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END USER LICENSE AGREEMENT

Please note that a scan will start immediately after the install process is completed and while this scan cannot be cancelled, you can minimize the scan window and continue working.

Please read this agreement carefully before continuing with the download and installation of the software program identified above and any associated software components, media, printed materials or other related electronic documentation (collectively, the “product”). to complete your order for the product you’ve requested, you must first accept the terms and conditions of this agreement by electronically clicking the button “accept”. by doing so, or otherwise installing, copying, or using the product, you agree to be bound by the terms of this agreement. this agreement represents the entire agreement concerning the product between you and DSR Softwares, and it supersedes any prior proposal, agreement, representation, or understanding between the parties. this agreement contains an arbitration provision.if you do not agree to these terms and conditions, then do not click the “agree”, “accept”, or “yes” buttons or other indicator of your electronic acceptance of this agreement, and do not use or access this software.

Section 1. Intellectual Property Rights

The Product is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Product belong to DSR Softwares, 123 East 9th Street, Ste # 323 Upland, California 91786. Further, all right, title and interest, including all intellectual property rights, in and to the content which may be accessed through use of the Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted to you are reserved by DSR Softwares. The Product is only licensed to you, not sold. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform the Product. Copying or storing the Product other than as expressly permitted in Section 2 below is prohibited unless you obtain prior written permission from DSR Softwares.

Section 2. License Grant and Prohibited Uses

DSR Softwares hereby grants you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable and non-sublicensable license to use the Product on a single computer, running a validly licensed copy of the operating system for which the product was designed, for your personal use or for the internal business use of your company. You may make a single copy of the Product for archival purposes and may use such copy only when the original copy is not in use. You may not remove or alter any copyright notices on any copies of the Product. You may not use the Product on a computer network or allow concurrent use of the Product by more than one individual. You may not rent, lease or otherwise transfer the Product. Unless permitted by law, you may not reverse engineer, decompile, or disassemble the Product or attempt to do so. Any supplemental code that DSR Softwares may provide you in connection with any support services agreed upon between the parties shall be considered part of the Product and shall be subject to the terms and conditions of this Agreement. You must comply with all applicable laws regarding use of the Product.

Section 3. Limited Warranty

DSR Softwares warrants and represents to you that the Product will substantially conform to and operate in accordance with its documentation for a period of thirty (30) days from the date you accept the terms of this Agreement and complete the download of the Product (“Warranty Period”). This Limited Warranty applies only if the nonconformance is reported to DSR Softwares during the Warranty Period and if DSR Softwares is able to confirm the substantial non-conformance. It is void if the non-conformance of the Product is the result of accident, abuse, misapplication, or inappropriate use of the Product. The exclusive remedy for breach of this warranty shall be, at DSR Softwares’s option, either (i) the repair or replacement of the Product; or (ii) a refund of the price, if any, which you paid to license the Product.

Section 4. Warranty Disclaimer

Subject to the provisions of section 3 above, the product is being licensed on an “as is” and “with all faults” basis without any express or implied warranty of any kind. the entire risk as to the quality and performance of the product is with you, and, should the product prove defective, you and not DSR Softwares assume the entire cost of all necessary servicing or repair. to the extent permitted by law, DSR Softwares disclaims all other warranties on the product, either express or implied, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for particular purpose. further, DSR Softwares does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the product. DSR Softwares makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. DSR Softwares further expressly disclaims any warranty or representation to authorized users or to any third party. the duration of any statutorily-required warranty period shall be limited to the term of the limited warranty. notwithstanding the foregoing, you may have other rights, which vary from state to state and country to country.

Section 5. Disclaimer of Consequential Damages

Under no circumstances shall DSR Softwares be liable for any consequential or incidental damages whatsoever arising out of the use of the product or inability to use the product, including without limitation, computer failure, work stoppage or any other damages, even if company has been advised of the possibility of such damages. because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Section 6. Limitation on Liability

DSR Softwares shall have no liability with respect to the content of the product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. DSR Softwares’s total liability shall in no event exceed the actual price paid for the product.

Section 7. Export Control

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Product to countries or persons prohibited under the export control laws. By downloading the Product, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Product.

Section 8. Taxes.

You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Product.

Section 9. Government Users

If the Product is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), it is provided with Restricted Rights. Use, duplication, or disclosure of the Product by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause of DFARS and any other related applicable U.S. statutes or regulations.

