LICENCE AGREEMENTEND USER LICENSE AGREEMENT AND WARRANTY DISCLAIMER
This is a legally binding contract between you, the end user, and Blueberry Software Ltd.
BLUEBERRY SOFTWARE LTD (“Blueberry” or “LICENSOR”) LICENSES THE ENCLOSED SOFTWARE TO
YOU (“USER” or “LICENSEE”) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMSCONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE OPENING
THIS PACKAGE OR INSTALLING THE SOFTWARE, AS OPENING THE PACKAGE OR INSTALLING THE
SOFTWARE WILL
INDICATE YOUR ASSENT TO THEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN BLUEBERRY IS
UN-WILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD RETURN THE FULLPRODUCT WITH PROOF OF PURCHASE TO THE LICENSOR OR THE DEALER FROM WHOM IT WASACQUIRED WITHIN 30 DAYS OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.

EVALUATION VERSIONFlashBack Professional Edition is not free software. Blueberry grants you the right to use thissoftware for evaluation purposes without charge for a period of 10 days from installation. After this10-day period, the software will run in a reduced functionality mode. To continue to operate thesoftware with enhanced functionality after the 10-day period, you will be required to purchase alicense key.
The Evaluation version of FlashBack Professional Edition may be freely distributed subject to theterms of this agreement. It may not be distributed in any other form. You may not request donations
or payment for copies of the evaluation software that you distribute. You are specifically prohibitedfrom distributing keys obtained from Blueberry Software Ltd.
Movies created by the Evaluation version of FlashBack may not be used by a company ororganisation.

LICENSE AND WARRANTY
The software that accompanies this license is the property of Blueberry or its licensors, and isprotected by copyright and other intellectual property law. Although Blueberry at all times owns theSoftware, you will have certain rights to use the Software after your acceptance of this license.
Except as may be modified by an addendum which may accompany or be added to this license, yourrights and obligations with respect to the use of this Software are as follows:
1. FlashBack is licensed per-computer. You may only allow the specified number of computers to use
the Software and documentation, as indicated as “Quantity” or “Number of Licenses” on the invoice,quotation or electronic confirmation issued by Blueberry or 2Checkout, our authorised reseller. If
you have purchased a site license, please see the section below.
2. After written notice to Blueberry, you may transfer the Software on a permanent basis to anotherperson or entity, provided that you retain no copies of the Software and the transferee agrees to theterms of this agreement;

3. FlashBack is licensed per-version. A purchased license permits the use of a specific version ofFlashBack only. The purchased version is shown on the invoice, quotation or electronic confirmation
issued by Blueberry or 2Checkout, our authorised reseller.
4. FlashBack licenses are valid for an indefinite period of time. The exception to this is annually
renewed site licenses.
You may not:
1. Rent, lease, distribute, license, or otherwise transfer the Software or its documentation to any
other party. Licensee may make a reasonable number of back-up copies for archival purposes only.
The Software contains copyrighted material, trade secrets and other proprietary material. If Licensee
has the right to duplicate the Software for multiple Users, then Licensee must reproduce on all suchcopies of the Software the copyright notices and any other proprietary legends that were on theoriginal copy of the Software; or
2. Decompile, reverse engineer, disassemble, make any attempt to discover the source code of the
Software or otherwise reduce the Software to a human perceivable form, or to modify, network, orcreate derivative works based upon the Software or the documentation in whole or in part, nor
permit any other party to do so.
3. Notwithstanding anything herein, if the Software is lawfully acquired outside of the United States
within a jurisdiction which is a member of the European Union subject to the EEC Council Directive
91/250/EEC of May 14, 1991, Licensee agrees that within that jurisdiction it shall not, and shall notallow any party on Licensee’s behalf to, attempt to reverse engineer or decompile the Software intoanother computer language, except as expressly and specifically provided in the EEC Council
Directive 91/250/EEC of May 14, 1991. Any and all information obtained during such lawful reverse
engineering and/or decompiling activities, including but not limited to, the organisation, logic,
algorithms and processes of the Software, shall be deemed to be the confidential and proprietary
information of Blueberry or its Licensors. Licensee shall not make copies of the copyrighted Software
documentation without the prior written permission of Blueberry provided that for electronictransactions licensee may make one (1) hard copy of such documentation for each User.

Site Licenses
If you’ve purchased a site licence from Blueberry, it can be used at the sites and by the employees
agreed between the licensed organisation and Blueberry at the time of purchase.

Educational Licences
To qualify for an educational discount or to use an educational licence you must be a “Qualified
Educational User.” For qualification-related questions, please contact our Sales Department for
details of the specific programs that relate to the product that you are purchasing.

Use of Movies Created by FlashBack
You have full rights to the movies you create with FlashBack Professional Edition and can use themfor commercial purposes.

However, be aware that you are breaking the terms of the licence if movies created with the trial
edition of FlashBack Professional Edition are used by a company or organisation.
If we believe that the terms of the licence are being broken in this way, we may withhold support via
email.

Data Protection
The user is responsible for ensuring that FlashBack Professional Edition is not used in a way which
may constitute a breach of personal privacy.

Technical Support
Blueberry provides free standard technical support for all users of FlashBack Pro, including access to
the FAQ and articles on our website and support by email. Blueberry is not obliged to provide
technical support for users of FlashBack Express beyond access to the FAQ and articles on our
website.
Blueberry provides Premium support / Maintenance Plan for an additional fee, payable annually.
Premium support / Maintenance Plan includes priority email support and telephone support. Sitelicense customers must nominate users to be the contact point with the Blueberry support team.
Blueberry may use technical information you provide to Blueberry for Blueberry’s product support,
development, and other business purposes. Blueberry will not utilize such technical information in aform that personally identifies you.

