Terms and Conditions
This page contains the terms and conditions (“Terms and Conditions”) for the Digital Support PC Fixer (“Software”). By downloading this Software, you agree to this agreement either for yourself or on behalf of your employer or another entity and agree to be bound by its terms and conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you do not have the legal authority to bind then do not download and install this Software.
Personal or Internal Business Use Only
The Software is made available to you for your personal or internal business use in compliance with all applicable laws, rules, and regulations. If you want to make commercial use of the Software, including but not limited to selling or distributing the Software for payment, you must enter into an agreement with Digital Support or obtain Digital Support's written permission in advance. Digital Support reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion.
Distribution
Once you have obtained Digital Support’s permission, you may make copies of this Software and distribute such copies to others provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others to whom you'd like to distribute the Software do not have this opportunity to review and agree to these Terms and Conditions but you would still like to distribute copies to them, you may do so provided that you have the legal right to bind each of those third parties to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, you may not distribute this Software to them.
Automatic Updates
This Software may communicate with Digital Support’s servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, and new versions (collectively, "Updates"). During this process, the Software sends Digital Support a request for the latest version information. By installing the Software, you hereby agree to automatically request and receive Updates from Digital Support’s servers.
Information Practices
Protecting users’ privacy is extremely important to Digital Support. As a condition of downloading and using the Software, you agree to the terms of the Digital Support Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by Digital Support may be stored and processed in the United States or any other country in which Digital Support Technology Inc. or its agents maintain facilities. By using the Software you consent to any such transfer of information outside of your country.
Intellectual Property
You acknowledge that Digital Support or third parties own all right, title and interest in and to this Software, portions thereof, or software or content provided through or in conjunction with this Software, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, or to extract significant portions of Software’s files for use in other applications. You also agree not to (and agree not to allow third parties to) remove, obscure, or alter Digital Support’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
Changes to Terms and Conditions
Digital Support reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at digitalsupporttech.com/en-us/terms.htm (or such successor URL as Digital Support may provide), so that you will be apprised of any changes.
Disclaimer of Warranties
Digital Support and any third party who makes its software or content available in conjunction with or through the Software disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of this Software and/or any third party software or content accessed in conjunction with or through the Software. THIS SOFTWARE AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THIS SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DIGITAL SUPPORT AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DIGITAL SUPPORT AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THIS SOFTWARE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THIS SOFTWARE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THIS SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THIS SOFTWARE AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DIGITAL SUPPORT OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THIS SOFTWARE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THIS SOFTWARE OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DIGITAL SUPPORT AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THIS SOFTWARE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THIS SOFTWARE, FROM INABILITY TO USE THIS SOFTWARE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THIS SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS SOFTWARE AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THIS SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Digital Support and/or a third party who make its software and/or content available in conjunction with or through this Software.