilled in accordance with the decision of the competent court or of the administrative bodies of the Russian Federation.
9. Responsibility of the Parties
9.1. The User directly agree with the fact that he uses the Solution at his own risk.
9.2. The User realizes and agrees that the Solution can collect information from the User’s device which is required for the Solution installation and functioning, for recommendations and installation of the Third-party software.
9.3. In some cases, the User may need an active and stable connection to the Internet and the Administrator rights in the operating system on which the Solution is installed, started and operates. It is the responsibility of the User to gain constant active and stable Internet connection and the Administrator rights.
9.4. This License Agreement will terminate immediately if the User violates any obligations contained herein, including any obligations of the User mentioned in Sections 3, 5, and 9 of this License Agreement. The DriverPack reserves the right to support, limit or terminate the User's access to the Solution, as well as to stop updating the Solution at any time, for any reason or without explanation, with or without prior notifying at its own discretion, without any responsibility for any harm that may be caused to the User by such action.
9.5. In cases if the User violates the rights to results of the intellectual activity, the DriverPack has the right to demand (by his choice) compensation for damages, or compensation payment from the offender in amount of 10,000 (ten thousand) rubles to 5,000,000 (five million) rubles which is defined at the discretion of the court, according to the Article 1252, Point 3 and Article 1301 of the Civil Code of the Russian Federation.
9.6. The DriverPack is not responsible for temporary failures and breaks in the Solution operation, for any damage of the User’s device or software caused by or related to downloading materials via the Solution or service support.
10. Responsibility Limitation
10.1. The Solution is provided on the ‘as is’ conditions. The DriverPack makes commercially reasonable efforts to ensure that the Solutions operates in 24/7 mode but it does not guarantee the Solution error-free and trouble-free operation, conformity with the User's specific goals and expectations, nor provides any other guaranties which are not pointed directly in this License Agreement.
10.2. The DriverPack is not responsible for any expressed or implied consequences of any use or non-use of the Solution and/or damage caused to the User’s devices, to the User and/or the third parties as a result of some use or non-use of the Solution including because of possible errors or failures in the Solution operation. Under no circumstances, the DriverPack is responsible for the lost profits, for any claims for consequential damage compensation, claims of the third parties, or for any indirect or current losses or related expenses which may arise due to installation or use of the Solution including those caused by its defects, as well as for loss or inaccuracy of any type data, regardless if the DriverPack knew about possibility of causing such damage or loss.
10.3. The DriverPack disclaims any liability for the Solution including any material damage, and the liability as a result of loss or data confidentiality breach caused by using the Solution. The DriverPack does not give any guarantees of safe or protected data storage. The Solution can make changes in the User’s device operation which are able to affect its functional capabilities in a negative way such as to remove and update device drivers, to change the software list in startup, to create tasks in the Task Scheduler, etc. The User aware and permits making changes like these on the User’s device which are possible to occur as a result of using the Solution. The Solution is not failure-resistant and is not intended for using in dangerous conditions where its trouble-free operation is required.
10.4. Up to a certain extent permitted by valid laws, the DriverPack expressly disclaims any warranties related to the Solution including any commercial quality warranties and (or) usefulness for a certain purpose, productivity warranties as well as any warranties which can arise out of the usual business practices or use by any other possible way.
10.5. The DriverPack is not responsible for any flaws in the Third-party software including liability for any loss as well as damage caused to the User, to the third parties and (or) to the User’s devices. The User agrees that all disputes and disagreements related to the Third-party software provided, including the disputes regarding compensation of loss (harm) should be resolved between the User and the Rightholder.
10.6. Restricted liability, and warranty obligations disclaimer, and damage liability disclaimer described above will keep being in force even after termination of this License Agreement.
11. Dispute Resolving
11.1. Any Users’ claims on the issues related to the Solution are accepted by the DriverPack in the electronic form (to e-mail: firstname.lastname@example.org provided the User’s identification data are presented) not later than within 3 (three) working days since the moment the circumstances mentioned by the User in such claim have occurred. The DriverPack has the right to initiate correspondence with the User in order to clarify the User’s claim details. If the DriverPack don’t receive any reply to its inquire within three days, it has the right to consider this as cancel of the User’s claim.