Section 10. Termination

Without prejudice to any other rights, DSR Softwares may terminate this Agreement if you fail to comply with the terms and conditions set forth herein. In such event, you must destroy all copies of the Product in your possession.

Section 11. General Terms

If you live within the United States, the terms of this Agreement shall be governed by the laws of the State of California. If you live outside of the United States, the terms of this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and DSR Softwares with respect to this transaction. Any changes to this Agreement must be made in writing, signed by an authorized representative of DSR Softwares.

Section 12. Claims Resolution

Most customer concerns can be resolved through DSR Softwares’ online support center. In the event that DSR Softwares is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

For this section, the words “you” and “DSR Softwares” include any corporate parents, subsidiaries, affiliates or related persons or entities. The word “claim” means any current or future claim, dispute or controversy relating to the Product, this Agreement, and this Claims Resolution provision, except for the validity, enforceability or scope of the Arbitration provision. The word “claim” also includes but is not limited to: (i) initial claims, counter-claims, cross-claims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (iii) claims by or against any third-party using or providing any product, service or benefit in connection with Agreement; and (iv) claims that arise from or relate to advertisements, promotions or oral or written statements related to the Product. You or DSR Softwares may not sell, assign or transfer a claim.

Sending a Claim Notice

Before beginning a lawsuit, mediation or arbitration, you and DSR Softwares agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation.

Notice to DSR Softwares must include your name, address, the name of the Product at issue, the date of download or purchase of the Product, the email address you previously provided to us, if any, and the license code DSR Softwares provided to you, if any. The notice must be sent to
support@dsrsoftwares.com. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Mediation

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps the parties reach agreement.

Before beginning mediation, you or DSR Softwares must first send a claim notice. If you live within the United States, within thirty days after sending or receiving a claim notice, you or DSR Software may submit the claim to JAMS (1-800-352-5267, jamsadr.com), the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org), or another mutually agreed upon mediator, for mediation. If you live outside of the United States, you may contact DSR Softwares for information on potential mediators.

All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation.

Either you or DSR Softwares may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or DSR Softwares’ rights under this Claim Resolution provision.

Arbitration

If you live in the United States, you or DSR Softwares may elect to resolve any claim by individual arbitration. If you do not live in the United States, this arbitration subsection does not apply to you. In individual arbitration, claims are decided by a neutral arbitrator.

If arbitration is chosen by any party, neither you nor DSR Softwares will have the right to litigate that claim in court or have a jury trial on that claim. Further, neither you nor DSR Softwares will have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or DSR Softwares would have in court may also not be available in arbitration.

Initiating Arbitration

Before beginning arbitration, you or DSR Softwares must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization’s rules in effect when the claim is filed, except where those rules conflict with this this Arbitration provision. If DSR Softwares choose the organization, you may select the other within thirty days after receiving notice of DSR Softwares’s selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and DSR Softwares agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).

You or DSR Softwares may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or DSR Softwares may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

DSR Softwares will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

Limitations on Arbitration

If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other licensees or other persons similarly situated.

The arbitrator’s authority is limited to claims between you and DSR Softwares alone. Claims may not be joined or consolidated unless you and DSR Softwares agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Arbitration Procedures

This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have thirty days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to by any party. Judgment upon any award may be entered in any court having jurisdiction.

At your election, any in-person arbitration hearings will take place in the federal judicial district of your residence.

Arbitration Fees and Costs

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in a court of general jurisdiction. DSR Softwares will be responsible for any additional arbitration fees. At your written request, DSR Softwares will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Arbitration Awards

If the arbitrator rules in your favor for an amount greater than any final offer DSR Softwares made before arbitration, the arbitrator’s award will include:

  • any money to which you are entitled, but in no case less than $2,000; and
  • any reasonable attorneys’ fees and costs.

Your Right To Reject Arbitration

You may reject this Arbitration provision by sending a rejection notice to DSR Softwares at: support@dsrsoftwares.com. Your rejection notice must be sent within 30 days after your first download or purchase of the Product. Your rejection notice must state that you reject the Arbitration provision and must include your name, address, the date of download or purchase of the Product, the name of the Product, the email address you previously provided to DSR Softwares, if any, and the license code DSR Softwares provided to you, if any. If your rejection notice complies with these requirements, this Arbitration provision will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Agreement. Rejecting this Arbitration provision will not affect your ability to use the Product.

