EULA for
BB FlashBack
BB FlashBack⢠version 2.0
Copyright (C) 2007 Blueberry Software Ltd
All Rights Reserved
THIS AGREEMENT GOVERNS THE TERMS ON WHICH YOU MAY INSTALL AND USE BB FLASHBACK SOFTWARE AND ITS COMPONENTS. IT IS A LEGAL AGREEMENT. PLEASE READ IT. YOU MUST ACCEPT ITS TERMS BEFORE PROCEEDING. THE SECTION HEADED "LIMITATION OF LIABILITY" IS LIKELY TO BE THE MOST IMPORTANT SECTION FOR YOU. THAT SECTION GIVES PRACTICAL ADVICE TO HELP ENSURE THAT FLASHBACK DOES NOT MALFUNCTION OR CAUSE INCONVENIENCE TO USERS. THE SECTION ALSO LIMITS YOUR ABILITY TO MAKE CLAIMS IN RESPECT OF MALFUNCTIONS AND INCONVENIENCE ATTRIBUTABLE TO THE INSTALLATION OR USE OF BB FLASHBACK. THIS AGREEMENT DOES NOT COMMIT YOU TO MAKING ANY PAYMENT. IT ENTITLES YOU TO USE BB FLASHBACK FOR A LIMITED PERIOD, AFTER WHICH YOU MAY DECIDE WHETHER YOU WISH TO BUY BB FLASHBACK.
To purchase a licence please see the section "Buying a licence" in the BB
FlashBack help file or browse to www.bbsoftware.co.uk/bbflashback.aspx
LICENCE AGREEMENT
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This agreement is a legal agreement between you (either an individual or a single entity, "you") and Blueberry Consultants Limited ("Blueberry") relating to your rights to use BB FlashBack and its associated documentation, software components and generated files (together "BB FlashBack"). By installing, copying, or otherwise using BB FlashBack, you agree to be bound by the terms of this agreement.
If you do not agree to the terms of this agreement, press "Cancel" below and do not continue with the installation process.
Licensing
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BB FlashBack is not free software. Blueberry grants you the right to use this software for evaluation purposes without charge for a period of 15 days from installation. After this 15-day period, the software will run in a reduced functionality mode. To continue to operate the software with enhanced functionality after the 15-day period, you will be required to purchase a key. Details of how to purchase a licence are included in the help file, in the section "Buying a licence", and at www.bbsoftware.co.uk/bbflashback.aspx. Registered charities and academic institutions may qualify for substantial discounts.
The licence will stipulate the ways in which you may use BB FlashBack. In the absence of express contrary agreement you are licensed to load and use the software on a single personal computer only. To check your licence arrangements, see the Help section in BB FlashBack.
Distribution of Evaluation Version
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Evaluation version of BB FlashBack may be freely distributed subject to the terms 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 prohibited from distributing keys obtained from Blueberry Consultants.
Ownership rights
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Blueberry owns or licences all rights in BB FlashBack. This agreement does not operate to transfer any ownership or intellectual property rights in BB FlashBack to you other than the limited license to use BB FlashBack during the 15-day evaluation period. By accepting this agreement you agree not to attempt to reverse engineer, decompile, translate, adapt, or disassemble any part of BB FlashBack or to incorporate BB FlashBack (or any part of it) in any other product or service.
Limitation of liability
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THIS SECTION LIMITS YOUR RIGHT TO SEEK COMPENSATION FOR DAMAGE RESULTING FROM THE USE OF BB FLASHBACK. BY ACCEPTING THIS AGREEMENT YOU CONFIRM THAT YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHOULD FOR ALL PURPOSES BE DEEMED TO BE REASONABLE HAVING REGARD TO THE PRICE PAID FOR BB FLASHBACK AND THE ADVICE GIVEN BELOW. MORE EXTENSIVE WARRANTIES ARE AVAILABLE FROM BLUEBERRY AT ADDITIONAL COST.
Blueberry has made reasonable efforts to ensure that BB FlashBack is stable and integrates with standard hardware and software configurations, however because of the variety of hardware and software environments into which BB FlashBack may be put, no warranty of fitness for a particular purpose is offered out and, to the extent permitted by law, all implied warranties as to fitness are excluded. Blueberry has also made reasonable efforts to ensure that BB FlashBack is virus free, however because of the various distribution channels used and the proliferation of software designed to infect software no warranty is given that BB FlashBack is virus free. We recommend that you deploy up-to-date virus protection software. We recommend that all software should be thoroughly tested with non-critical data before relying on it. The user assumes the entire risk of installing and using BB FlashBack software (or any part of it). To the extent permitted by law, the user`s exclusive remedy is limited to product replacement or refund of purchase price (which, in the case of users using the evaluation licence, is nothing). Users of BB FlashBack, who do not take advantage of Blueberry`s enhanced warranty, agree to use the software on an "as is" basis, without support from Blueberry and subject to the terms included in the following paragraph.
Blueberry, the authors, owners, publishers and others involved in the development or supply of BB FlashBack (and, in each case, any part of BB FlashBack) exclude, to the extent permitted by law (which does not permit the exclusion of liability for personal injury or, in limited circumstances, terms which a court deems to be unreasonable), all liability to you (or users of BB FlashBack or recipients of BB FlashBack generated files) for any claim in respect of loss (direct and consequential), damages or other breach of express or implied duty, arising from, out of or in connection with the installation, use or other dealings with BB FlashBack. Blueberry has taken reasonable steps to ensure that BB FlashBack operates properly on operating systems in running on the majority of personal computers at the date on which the BB FlashBack software was first released. Enhanced warranties are available at additional cost. Contact Blueberry for more details.
Data Protection
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The user is responsible for ensuring that BB FlashBack is not used in a way which may constitute a breach of personal privacy.
Governing Law
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This agreement is governed by, and shall be construed in accordance with, the laws of England and Wales.
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