Thirty Day Money Back Guarantee
If you are the original Licensee of this copy of the Software and are dissatisfied with it for any
reason, you may return the complete product, together with your receipt, to Blueberry or an
authorised dealer, postage prepaid, for a full refund at any time during the thirty-day period
following the delivery to you of the Software.

Export Law Assurances
Licensee agrees and certifies that neither the Software nor any other technical data received from
Blueberry, will be exported outside the United States except as authorised and as permitted by thelaws and regulations of the United States. If the Software has been rightfully obtained by Licensee
outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any
other technical data received from Blueberry, nor the direct product thereof, except as permitted by
the laws and regulations of the United States and the laws and regulations of the jurisdiction inwhich Licensee obtained the Software. The Software may not be exported to any of the following:Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria.

Termination

This License is effective until terminated. Licensee may terminate this License at any time bydestroying all copies of the Software and its documentation. This License will terminate immediately
without notice from Blueberry if Licensee fails to comply with any provision of this License. Upon
termination, Licensee must destroy all copies of the Software and its documentation and cease anddesist from any further use of the Software.

Limited Warranty
Blueberry warrants that the media on which the Software is distributed will be free from defects,
and that the Software shall perform substantially as described in its documentation for a period ofthirty (30) days from purchase. Your sole remedy in the event of a breach of this warranty will bethat Blueberry will, at its option, replace any defective media returned to Blueberry within thewarranty period or refund the money you paid for the Software. Blueberry does not warrant that the
Software will meet your requirements or that operation of the Software will be uninterrupted orthat the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSOR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGALRIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Disclaimer of Damages
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN
NO EVENT WILL BLUEBERRY BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR
SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE EVEN IF BLUEBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN THE CASE OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, BLUEBERRY’S
LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. IN THE CASE OF DIRECTDAMAGES, BLUEBERRY’S LIABILITY SHALL NOT EXCEED TWO (2) TIMES THE PURCHASE PRICE FOR
THE SOFTWARE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO CASE SHALL BLUEBERRY’S LIABILITY EXCEED TWO (2) TIMES THE PURCHASE PRICE FOR THE
SOFTWARE.
The disclaimers and limitations set forth above will apply regardless of whether you accept the
Software.

U.S. Government Restricted Rights
DISTRIBUTION TO THE U.S. GOVERNMENT. This Software is commercial software developed
exclusively at private expense. Use, duplication, or disclosure by civilian agencies of the U.S.
Government shall be in accordance with subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights clause at 48 CFR 52.227-19. Use, duplication, or disclosure by
Department of Defense agencies is subject solely to the terms of this software licensing agreement

pursuant to DFARS 227.7202. Contractor/manufacturer of
the Software is Blueberry Software Ltd, 203 Scott House, The Custard Factory, Gibb Street,
Birmingham, B9 4AA, UK.

GeneralThis agreement is governed by, and shall be construed in accordance with, the laws of England andWales. 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 tocontact Blueberry for any reason, please write to: Blueberry Software Ltd, 203 Scott House, The
Custard Factory, Gibb Street, Birmingham, B9 4AA, UK.
——————————————————About The Cisco-Provided Binary of OpenH264 Video Codec——————————————————Cisco provides this program under the terms of the BSD license.
Additionally, this binary is licensed under Cisco’s AVC/H.264 Patent Portfolio License from MPEG LA,
at no cost to you, provided that the requirements and conditions shown below in the AVC/H.264
Patent Portfolio sections are met.
As with all AVC/H.264 codecs, you may also obtain your own patent license from MPEG LA or fromthe individual patent owners, or proceed at your own risk. Your rights from Cisco under the BSD
license are not affected by this choice.
For more information on the OpenH264 binary licensing, please see the OpenH264 FAQ found at
http://www.openh264.org/faq.html#binary
A corresponding source code to this binary program is available under the same BSD terms, which
can be found at http://www.openh264.org———–
BSD License———–
Copyright © 2014 Cisco Systems, Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions andthe following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions
and the following disclaimer in the documentation and/or other materials provided with the
distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENTSHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITEDTO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANYWAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
—————————————–
AVC/H.264 Patent Portfolio License Notice—————————————–The binary form of this Software is distributed by Cisco under the AVC/H.264 Patent Portfolio
License from MPEG LA, and is subject to the following requirements, which may or may not beapplicable to your use of this software:
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE
OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE
VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO
THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINEDFROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
L.L.C. SEE HTTP://WWW.MPEGLA.COM
Accordingly, please be advised that content providers and broadcasters using AVC/H.264 in theirservice may be required to obtain a separate use license from MPEG LA, referred to as “(b)sublicenses” in the SUMMARY OF AVC/H.264 LICENSE TERMS from MPEG LA found at
http://www.openh264.org/mpegla———————————————
AVC/H.264 Patent Portfolio License Conditions———————————————In addition, the Cisco-provided binary of this Software is licensed under Cisco’s license from MPEG
LA only if the following conditions are met:
1. The Cisco-provided binary is separately downloaded to an end user’s device, and not integrated
into or combined with third party software prior to being downloaded to the end user’s device;
2. The end user must have the ability to control (e.g., to enable, disable, or re-enable) the use of the
Cisco-provided binary;
3. Third party software, in the location where end users can control the use of the Cisco-provided
binary, must display the following text:“OpenH264 Video Codec provided by Cisco Systems, Inc.”
4. Any third-party software that makes use of the Cisco-provided binary must reproduce all of theabove text, as well as this last condition, in the EULA and/or in another location where licensing
information is to be presented to the end user.