Continuation

This Claims Resolution provision will survive termination of this Agreement or your license to use the Product. If any portion of this Claims Resolution provision, except as otherwise provided in the Limitations on Arbitration provisions above, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution provision.

Section 13: MISCELLANEOUS

1. Silent Installation: The application will not install without displaying the installation window or without showing any promotions. One who wishes to download DSR Softwares has to agree to it’s Terms and Conditions and Click to Download before using it.

2. Scheduled Tasks: The application may create default scheduled tasks upon installation.

END USER LICENSE AGREEMENT

Remember that when the installation process is finished, a scan will begin. while this scan cannot be stopped, you can minimize the scan window and go on working. electronic documentation (collectively, the “product”), please read this agreement carefully. you must first accept the terms and conditions of this agreement by electronically clicking the “accept” button in order to complete your order for the product you’ve requested. you agree to be bound by the terms of this agreement by doing so or otherwise installing, copying, or using the product. this agreement supersedes any prior proposal, agreement, representation, or understanding between the parties and represents the whole understanding between you and dsrsoftwares  regarding the product. this agreement includes a provision for arbitration. do not click the “agree”, “accept,” or “yes” buttons or other indicator of your electronic acceptance of this agreement and do not use or access this software if you do not agree to these terms and conditions.

Section 1. Intellectual Property Rights

The Product is protected by copyright and other intellectual property laws, and all intellectual property rights

Section 2. License Grant and Prohibited Uses

DSR Softwares hereby grants you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, and non-sublicensable licence to use the Product for either your own personal use or for the internal business use of your company on a single computer running a licenced version of the operating system for which the product was designed. You are only permitted to use the one copy of the Product you made for archiving reasons while the original copy is not in use. All copyright notices that are present on any copies of the Product may not be removed or altered. The Product may not be used on a computer network, nor may you permit simultaneous use of the Product by multiple users. The Product may not be rented, leased, or transferred in any other way. You may not, and you may not attempt to, reverse engineer, decompile, or disassemble the Product unless expressly allowed by law. The terms and conditions of this Agreement will apply to any additional code that DSR Software may give you in conjunction with any support services that the parties have agreed upon. This additional code will be regarded as a component of the Product. Regarding the usage of the Product, all applicable laws must be followed.

Section 3. Limited Warranty

For a period of thirty (30) days starting on the day you accept the terms of this Agreement and finish downloading the Product, DSR Softwares guarantees and represents to you that the Product will essentially conform to and work in accordance with its documentation (“Warranty Period”). Only if the nonconformance is notified to DSR Softwares during the Warranty Period and if DSR Softwares is able to verify the substantial non-conformance does this Limited Warranty apply. If the non-conformance of the Product is the result of misuse, abuse, improper use, or accident, the Guarantee is invalid. In DSR Softwares discretion, the only available remedies for a violation of this guarantee are I the repair or replacement of the Product; or (ii) a refund of the fee, if any, that you paid to licence the Product.

Section 4. Warranty Disclaimer

The product is being licenced “as is” and “with all faults” without any explicit or implied warranties of any kind, subject to the restrictions of section 3 above. You have full responsibility for the product’s performance and quality, and should it turn out to be faulty, you alone are responsible for paying for any required service or repairs, not DSR Softwares. Apart from the implicit warranties of merchantability, non-infringement of third-party rights, and fitness for a specific purpose, DSR Softwares makes no additional representations or guarantees regarding the product, to the fullest degree permissible by law. Also, the accuracy or completeness of any information, text, graphics, links, or other materials contained within the product is not guaranteed by DSR Softwares, and no responsibility is taken for it. Regarding any harm that could be brought about by the transmission of a computer virus, worm, time bomb, logic bomb, or other similar computer programme, DSR Softwares provides no warranty. Also, DSR Softwares explicitly disclaims making any warranty or representation to authorised users or to any third party. Any legally mandated warranty period’s duration shall equal the length of the limited warranty. Despite the aforementioned, you may also be entitled to various protections, which differ from state to state and nation to country.

Section 5. Disclaimer of Consequential Damages

Even if the company has been informed of the possibility of such damages, DSR Softwares shall under no circumstances be liable for any consequential or incidental damages of any kind arising out of the use or inability to use the product, including without limitation, computer failure, work stoppage, or any other damages. The following restriction may not apply to you because some states and nations do not permit the exclusion or limitation of responsibility for consequential or incidental damages.

