Flip Video Support United States
END USER LICENSE AGREEMENT
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY CLICKING THE "INSTALL" BUTTON OR BY CHECKING THE BOX TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST INSTALL THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS LEGAL AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CLICK ON THE BUTTON OR CHECK THE BOX, AND DO NOT USE THE SOFTWARE. IF YOU DON'T ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A DEVICE CONTAINING THE SOFTWARE FROM AN AUTHORIZED RETAILER, YOU MAY RETURN THE DEVICE WITH PROOF OF PURCHASE FOR A REFUND SUBJECT TO THE APPLICABLE RETURN POLICY.
This Flip product is software, or contains software (including firmware), licensed to you by Cisco Systems, Inc. or one of its subsidiaries ("Cisco", "us" or "we") and by Cisco's suppliers. This license agreement ("Agreement") sets out the terms governing your use of this software, excluding technology from the open source community ("Software"). This Agreement describes how you may use the Software, what Cisco's responsibilities are for how the Software works, and your responsibilities for what you do with the Software.
By "you," we mean the purchaser of a Flip video camcorder or Flip hardware accessory (a "Device") containing the Software or someone who has received a Device containing the Software as a gift. "You" may also mean a person that has downloaded the Software from an authorized website, such as www.theflip.com.
The Software may provide you access to services that allow you to send, download, stream, edit or post for sharing videos, pictures,
You can find the user documentation for the Software on the Internet at www.theflip.com on the
"Support" page. For Software that is provided for download on to a personal computer or mobile device, user documentation can also be found in
the "Help" section of the Software.
Upgrades and Updates. While Cisco is not required to do so, Cisco may, provide you with upgrades or updates to this Software. This Agreement covers any upgrades or updates to the Software you may obtain from Cisco or one of its authorized resellers, unless the upgrade or update comes with its own license agreement. If you decide not to download an upgrade or update provided by Cisco, you understand that you could put the Software at risk to serious security threats or cause the Software to become unusable.
Collection of Information. When you use the Software, Cisco may collect information about you and your use of your Device, the Software and the Services. A description of how Cisco collects and uses this information is set out in our Privacy Statement available at www.cisco.com/web/siteassets/legal/privacy.html. Your acceptance of this Agreement indicates your acceptance and consent to Cisco's use of your personal data in accordance with the terms of the Cisco Privacy Statement, including the transfer of this personal data to the United States and/or other countries outside the European Economic Area (and those countries deemed to have adequate data protection laws) for storage, processing and use.
Ownership. The Software is licensed to you, not sold. Any rights that are not expressly granted to you under this Agreement are reserved to Cisco.
Copyright Disputes. If you believe that any materials shared by someone else using the Software infringes your copyright, you may notify Cisco following the steps described in Cisco's Copyright Policy at http://www.cisco.com/web/siteassets/legal/terms_condition.html# 13.
Third Party Products and Services. The Software may contain links or other features that make it easier for you to visit or log-in to independent third-party websites ("Linked Sites"). These features are provided solely as a convenience to you. Linked Sites are not under Cisco's control, and Cisco is not responsible or liable for and does not endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You waive any legal claim you might have against Cisco with respect to these sites or third-party products or services.
Indemnity. If Cisco is the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of this Agreement, you will be responsible for reimbursing Cisco for the amount of its loss, as well as any amount Cisco incurs in lawyers' fees, expenses and court costs.
Termination. If you fail to abide by the terms of this Agreement, your right to use the Software automatically terminates and you are required to stop using the Software. If the Software has been installed on a personal computer, you must uninstall the Software immediately. If the Software is firmware embedded on a Device, you must stop using the Device. Cisco will do what it reasonably can to give you notice if Cisco terminates this Agreement.
No Warranty. THE SOFTWARE IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. In particular, Cisco does not guarantee that the Software will be error-free or that the Software will be free from attack from computer viruses or other system threats. Cisco also does not warrant that the Software will meet your expectations or that the Software will be suitable for your particular purposes. Cisco does not guarantee that the Software will not infringe someone else’s intellectual property rights. This paragraph does not apply in Australia . Consumers in Australia have statutory rights in relation to the Software under the Australia Consumer Law.
SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS OR WARRANTIES. ACCORDINGLY, ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, CISCO'S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. The enforceability of these limited warranties may vary based on the local laws applicable to you, and you may have additional rights depending on where you live. For example, in Australia, the Software comes with statutory guarantees, including as to quality and fitness for purpose, which cannot be excluded or limited.This Agreement is not intended to and does not:
Certain legislation, including the Australian Consumer Law and the Consumer Guarantees Act 1993 (New Zealand) may imply warranties or conditions, or impose guarantees or obligations on Cisco, which operate to protect certain Australian and New Zealand purchasers of goods and services in various circumstances ("AU/NZ Applicable Laws"). Nothing in this Agreement excludes, restricts or modifies any condition, warranty, guarantee, right or remedy implied or imposed by any AU/NZ Applicable Laws which cannot lawfully be excluded, restricted or modified. If any condition, warranty or guarantee is implied into this Agreement or imposed on us under AU/NZ Applicable Laws and cannot be excluded, but Cisco is permitted by an AU/NZ Applicable Law to limit Cisco’s remedy for a breach of such a condition, warranty or guarantee, then the liability of Cisco for breach of the condition or warranty is limited to one or more of the following, at Cisco’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
General Exclusions and Limitations of Liability In some jurisdictions and circumstances, it is possible to change or exclude warranties, conditions or guarantees implied or imposed by law and/or to otherwise limit Cisco’s liability to consumers. Only in those jurisdictions where it can lawfully do so, and to the full extent that it is allowed by law to do so, Cisco and/or Cisco’s distributors, contractors and agents:
b) loss of the ability to use any third party products, software or services, and
c) any indirect, consequential, special, incidental or punitive loss or damages, which arises under any law (including the law of negligence) and relates to your use, or inability to use the Software, or any related services. This exclusion applies even if Cisco and/or its distributors, contractors and/or agents have been advised of the possibility of such damages and even if any warranty or remedy provided under this Agreement fails of its essential purpose; and
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO "INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGES" SHALL MEAN ANY LOSSES WHICH
i. WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR
NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF CISCO OR ITS DISTRIBUTORS, CONTRACTORS OR AGENTS IN RELATION TO DEATH OR BODILY INJURIES CAUSED BY THEIR NEGLIGENCE. IN ADDITION, THESE LIMITATIONS SHALL NOT APPLY TO (I) EITHER YOUR OR CISCO’S LIABILITY FOR FRAUDULENT MISREPRESENTATION; AND (II) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Export Control Laws. You agree that the use of the Software is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Software or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
U.S. Government Users. The Software and user documentation qualify as "commercial items" as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software and user documentation with only those rights herein that apply to non-governmental customers. Use of either the Software or user documentation or both constitutes agreement by the Government that the Software and user documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.
For Blackberry Device Users. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL RESEARCH IN MOTION LIMITED OR ANY OTHER ENTITY THAT OPERATES OR CONTROLS A BUSINESS THAT DISTRIBUTES THE SOFTWARE THROUGH THE BLACKBERRY APP WORLD HAVE ANY LIABILITY IN RELATION TO THE SALE, DISTRIBUTION OR USE OF THE TECHNOLOGY OR THE PERFORMANCE OR NON-PERFORMANCE OF THE TECHNOLOGY. Research in Motion Limited and such other businesses are intended third party beneficiaries under this Agreement.
Governing Law. This Agreement will be governed by California law, without reference to conflict of laws principles. The state and federal courts of California shall have exclusive jurisdiction over any claim arising under, or in connection with, this Agreement. However, if you are a consumer and you live in a country where Cisco markets or promotes the Software, local law may require that certain consumer protection laws of your country of residence apply to some sections of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
Cisco, the Cisco logo, Flip, FlipShare, Flip Video, and the Flip Video logo are trademarks or registered trademarks of Cisco and/or its affiliates in the United States and certain other countries. All other trademarks mentioned in this document are the property of their respective owners.
(c) 2002-2012 Cisco Systems, Inc., and or its affiliates. All rights reserved.
Version Date: 27SEPT2012