BLOBberry LICENSE AGREEMENT
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING OR USING THE SOFTWARE.
1. License Definitions
"Single application" - The standard definition for a single application is a single executable name - such as "application.exe" doesn't including two or more completely different by functionality applications inside. A single application is able to have several editions or versions with prefix "Pro", "Basic" etc.
2. Evaluation
BLOBberry provides a free 30-day or another work limitations evaluation version of all its products. The evaluation version is provided for testing purposes only and shall not be redistributed or deployed. Upon expiration of the evaluation period or getting not limited version of software you should either purchase a license and become a Licensee or request an extension of the evaluation period.
The evaluation versions are available on the BLOBberry web site and can be downloaded.
3. License Types
The use of each product is controlled by a license. There are several licensing types, each corresponding to a list of products:
Single Application Development License. This license grants the Licensee with the right to use and redistribute the Product with a single executable application. The number of developers or development seats who can use the Product, is not limited. Unless specified in a separate agreement, there is also no limitation on the number of deployed or redistributed copies. This type of license applies to all DirectShow filters. OEM - if Licensee is acting as an OEM, meaning that Licensee's application is being redistributed by other companies, every such redistribution contract shall require a separate Single Application license. Platforms & Enterprise Class Deployment - If Licensee's product is a platform, and every deployment involves a considerable amount of customization, every such deployment shall require a separate Single Application Development license.
Single Developer License or Team License. This license grants the Licensee with the right to use the Product by either one developer (Single Developer License) or 4 developers (Team License). There is no limitation on the number of executable applications, as well as deployed or redistributed copies. This type of license applies to the following products: Codec SDK.
Single PC License. This license grants the Licensee with the right to use the Product for both non-commercial and commercial purpose on a single computer. This license does not cover redistribution of the Product or the any part of the Product or components contained in Product including DirectShow Filters. This type of license applies to AV3Transcoder.
Depending on which of the products you are installing, you will be bound by one of the aforementioned licenses.
4. License Validity, Updates & Support
Every license type includes a perpetual deployment license and a 1 year subscription for updates (the ability to deploy new releases) and support. Once expired, this subscription can be renewed again.
The Licensee agrees that at least one email address will be provided and will be receiving such mailings in order for BLOBberry to make sure the Licensee is informed about the Product's changes.
BLOBberry reserves the right to make occasional cross-promotions to inform the Licensee about related products and add-ons.
Support is provided only for the latest non-beta version of a BLOBberry product. The option to download any particular version is provided during one year since it's release date.
If a product is discontinued, support will be provided until the expiration of the current subscription period. The option to renew the subscription will not be provided. Instead, a migration path to a replacing product may be offered.
5. Payment & Delivery
Delivery is made within 48 hours after receipt of payment by BLOBberry. Delivery is made in electronic form via email. BLOBberry offers several payment options, contact to BLOBberry sales
Or by means of E-commerce services are provided by Plimus Inc.
6. Third Party Licensing
Licensing of any third-party components or patents (such as those from Apple, MPEG LA or Dolby) that may be used together with the Product or be an integral part of the Product is the responsibility of the Licensee. This is especially important for DirectShow Filters including: MPEG-2 Video Encoder/Decoder, MPEG-4 Video Encoder/Decoder, h.264/AVC Video Encoder/Decoder, Audio Encoder/Decoder.
7. License Limitations
BLOBberry Products cannot be used to create products that target developers, programmers or software engineers such as, but not limited to software development kits, libraries (LIBs and DLLs), COM/ActiveX, .NET components or toolkits. The Licensee's product should not expose any of its functionality through an application programming interface (API) unless the user of such software has a relevant license agreement with BLOBberry. If you are not sure whether your application is developer oriented, please contact to BLOBberry.
The license cannot be transferred to a third party without written permission from BLOBberry.
8. Intellectual Property
You will not reverse engineer, decompile, or disassemble the Product.
Any comments, ideas, recommendations that the Licensee provides to BLOBberry regarding the Product can be used by BLOBberry to improve the Product and shall be considered Intellectual Property (IP) of BLOBberry.
9. Right of Reference
BLOBberry may, on its website, in its documents, brochures and other promotional materials, state that the Licensee has licensed the Product from BLOBberry and provide information about the Customer Application. The Licensee shall, if reasonably possible, provide the Licensor with relevant information upon request. The Licensee may submit a written request that we do not enforce this right; such request will be fulfilled.
10. Liability
BLOBberry licenses the Product to the Licensee on an "as is" basis and makes no promises, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the Product or its use and operation alone or in combination with other software.
BLOBberry does not warrant that the Product will operate or perform without error or that any defects found in the Product can or will be corrected. The Licensee uses the Product at its own risk. Licensor will not be held responsible or liable for any loss, damage or expenses (including indirect and consequential loss or damage) of any nature including but not limited to any loss resulting directly or indirectly from the use of the Software.
The Licensor's liability shall not exceed the cost of this License.
11. Termination
Licensee may terminate the license at any time. Licensor may terminate upon the failure of the Licensee to follow the terms and conditions of this License Agreement. All copies of the Product and its documentations must be destroyed by the Licensee upon termination.
12. Change
These terms & conditions are subject to change, and, once changed, will be in effect for any version of the Products released after the day the changes were made. If such changes are important, BLOBberry will notify the Licensees via email.
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