Section 6. Limitation on Liability

DSR Softwares disclaims all responsibility for any errors or omissions in the product’s content, as well as any libel, trademark infringement, violation of publicity or privacy rights, interruption of business, personal injury, invasion of privacy, violation of moral rights, or disclosure of confidential information. In no case may DSR Softwares’s total responsibility exceed the actual amount paid for the product.

Section 7. Export Control

Information and product export are under US authority. You consent to abide by such limitations and not export or reexport the Product to individuals or nations that are forbidden by export control regulations. You confirm that you are not a person or entity that such export is forbidden to by downloading the Product if you are in a country where such export is banned. Regarding the import, export, or re-export of the Product, it is your responsibility to abide by local regulations in your area.

Section 8. Taxes.

Any sales, use, and similar taxes pertaining to the licence of the Product shall be your responsibility.

Section 9. Government Users

The Product comes with Limited Rights if it is downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (the “U.S. Government”). The U.S. Government is restricted from using, copying, or disclosing the Product in accordance with the terms of the DFARS’s Rights in Technical Data and Computer Software provision and any other relevant U.S. laws or regulations.

Section 10. Termination

If you violate any of the terms and conditions outlined below, DSR Softwares may cancel this Agreement without affecting any other rights. In this situation, you must get rid of all copies of the Product you have.

Section 11. General Terms

The laws of the State of California shall govern this Agreement’s provisions if you reside in the United States. The laws of the People’s Republic of China’s Hong Kong Special Administrative Area shall apply to this Agreement if you reside outside of the United States. The legality of the remaining terms of this Agreement, which shall continue to be in full force and effect, shall not be affected by the invalidity of any provision of this Agreement as determined by any court with competent jurisdiction. No waiver of any provision of this Agreement shall constitute a subsequent or continuing waiver of that provision or of any other provision. The terms of this Agreement represent the full understanding between you and DSR Softwares regarding this deal. Any modifications to this Agreement must be made in writing and signed by a DSR Softwares authorised representative.

Section 12. Claims Resolution

The majority of client issues may be handled by DSR Softwares’ online support team (available at https://www.dsrsoftwares.net/support/). This section discusses how disputes can be settled through mediation, arbitration, or litigation if DSR Softwares is unable to resolve a grievance to your satisfaction. It has a clause on arbitration.

The terms “you” and “DSR Softwares” as used in this section include any corporate parents, subsidiaries, affiliates, or connected individuals or entities. Except for the legality, enforceability, or scope of the Arbitration section, the term “claim” includes any past, present, or future dispute, claim, or controversy pertaining to the Product, this Agreement, and this Claims Resolution provision. The following list is not exhaustive but refers to claims:

  • (i) initial claims, counterclaims, crossclaims, and claims from third parties;
  • (ii) claims based on contracts, torts, fraud, statutes, regulations, common law, and equity;
  • (iii) claims by or against any third party using or providing a product, service, or benefit in connection with the Agreement; and
  • (iv) claims that result from or are related to advertisements, promotions, or verbal or written statements about the Product. A claim cannot be sold, assigned, or transferred by you or DSR Softwares.

Sending a Claim Notice

Your name, address, the name of the Product in question, the date the Product was downloaded or purchased, a prior email address you gave us, if any, and, if applicable, the licencing number DSR Softwares gave you must all be included in the notice you send to them. You must send the notification to support@dsrsoftwares.com. The amount of any remedy requested in a claim notice will not be revealed to the arbitrator until after the arbitrator makes a decision whether the claim advances to arbitration.

Arbitration

You or DSR Softwares may choose to resolve any issue through individual arbitration if you reside in the United States. You are not covered by this arbitration part if you don’t reside in the US. Claims are resolved by an impartial arbitrator in individual arbitration.

Neither you nor DSR Softwares will be able to fight this issue in court or have a jury trial on it if arbitration is chosen by one of the parties. Moreover, with regard to any claim submitted to arbitration, neither you nor DSR Softwares shall be granted the opportunity to act as a class representative or member. In comparison to court regulations, arbitration proceedings are typically more straightforward, and discovery is also less extensive. The court’s examination of the arbitrator’s conclusions is extremely constrained and they are just as legally binding as any court order. The arbitrator’s ruling shall be conclusive and binding, subject to the provisions below.

