SDK Licence Agreement

Licence Agreement for FlashBack Software Development Kit (SDK) v5
from Blueberry Software Ltd. 2022

PRINTED BELOW IN ITS ENTIRETY IS THE LICENCE AGREEMENT GOVERNING YOUR USE OF THE SOFTWARE. PLEASE READ THE LICENCE AGREEMENT.

IMPORTANT
Please read this License Agreement (“Agreement”) carefully before clicking the “Install” button during installation or using FlashBack SDK (the “Software”).

By clicking the “Install” button during installation or by using the Software, 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 “Install” button and do not install or use the Software.

1. DEFINITIONS

1.1 The Software – FlashBack SDK.
1.2 You/User – the user of FlashBack SDK.
1.3 Agreement – this 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.

This License Agreement (“Agreement”) is a legal agreement between Blueberry Software Ltd, (Blueberry), a Company registered in England, principally located in Birmingham, England, and you, the user (“Licensee”), and is effective the date Licensee installs the Software. This Agreement covers all materials associated with Blueberry’s FlashBack SDK v6 developer’s toolkit products including the enclosed software product (“Software”).

2. GRANT OF DEVELOPMENT LICENCE
BLUEBERRY grants Licensee a non-exclusive, non-transferable, worldwide license for one (1) programmer to install the Software on a single personal computer and use the Software in the development of End User software applications as contemplated in section 3 below (herein, the “Application Software”).

If additional programming seats are needed, Licensee should contact BLUEBERRY for discounted license pricing. The license granted hereunder applies only to the designated version of the Software. If the Software is an upgrade or cross grade, it, and the product that was upgraded/cross graded constitute a single copy of the Software for purposes hereof and the new version and product that was upgraded/cross graded cannot be used by two people at the same time.

3. END USER APPLICATION
The Application Software developed by Licensee must be an “End User Application.” An “end user application” is a specific application program that is licensed to a person, company or organisation for business or personal use and not with a view toward redistributing the application or any part of the application, and may be either an application that is used by Licensee internally, or an application that is commercially distributed to end users for their use.

A user of an end user application may not modify or redistribute the application and may not copy it (other than for archival purposes). Licensee’s license agreement covering the Application Software must contain restrictions prohibiting redistribution, modification and copying of the Application Software.

The license rights hereunder do not apply to development and deployment of software products such as ActiveX controls, plug-ins, authoring tools, development toolkits, compilers, operating systems and any other software not falling within the definition of an end user application.

If Licensee wishes to develop a product outside the scope of this license, Licensee should contact BLUEBERRY.

4. GRANT OF DUPLICATION AND DISTRIBUTION LICENCE
The Software includes certain runtime libraries and files intended for duplication and distribution by Licensee within the Application Software to the user of Application Software (“Redistributables”). The Redistributable components of the Software are those files specifically designated as being distributable in the “Distributing applications that use the SDK” section of the Online help. Licensee should refer to the Online help for additional information regarding the Redistributables.

Under BLUEBERRY’S copyright, and subject to all the restrictions and conditions set forth in this Agreement and the Documentation, BLUEBERRY hereby grants Licensees that have purchased a license for the Software from BLUEBERRY (and only the Licensee) a non-exclusive, non-transferable, worldwide license to reproduce exact copies of the Redistributables and include such files in the Application Software, and to deploy the Application Software internally and/or distribute the Application Software, directly or through customary distribution channels, to end users on a royalty free basis.

No rights to copy or redistribute any part of the Application Software are granted until such time as Licensee has purchased a license for the Software from BLUEBERRY and otherwise complied with this Agreement.

5. OTHER RESTRICTIONS
The licenses granted under this Agreement are expressly conditioned upon Licensee’s compliance with all the terms and conditions of this Agreement. Licensee may not use, copy, rent, lease, sell, sublicense, assign or otherwise transfer the Software except as expressly provided for in this Agreement. Licensee may make a reasonable number of archival copies of the Software. Except for the Redistributables, Licensee shall not distribute any files contained in the Software.

Licensee shall not reproduce, copy or transfer any Documentation, except Licensee may use the sample source code examples included with the Software for the purpose of developing the Application Software.

Upon BLUEBERRY’S request, Licensee agrees to send BLUEBERRY one demonstration copy of the Application Software.

Any distributor or reseller of Application Software appointed by Licensee must be subject to a binding agreement that includes provisions no less protective of BLUEBERRY’S intellectual property rights in the Software as it is protective of Licensee’s rights in its own software.

Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of BLUEBERRY and/or its suppliers and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer the Software or attempt to do so except as permitted by applicable legislation.

