ArcSoft TotalMedia(TM)
ELECTRONIC PROGRAMMING GUIDE
TERMS OF SERVICE
ALL OF THE TERMS SET FORTH HEREUNDER ARE VERY IMPORTANT, SO YOU MUST READ AND AGREE TO THIS ENTIRE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREUNDER, PLEASE SELECT THE "I don't agree" BUTTON AFTER YOU HAVE COMPLETED THE REVIEW OF THE TERMS HEREUNDER.
1. The Software. ArcSoft TotalMedia(TM) provides a full range of video, photo, music, and TV viewing and recording functionalities. When provided to you, it does not only include the software, but may also include electronic documentation and Internet-based services ("TotalMedia"), which provide access to an electronic television programming guide service ("EPG"). Through use of TotalMedia, EPG provides an on-screen listing of all television programs and content that is customized for you when the service is subscribed.
2. Agreement. In order to receive EPG, which is provided to you by ArcSoft, Inc. ("ArcSoft"), you shall accept without modification of the terms and conditions contained in this Electronic Programming Guide Terms of Service ("Agreement"). By registration and use of EPG, you provide the acceptance of the terms and conditions set forth in this Agreement. If you accept these terms and conditions, please print a copy of this Agreement for your records. Upon the acceptance, you will be directed to a different screen or procedure, which will not appear without a user's consent, to obtain the applicable service.
3. Modifications. ARCSOFT RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME BY NOTIFYING YOU OF THE CHANGES AS DESCRIBED IN DETAIL BELOW. YOUR CONTINUED USE OF EPG FOLLOWING ANY SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. IF ANY OF THE CHANGES MADE TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE EPG BY FOLLOWING THE INSTRUCTIONS LISTED BELOW UNDER "TERMINATION OF SERVICE". The modifications may include changes to subscription fees, service operation and user rights and responsibilities. It is also your responsibility to review this Agreement as frequently as necessary and remain informed about any changes thereto, so we encourage you to review this Agreement as then in effect at epg.arcsoft.com
THE AGREEMENT DISPLAYED AT THE ABOVE LOCATION SHALL BE THE CONTROLLING AND EFFECTIVE AGREEMENT REGARDLESS OF ANY INCONSISTENCIES WITH THIS TERMS OF SERVICE OR THE TERMS OF SERVICE DISPLAYED WHEN YOU FOLLOW THE STEPS SET FORTH UNDER TERMINATION OF SERVICE IN THIS AGREEMENT.
4. Subscription for EPG. You represent and warrant that you are 18 years of age or older (or the age of majority in the jurisdiction in which you reside) and that you possess the legal right and ability to enter into this Agreement and to use the EPG in accordance with this Agreement. You agree to provide accurate and complete registration information. Your subscription is personal to you and you may not transfer it to any other person or entity. "You" and "your" as used throughout this Agreement shall mean you and any person using the EPG under your registration.
5. Use of the EPG Service. EPG may only be accessed using TotalMedia. EPG is offered solely for your personal and non-commercial use. Any commercial use of the EPG, or the resale or redistribution of any of its services or content, is expressly prohibited. You agree to abide by all applicable local, state, provincial, national, federal and international laws and regulations in your use of EPG. You shall not modify, copy, distribute, display, perform, sell, lease, license or create derivative works of any information obtained from the EPG. You may allow other members of your household to use your subscription provided that you remain liable for their compliance with the terms and conditions of this Agreement. YOU AGREE TO INDEMNIFY AND HOLD ARCSOFT AND ITS SUPPLIER OF THE EPG SERVICE, THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, ACTION, DAMAGE, COST OR EXPENSE, INCLUDING REASONABLE LEGAL AND ATTORNEYS' FEES, AGAINST ARCSOFT OR THE SUPPLIER FROM A THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE EPG.
6. Content and Change of Content of the EPG. ArcSoft does not control or endorse the content found in the EPG. Such content is provided by third parties and ArcSoft is not responsible for such content. The third party provider may change the content and related data at their discretion.
7. Subscription Fees and Other Charges. In order to receive the EPG services, you are required to make payment for annual (or other term as ArcSoft deems reasonable at its good faith judgment) subscription fee when you register for subscription. A free trial may be available at ArcSoft's discretion. In accordance with this Agreement, ArcSoft reserves the right to change prices, or institute new charges for the EPG, at any time with thirty (30) days' notice to you. Furthermore, you are responsible for the costs of establishing an Internet connection to connect to the EPG. This includes fees paid to an Internet service provider, any long distance telephone toll charges or other charges for hi-speed Internet services associated with connecting to the Internet via such Internet service provider, and any equipment charges.
8. Termination of Service. You may terminate your use of the EPG at any time. To do this, please follow the instructions for TotalMedia. Such termination shall be effective on the first business day following the date on which notice of termination is provided. ArcSoft may terminate your subscription at any time in the event you do not comply with all of the terms and conditions of this Agreement. Furthermore, ArcSoft may discontinue providing the EPG at any time.
9. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ARCSOFT PROVIDES THE EPG, INCLUDING ALL OF ITS SERVICES AND CONTENT, "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND; (II) YOUR USE OF THE EPG IS AT YOUR OWN RISK; (III) ARCSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, USABILITY, ACCURACY, OR AVAILABILITY OF THE EPG FOR ANY PURPOSE; (IV) ARCSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, THAT THE EPG WILL BE ERROR FREE OR THAT THERE WILL BE NO VIRUSES OR OTHER HARMFUL COMPONENTS CONTAINED WITHIN THE EPG; (V) ARCSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, THAT THE EPG SERVICES WILL BE UNINTERRUPTED OR AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION; AND (VI) ARCSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE EPG AND THE EPG SERVICES, INCLUDING WITHOUT LIMITATION, CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, FREE OF VIRUSES, LACK OF NEGLIGENCE, TITLE, NON-INFRINGEMENT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ARCSOFT IS UNABLE TO MAKE ANY FURTHER OR GREATER WARRANTIES THAT ARE BEYOND WHAT ITS SUPPLIERS PROVIDES TO ARCSOFT IN CONNECTION WITH THE EPG.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCSOFT AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE EPG. SUCH DAMAGES INCLUDE ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ARCSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARCSOFT'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ARCSOFT EXPLICITLY AND SOLELY FOR ACCESS TO THE EPG AND NOT FOR ANY OTHER PRODUCT OR SERVICE OF ARCSOFT, INCLUDING TOTALMEDIA. YOU HEREBY RELEASE ARCSOFT AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EPG OR THE EPG SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT REGISTER FOR THE EPG OR TO TERMINATE YOUR USE OF THE EPG.
11. Changes to this Agreement. If there is any change to this Agreement, you will be notified of such at the first time you use the EPG after the change is made. Please follow the instructions at such time. If any of the changes made to this Agreement are unacceptable to you, you must immediately terminate your use of the EPG by following the instructions listed under Termination of Service in this Agreement.
12. General
12.1 Notices to ArcSoft. Please direct any questions with respect to this Agreement to ArcSoft at the address listed at the end of this Agreement.
12.2 Choice of Law and Venue. This Agreement shall be construed and governed, and any disputes or claims for enforcement, breach or violation of this Agreement under the laws of the State of California, without reference to conflict of laws principles, except as prohibited by law in jurisdictions outside of the United States. All other claims, including without limitation claims under or for violation of state or provincial consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of the jurisdiction that you reside. To the maximum extent permitted by law, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Alameda County, California, the United States in all disputes arising out of or relating to the use of the EPG. Use of the EPG is unauthorized in any jurisdiction that does not give effect to all sections of this Agreement and conditions included.
12.3 Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then such section will be deemed superseded by a valid, enforceable section, to the extent feasible, which most nearly affects the intent of the invalid section. In such case, the remainder of the Agreement shall remain in full force and effect.
12.4 No Waiver. If ArcSoft does not enforce performance of any section of this Agreement, it does not mean that ArcSoft has waived any such section or its right in this Agreement. Any waiver of a breach of any section of this Agreement or of any default hereunder will not be deemed a waiver of any other breach or default of this Agreement. YOU AND ARCSOFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EPG MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12.5 Entire Agreement. This Agreement constitutes the entire agreement between ArcSoft and you with respect to your use of the EPG and it supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral or written, between ArcSoft and you with respect to the EPG only, except for any subsequent modifications pursuant to Section 3 above.
12.6 Assignment. ArcSoft may assign this Agreement, in whole or in part, to any third party at any time with or without notice to you. You may not assign or transfer this Agreement.
12.7 Performance Subject to Law. ArcSoft's performance of this Agreement is subject to laws and legal process effective presently. ArcSoft reserves the right to take necessary actions in order to comply with governmental, court and law enforcement requests or requirements relating to your use of the EPG or information provided to or gathered by ArcSoft with respect to such use.
12.8 Agreement Drawn in English. This Agreement may also be provided to you in languages other than English to facilitate your specific needs. In case of any conflict between this Agreement and any translations provided by ArcSoft or its partners or providers in other languages, this English language version shall take control.
12.9 Copyright and Trademark Notices. All contents of the EPG are copyrighted to ArcSoft and/or its suppliers. All rights reserved. ArcSoft, the ArcSoft logo, and TotalMedia are either trademarks or registered trademarks of ArcSoft. Any rights not expressly granted herein are reserved.
All notices regarding this Agreement shall be sent to:
Legal Department
ArcSoft, Inc.
46601 Fremont Blvd.
Fremont, CA 94538
U.S.A.
Tel: +1-510-440-9901
Fax: +1-510-979-5590
Email: legal@arcsoft.com
Download Driver Pack
After your driver has been downloaded, follow these simple steps to install it.
Expand the archive file (if the download file is in zip or rar format).
If the expanded file has an .exe extension, double click it and follow the installation instructions.
Otherwise, open Device Manager by right-clicking the Start menu and selecting Device Manager.
Find the device and model you want to update in the device list.
Double-click on it to open the Properties dialog box.
From the Properties dialog box, select the Driver tab.
Click the Update Driver button, then follow the instructions.
Very important: You must reboot your system to ensure that any driver updates have taken effect.
For more help, visit our Driver Support section for step-by-step videos on how to install drivers for every file type.