Terms and Policies

Privacy Policy

Blueberry has produced this privacy statement in order to demonstrate our commitment to respecting your privacy and personal information. The policy below outlines the information that we may collect and how we may use it.

Who are we?

Blueberry Consultants is a custom software development company formed in early 1997. Blueberry’s head office and registered address is at 204 Scott House, The Custard Factory, Gibb Street, Birmingham, B9 4AA.

FBRewind Application – Problem Reporting

Users that experience problems with Rewind have the option of sending log files to Blueberry in order to assist us in diagnosing and solving the issue. The log files contain only information about the execution of Rewind and no personally identifiable data. Log files are only sent in response to users selecting the Problem Reporting feature in the FlashBack user interface and are not sent automatically.

This Website

How we gather and use Personal Information

Blueberry will not collect any personally-identifiable information about you (e.g. name, address, e-mail address, credit card number, expiration date) without you agreeing to provide it to us on a voluntary basis. We will collect information when you sign up for any of our services. We may store and process this information to better understand your needs and to personalise your experience as a Blueberry customer. We may also monitor user traffic patterns and use of our site with this information to help improve the design, layout and content.

Our use of cookies

Like many websites, we sometimes use text files known as ‘cookies’ to gather information, which helps us to provide useful features to our customers and give you the best experience on our website. We can also use these cookies to record how often you visit the site and the areas you visit within it. Although they can identify a user’s computer, cookies themselves do not personally identify users. You can set your browser to refuse cookies if you wish to. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on the Blueberry website, however, you may not be able to take full advantage of our website if you do.

Customers

As a nominated contact for a customer of Blueberry, we store and process:

Your contact details.
Communication sent between us.

This information will be retained for three years after your last communication with us.

This information is processed under the basis of Article 6(1)(f) – legitimate interest, of the EU general data protection regulation 2016/679 (GDPR). These regulations provide you with rights to request access to the information we hold about you, to request rectification of the information we hold about you, to erase the data we hold about you, to object to the processing of your information, and to lodge a complaint with the UK Information Commissioner’s Office.

We use data storage services provided by Amazon and email services provided by Microsoft and campaignmonitor.com.

Who has Access to your information?

Blueberry will not give or sell your personal information to any outside organisation for that organisation’s own use without your consent. We may on occasion, team up with other businesses to enable us to provide special services to you during which we will use this information but you will be given every opportunity to opt out of these beforehand.

Blueberry may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to a) conform with the law; b) protect and defend the rights or property of Blueberry, the site or the users of Blueberry sites, and c) act in circumstances where it is necessary to protect the personal safety of users of Blueberry, our sites or our users or other.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control and personal information collected by us is stored in secure operating environments that are not available to the public.

Data Deletion Policy

We will delete your personal data from our databases on request, except for data we are legally obliged to retain (e.g. records of purchases, for accounting and tax purposes).

Contact information

If you believe that Blueberry has not adhered to this Statement or you have any other comment, please contact Blueberry at [email protected].

Terms of Use

The terms for using Rewind are in our End User Licence Agreement.

FBRewind EULA

END USER LICENSE AGREEMENT AND WARRANTY DISCLAIMER

This is a legally binding contract between you, the end user, and BLUEBERRY CONSULTANTS LTD.

BLUEBERRY CONSULTANTS LTD (“Blueberry” or “LICENSOR”) LICENSES THE ENCLOSED SOFTWARE TO YOU (“USER” or “LICENSEE”) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. By installing the Software, you agree to be bound by the provisions of this EULA.

LICENSE AND WARRANTY

The software that accompanies this license is the property of Blueberry or its licensors, and is protected by copyright and other intellectual property law. Although Blueberry at all times owns the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by an addendum which may accompany or be added to this license, your rights and obligations with respect to the use of this Software are as follows:

1. FBRewind is licensed per-computer. You may only allow the specified number of computers to use the Software and documentation, as indicated as “Quantity” or “Number of Licenses” on the invoice, quotation or electronic confirmation issued by Blueberry. If you have purchased a site license, please see the section below.

2. After written notice to Blueberry, you may transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement.

3. FBRewind is licensed per-version. A purchased license permits the use of a specific version only. The purchased version is shown on the invoice, quotation or electronic confirmation issued by Blueberry.

4. Licenses are valid for an indefinite period of time. The exception to this is annually renewed site licenses.

You may not:

1. Rent, lease, distribute, license, or otherwise transfer the Software or its documentation to any other party. Licensee may make a reasonable number of back-up copies for archival purposes only. The Software contains copyrighted material, trade secrets and other proprietary material. If Licensee has the right to duplicate the Software for multiple Users, then Licensee must reproduce on all such copies of the Software the copyright notices and any other proprietary legends that were on the original copy of the Software; or

2. Decompile, reverse engineer, disassemble, make any attempt to discover the source code of the Software or otherwise reduce the Software to a human perceivable form, or to modify, network, or create derivative works based upon the Software or the documentation in whole or in part, nor permit any other party to do so.