Initiating Arbitration

chooses, claims will be sent to JAMS or AAA. When a claim is submitted, it will be decided in accordance with this Arbitration provision and the rules of the chosen organisation, unless those rules conflict with this Arbitration provision. If DSR Softwares chooses the organisation, you have thirty days from the time you receive notification of their choice to choose another. For further information or to start an arbitration, get in touch with JAMS or AAA. If both you and DSR Softwares agree in writing, claims may also be sent to a different arbitration body or a third-party arbitrator selected in accordance with section 5 of the Federal Arbitration Act. If you and DSR Softwares agree in writing, claims may also be submitted to a different arbitration body or to an arbitrator chosen in accordance with section 5 of the Federal Arbitration Act, 9 U.S.C. 1-16 (the “FAA”). Until a lawsuit has been filed, the trial has started, or a final decision has been rendered, you or DSR Softwares may choose to arbitrate any dispute at any time. The right to arbitrate a claim may be delayed or not exercised by either you or DSR Softwares without affecting the other party’s ability to later exercise or enforce such right.

As long as the claim is unique and only pending in small claims court, DSR Softwares will not choose arbitration for each claim you file there.

Limitations on Arbitration

A claim will be arbitrated on an individual basis if either party chooses to have it resolved through arbitration. There will be neither a right nor a power for any claims to be arbitrated on the basis of a class action or on the basis of claims made in an ostensibly representative capacity on behalf of the general public, other licensees, or other people in a comparable situation. 

The arbitrator’s jurisdiction is only over disputes between you and DSR Softwares. Claim joining or consolidation is not permitted unless both you and DSR Softwares agree to it in writing. An arbitration award and any judgement confirming it are only applicable to the specific case and cannot be used in any other case except to enforce the award. If any part of these restrictions on arbitration is found to be invalid or unenforceable, the entire arbitration provision (aside from this sentence) will not apply, notwithstanding any other provision and without waiving the right to appeal such decision.

Arbitration Procedures

The FAA is in charge of this arbitration clause. The arbitrator will use the relevant substantive law, statutes of limitations, and privileges. In cases involving evidence or discovery, the arbitrator will not apply any federal or state rules of civil procedure or evidence. The arbitrator may otherwise grant any remedy that is available in court, subject to the limitations on arbitration. Although the arbitration will be private, you are free to make your claim known to any government agency. 

If your claim is for $10,000 or less, you may select whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. The arbitrator will provide a brief written explanation of the award upon request from any party. Except for any right of appeal granted by the FAA, the arbitrator’s decision will be final and binding. However, any party may appeal the decision within thirty days by notifying the arbitration organisation and all other parties in writing. The organisation will appoint a three-arbitrator panel to decide again, by majority vote based on written submissions, any aspect of the decision objected to by any party. Any court with jurisdiction may enter judgement on any award. 

Any in-person arbitration hearings will happen in the federal judicial district where your home is, if you so choose.

Arbitration Fees and Costs

You will be responsible for paying your portion of any arbitration fees (including filing, administrative, hearing, or other fees), but only up to the amount of the filing fees you would have incurred if you had filed a claim in a court with general jurisdiction. Any additional arbitration costs shall be borne by DSR Softwares. In response to your written request, DSR Softwares will consider in good faith paying your portion of any arbitration fees up front or covering the reasonable costs of an expert the arbitrator appoints for a good reason.

Arbitration Awards

The following items will be included in the arbitrator’s award if you win for a sum greater than any last offer DSR Softwares made prior to the arbitration:

  • (i)any compensation to which you are entitled, but in no event less than $2,000; and
  • (ii) any reasonable attorney fees and costs.

Your Right To Reject Arbitration

You can opt out of this Arbitration provision by sending DSR Softwares an email at support@dsrsoftwares.com. Your rejection notice must be sent within 30 days after your first download or purchase of the Product. Your rejection notice, which must also include your name, address, the time you downloaded or bought the product, its name, a previous email address you gave to DSR Softwares, if any, and any licence code they may have given you, must specifically state that you reject the Arbitration provision.

Continuation

This clause regarding claims resolution will remain in effect even after this Agreement or your licence to use the Product is terminated. Except as otherwise stated in the Limitations on Arbitration provisions above, if any part of this Claims Resolution provision is found to be invalid or unenforceable, the remaining parts of this Claims Resolution provision will remain in effect.

Section 13: MISCELLANEOUS

1. Silent Installation: The application won’t install if the installation window or any advertisements aren’t displayed. Before using DSR Softwares, one must first click to download it and accept its Terms and Conditions.

2. Scheduled Tasks: Upon installation, the application might produce default scheduled tasks.