11.2. When the disputes between the User and the DriverPack occur, the obligatory pre-trial (claim) dispute resolving procedure is applied: it provides for the User to submit his claim in writing to the DriverPack’s postal address. The claim must contain without fail the data allowing to identify the User, the accurate moment when the cause for the claim occurred, and the substantiations for the claim.
11.3. In case agreement has not been reached by the Sides in process of the pre-trial (claim) dispute resolving procedure (if the parties have not come to any agreement within 60 calendar days since the moment when the DriverPack received the claim from the User in a writing form), the dispute resolving is carried out in the court of general jurisdiction at the location of the DriverPack.
11.4. The User agrees that all possible disputes concerning use of the Solution and related to this License Agreement will be resolved according to the valid Laws of the Russian Federation.
11.5. The User agrees that the norms of the Consumer Rights Protection Law can not be applied to this License Agreement since the DriverPack does not provide the User with any paid services.
12. Final Provisions
12.1. This License Agreement comes into force since the moment of its acceptance by the User and remains valid indefinitely.12.2. This License Agreement is an official document of the DriverPack. The valid edition of the License Agreement is posted on the Site and is available in the Internet networks at the link: https://drp.su/en/cloud/terms-of-use.12.3. The text of the License Agreement (including any of its parts) can be changed by the DriverPack without prior notifications of the Users. The new edition of the License Agreement comes into force since the moment of being posted on the Site unless otherwise is provided by the new edition of the License Agreement.12.4. It is the User’s own responsibility to check if any changes of this License Agreement or any other information related to the Solution are available on the Site.12.5. In case there are the contradictions between the edition of the License Agreement existing at the moment of downloading, start/ installation of the Solution, and the latest edition of the License Agreement which is posted on the Site, the priority belongs to the edition of the License Agreement posted on the Site.12.6. In case some condition of this License Agreement has been admitted invalid, this License Agreement will remain in force without taking this point into account till the moment it will be added to it, unless the otherwise is not stated by the valid Laws of the Russian Federation.12.7. The headers in this License Agreement don’t affect its interpretation in general. Using any of grammatical genders implies using all of them. The singular means the plural as well, and vise versa. Where the definition of a word or a phrase is given, all grammatical forms of it has the appropriate meaning.12.8. This License Agreement has been made in Russian and English languages. In case of contradictions between the texts of this License Agreement in Russian and in English, the priority belongs to the text in Russian.12.9. The DriverPack can accede its rights and obligations under this License Agreement to somebody else, at any moment, at its own discretion, without any need to obtain the prior or subsequent User's consent.12.10. The DriverPack can change design and the User interface of the Solution, their content, the Solution functions provided, can change or complement the scripts, software, the third-party software and the other objects used by the Solution, any service applications at any moment, with or without notification of the User.12.11. In case one or several regulations of the License Agreement are considered invalid in accordance with the court decision which come in force in the established order, it does not cause considering the entire License Agreement invalid in whole.
All notifications from the DriverPack are performed in writing form. It will be quite enough to do so via e-mail.
The DriverPack can send the User a notification at any moment by using a pop-up, a dialogue box or by any other means even if, in some cases, the User might fail to receive the notification till the moment when he starts the Solution. Any such notification will be considered as delivered from the day when the DiverPack makes it available via the Solution regardless of when the User has actually received it.
14. Information about The DriverPack
14.1. Bank Details
Company Name: DriverPack, Limited Liability Company
3, bldg. 2, Likhov Side-Street,
Moscow, 127051, Russia
Taxpayer Identification Number (TIN): 9705040182
Primary State Registration Number (PSRN): 1157746488712
Tax Registration Reason Code (TRRC): 770501001
Settlement Account: 40702810602880001185
Loro Account: 30101810200000000593 in
MAIN DEPARTMENT OF BANK OF RUSSIA IN THE CENTRAL FEDERAL DISTRICT
Bank Identifier Code (BIC): 044525593
Bank Name: ALFA-BANK (JSC)
The Chief Executive Officer: Mr. Artur V. Kuzyakov
14.2. Information about the DriverPack products
The purpose of the DriverPack software product is the following: automatic configuration of the User’s computer, namely, driver installation/update, installation of the useful software, operating optimization, and operating system clearing (Microsoft Windows product family).
The DriverPack products development started in May, 2008.
The author of the idea and the DriverPack SW initial version developer is Artur Kuzyakov.