If Licensee wishes to use the Software in a manner prohibited by this Agreement, Licensee should contact BLUEBERRY to determine whether a special license may be obtained.

6. PROPRIETARY RIGHTS; COPYRIGHT NOTICES
Except for the limited license granted herein, BLUEBERRY, and its suppliers, retains exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees not to represent that BLUEBERRY is affiliated with or approves of Licensee’s Application Software in any way. Except as required hereby, Licensee shall not use BLUEBERRY’S name, trademarks, or any BLUEBERRY designation in association with Licensee’s Application Software. The Application Software may contain the following copyright notice in the “About box”: “Portions of this product were created using FlashBack SDK From Blueberry Software Ltd. ©2022, ALL RIGHTS RESERVED.”

7. EXPORT LAW
Licensee acknowledges and agrees that the Software and Application Software may be subject to restrictions and controls imposed by the United States Export Administration Act, as amended (the “ACT”), and the regulations there under. Licensee agrees and certifies that neither the Software nor any direct product thereof (e.g. the Application Software) is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the ACT and the regulations there under or will be used for any purpose prohibited by the same. Licensee acknowledges that the Software may include “technical data” subject to export and re-export restrictions imposed by U.S. law. Licensee bears all responsibility for export law compliance and will indemnify BLUEBERRY against all claims based on Licensee’s exporting of the Application Software.

8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and FAR 52.227-19, as applicable. Manufacturer/Contractor is BLUEBERRY SOFTWARE LTD, BIRMINGHAM, ENGLAND.

9. TERM
The license granted hereby is effective until terminated. Licensee may terminate the license by uninstalling the Software and destroying all copies thereof in any form. BLUEBERRY may terminate the licenses if Licensee fails to comply with any term or condition of this Agreement or any corresponding duplication and distribution agreement for the product. Upon such termination, Licensee shall cease using the Software and cease using or distributing the Application Software containing the Redistributables. All restrictions prohibiting Licensee’s use of the Software and intellectual property provisions relating to Software running to the benefit of BLUEBERRY will survive termination of the license pursuant hereto. Termination will not affect properly granted end user licenses of the Application Software distributed by Licensee prior to termination.

10. EXCLUSION OF WARRANTIES
BLUEBERRY and its suppliers offer and Licensee accepts the Software “AS IS.” BLUEBERRY and its suppliers do not warrant the Software will meet Licensee’s requirements or will operate uninterrupted or error-free. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENSED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

11. LICENCEE’S REMEDIES: LIMITATIONS
LICENCEE’S SOLE AND EXCLUSIVE REMEDIES AGAINST BLUEBERRY ON ANY AND ALL LEGAL OR EQUITABLE THEORIES OF RECOVERY SHALL BE, AT BLUEBERRY’S SOLE DISCRETION, (A) REPAIR OR REPLACEMENT OF DEFECTIVE SOFTWARE; OR (B) REFUND OF THE LICENCE FEE PAID BY LICENCEE.

12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall BLUEBERRY, or its suppliers, be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of use of or inability to use the Software, even if BLUEBERRY or its dealer have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain implied warranties or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed, some of the foregoing limitations and exclusions may not apply to Licensee.

13. GENERAL
This Agreement shall be interpreted, construed, and enforced according to the laws of England. In the event of any action under this Agreement, the parties agree that courts located in England will have exclusive jurisdiction and that a suit may only be brought in England, and Licensee submits itself for the jurisdiction and venue of the courts located in England. This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties. No officer, salesman, or agent has any authority to obligate BLUEBERRY by any terms, stipulations or conditions not expressed in the Agreement. All previous representations and agreements, if any, either verbal or written, referring to the subject matter of this Agreement are void. If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid. This Agreement, and the rights hereunder, may not be assigned by Licensee, whether by oral or written assignment, sale of assets, merger, consolidation or otherwise, without the express written consent of BLUEBERRY. Licensee agrees to be responsible for any and all losses or damages arising out of or incurred in connection with the Application Software. Licensee agrees to defend, indemnify and hold BLUEBERRY harmless from any such loss or damage, including attorney’s fees, arising from the use, operation or performance of the Application Software or Licensee’s breach of any terms of this Agreement. Licensee shall be responsible for paying all state and federal use, sales or value added taxes, duties or governmental charges, whether presently in force or which come into force in the future, related to the distribution and sale of the Application Software and will indemnify BLUEBERRY against any claim made against BLUEBERRY relating to any such taxes or assessments.

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SDK Licence Agreement