3. Remove, alter or obscure any proprietary notice of FBRewind, Blueberry or its affiliates, partners, suppliers, or licensors of the application.

4. Use the Software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Blueberry.

Site Licenses

If you’ve purchased a site licence from Blueberry, it can be used at the sites and by the employees agreed between the licensed organisation and Blueberry at the time of purchase.

Use of Movies Created by FBRewind

You have full rights to the movies you create and can use them for commercial purposes. If we believe that the terms of the licence are being broken in this way, we may withhold support.

Data Protection

The user is responsible for ensuring that Rewind is not used in a way which may constitute a breach of personal privacy.

Technical Support

Blueberry provides standard technical support for all users of FBRewind, including access to the FAQ and articles on our website and support by email. Blueberry is not obliged to provide technical support for users beyond this.

Blueberry provides optional implementation and configuration support for an additional fee, payable annually. Site license customers must nominate users to be the contact point with the Blueberry support team. Blueberry may use technical information you provide to Blueberry for Blueberry’s product support, development, and other business purposes. Blueberry will not utilize such technical information in a form that personally identifies you.

Thirty Day Money Back Guarantee

If you are the original Licensee of this copy of the Software and are dissatisfied with it for any reason, you may have a full refund at any time during the thirty-day period following the delivery to you of the Software.

Termination

This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of the Software and its documentation. This License will terminate immediately without notice from Blueberry if Licensee fails to comply with any provision of this License. Upon termination, Licensee must delete all copies of the Software and its documentation and cease and desist from any further use of the Software.

Limited Warranty

Blueberry warrants that the Software shall perform substantially as described in its documentation for a period of thirty (30) days from purchase. Your sole remedy in the event of a breach of this warranty will be that Blueberry will, at its option, refund the money you paid for the Software. Blueberry does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be wholly free from defects, errors and bugs. Blueberry does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.

The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement. This warranty gives you specific legal rights. You may have other rights.

Disclaimer of Damages

Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Blueberry be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if Blueberry has been advised of the possibility of such damages. In the case of consequential or incidental damages, Blueberry’s liability shall not exceed the purchase price for the software. In the case of direct damages, Blueberry’s liability shall not exceed two (2) times the purchase price for the software. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

General

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 Consultants Limited, 204 Scott House, The Custard Factory, Gibb Street, Birmingham B9 4AA UK.

——————————————————-
About The Cisco-Provided Binary of OpenH264 Video Codec
——————————————————-

Cisco provides this program under the terms of the BSD license.

Additionally, this binary is licensed under Cisco’s AVC/H.264 Patent Portfolio License from MPEG LA, at no cost to you, provided that the requirements and conditions shown below in the AVC/H.264 Patent Portfolio sections are met.

As with all AVC/H.264 codecs, you may also obtain your own patent license from MPEG LA or from the individual patent owners, or proceed at your own risk. Your rights from Cisco under the BSD license are not affected by this choice.

For more information on the OpenH264 binary licensing, please see the OpenH264 FAQ found at http://www.openh264.org/faq.html#binary

A corresponding source code to this binary program is available under the same BSD terms, which can be found at http://www.openh264.org

———–
BSD License
———–

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

—————————————–
AVC/H.264 Patent Portfolio License Notice
—————————————–

The binary form of this Software is distributed by Cisco under the AVC/H.264 Patent Portfolio License from MPEG LA, and is subject to the following requirements, which may or may not be applicable to your use of this software:

THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM

Accordingly, please be advised that content providers and broadcasters using AVC/H.264 in their service may be required to obtain a separate use license from MPEG LA, referred to as “(b) sublicenses” in the SUMMARY OF AVC/H.264 LICENSE TERMS from MPEG LA found at http://www.openh264.org/mpegla

———————————————
AVC/H.264 Patent Portfolio License Conditions
———————————————

In addition, the Cisco-provided binary of this Software is licensed under Cisco’s license from MPEG LA only if the following conditions are met:

1. The Cisco-provided binary is separately downloaded to an end user’s device, and not integrated into or combined with third party software prior to being downloaded to the end user’s device;

2. The end user must have the ability to control (e.g., to enable, disable, or re-enable) the use of the Cisco-provided binary;

3. Third party software, in the location where end users can control the use of the Cisco-provided binary, must display the following text:

“OpenH264 Video Codec provided by Cisco Systems, Inc.”

4. Any third-party software that makes use of the Cisco-provided binary must reproduce all of the above text, as well as this last condition, in the EULA and/or in another location where licensing information is to be presented to the end user.