Cyber Sale Extended
The terms for using FBX are in the End User Licence Agreement displayed on installation. You can see the licence agreement below:
End User License Agreement (EULA)
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using FBX (the “Software”).
By clicking the “I Agree” button, downloading or using FBX, 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 FBX.
1.1 Software – FBX.
1.2 You/User – the end user of FBX.
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.
2. SOFTWARE USE AND DISTRIBUTION
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.
2.4 CONSENT TO USE DATA, INTERNET CONNECTION AND 3RD PARTY SOFTWARE
You agree that Blueberry Software Ltd. may collect technical information about your use of FBX in order to provide an optimal customer support experience and to improve the functionality and usability of the Software. You agree that FBX may use 3rd party software and an internet connection to provide full Software functionality, including but not limited to: validating your account and checking for Software updates.
FBX uses the YouTube API to upload movies to YouTube. By using the ‘Upload to YouTube’ feature in FBX, you agree to be bound by the YouTube Terms of Service: https://www.youtube.com/t/terms
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 FBX, or any other systems or networks accessed by FBX or to any Blueberry Software Limited 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 FBX, or with any other person’s use of FBX.
You shall not use FBX 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.
2.7 LIMITATIONS ON USAGE ON MULTIPLE PCS
When the Software is used without payment, i.e. you have a Free Account, Blueberry Software Ltd. places no limits on the number of PCs your Free account may be used on.
If you have purchased a Premium Account, then this account may only be used on one PC. Blueberry Software Ltd. allow you to move the account to a different PC once every 30 days in order to not interrupt your use of the Software in the event of PC hardware changes.
3 BILLING AND REFUNDS
While the Software may be used without payment, optional Premium Accounts are available from Blueberry Software Ltd that grant access to additional features and remove restrictions on those features available for use without payment.
Blueberry Software Ltd. offers the option to purchase a Premium Account on a subscription model in which the customer is charged periodically in order to maintain access to the Premium Account. If you purchase a Premium Account on a subscription model, you agree that Blueberry Software Ltd. can charge your credit/debit card or PayPal account periodically according to the billing period stated at the time of purchase. Your subscription to the Premium Account will continue until such time as you elect to cancel the subscription. You have the right to cancel your subscription at any time. After the date of cancellation no further charges will be made to your credit/debit card or PayPal account.
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Blueberry Software Ltd. has the right to require payment for usage of additional applications or services that add functionality to the Software.
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.