END USER LICENCE AGREEMENT
FlashBack 6 Recorder
End User License Agreement (EULA)
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using FlashBack (the “Software”).
By clicking the “I Agree” button, downloading or using FlashBack, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use FlashBack.
1.1 Software – FlashBack.
1.2 You/User – the end user of FlashBack.
1.3 Agreement – this End User License Agreement (EULA)
1.4 Blueberry Software Ltd. Partners – companies authorized by Blueberry Software Ltd. to sell its products or services.
1.5 Copyright holder – Blueberry Software Ltd.
2. SOFTWARE LICENCE, USE AND DISTRIBUTION
This software is licensed not sold. Blueberry Sofrtware Ltd. grants you a limited non-exclusive license (“License”) to install and use the Software as long as you comply with the terms and conditions of this Agreement. Any future Software updates may include updated End User License Agreement. Please read it carefully before installing Software updates.
You may not sell, rent, lease or sublicense the Software to another party. This License is non-exclusive and non-transferable.
Only Blueberry Software Ltd. Partners are authorized to resell Software licenses.
The Software installation package may be freely distributed, with exceptions noted below, provided the distribution package is not modified. No person or company may charge a fee for the distribution of the Software without written permission from the copyright holder. The Software may not be bundled or distributed with any other package without permission of the copyright holder. All video recordings, audio recordings and screenshots recorded with the Software may be freely used and distributed provided that you ensure they comply with applicable local laws (including, but not limited to, your local Copyright Law).
Your license rights to the Software under this Agreement will terminate automatically without any notice from Blueberry Software Ltd. if you fail to comply with any term(s) or condition(s) of this Agreement. After the termination of this License, you must cease to use the Software and no refund will be available.
2.5 CONSENT TO COLLECT USAGE DATA, USE YOUR INTERNET CONNECTION
FlashBack by default collects anonymous technical information about your use of the application in order to provide an optimal customer support experience and to improve the functionality and usability of the Software. If you do not agree to Blueberry Software’s collection of this information, use the ‘Privacy’ options in FlashBack to turn off usage data collection.
You agree that FlashBack may use an internet connection to provide full Software functionality, including but not limited to: validating your licence and checking for Software updates.
All copyrights and all other intellectual properties to the Software are exclusively owned or licensed by Blueberry Software Ltd.. This Software is licensed not sold. All rights not expressly granted here are reserved by Blueberry Software Ltd.
You may not use, copy, publish, share, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this License and may result in criminal and/or civil prosecution.
You shall not attempt to gain unauthorized access to any portion or feature of FlashBack, or any other systems or networks accessed by FlashBack or to any Blueberry Software Ltd. server, by hacking, password “mining”, or any other illegitimate means.
You shall not probe, scan or test the vulnerability of any Blueberry Software Ltd. server, nor breach the security or authentication measures on any Blueberry Software Ltd. server or any network connected to these servers.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Blueberry Software Limited’s systems or networks, or any systems or networks connected to Blueberry Software Limited’s systems or networks.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of FlashBack, or with any other person’s use of FlashBack.
You shall not use FlashBack for any purpose that is unlawful or prohibited by this Agreement.
Blueberry Software Limited reserves the right to bar any restricted activity outlined above and to disable the accounts of any users engaging in such activities.
2.8 LIMITATIONS ON USAGE ON MULTIPLE PCS
When the Software is used without payment, Blueberry Software Ltd. places no limits on the number of PCs you may install the software on.
If you have purchased a licence, then this licence may only be used on the number of PCs that were purchased.
2.9 COMMERCIAL USE
For commercial use of the Software it is required to purchase a license.
When the software is used without payment, the Software may be used only to review, demonstrate and evaluate the Software and videos produced by the Software may not be used for public nor commercial purposes.
Companies and commercial/profit organizations are required to buy a licence. Individuals that use the Software in projects that generate income are required to purchase a licence.
3 BILLING AND REFUNDS
While the Software may be used without payment, optional Pro licences are available from Blueberry Software Ltd that grant access to additional features and remove restrictions on those features available for use without payment.
Fees and charges may be refunded within 30 days of the purchase date. At a later date than 30 days after the purchase date, all fees and charges are nonrefundable.
4 WARRANTIES AND LIMITATIONS OF LIABILITY
You acknowledge and agree that the entire risk arising out of use or performance of the Software remains with the user.
4.1 LIMITED WARRANTY
THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOFTWARE APPLICATION AND DOCUMENTATION(S)) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. BLUEBERRY SOFTWARE LTD. MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. YOUR USE OF THE SOFTWARE AND/OR SERVICES IS AT YOUR OWN RISK.
4.2 LIMITATIONS OF LIABILITY
NEITHER BLUEBERRY SOFTWARE LTD. NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THIS SOFTWARE OR/AND SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
NEITHER BLUEBERRY SOFTWARE LTD. NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY ADDITIONAL COSTS, INCLUDING, BUT NOT LIMITED TO ADDITIONAL CHARGES FROM MOBILE/TELECOMMUNICATION OPERATORS ARISING OUT OF THE SERVICES OR ANY USE OF THE SERVICES.
NEITHER BLUEBERRY SOFTWARE LTD. NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSS ARISING OUT OF THE USE OF THE SERVICES BY ANY 3RD PARTY PERSON OR ORGANISATION.
5 GOVERNING LAW AND GENERAL PROVISIONS
This agreement is governed by, and shall be construed in accordance with, the laws of England and Wales. This agreement may only be modified by a license addendum which may accompany or be added to this license.
Should you have any questions concerning this Agreement, or if you desire to contact Blueberry for any reason, please write to: Blueberry Software Ltd, Unit T1, The Arch, 48-52 Floodgate Street, Birmingham B5 5SL, United Kingdom.