Blackmagic Design Pty. Ltd.
License Agreement for all Desktop Video Products

IMPORTANT: Read this before installing this software. This is a legal contract 
between yourself and Blackmagic Design Pty. Ltd.  Before you click on the 
“Agree” button, it's important you carefully read the terms and conditions of 
this Agreement. By clicking on the “Agree” button, you are agreeing to be 
bound by these terms and are becoming a party to this Agreement. If you do not 
agree to all of the terms, click the “Disagree” button and do not install or 
use this software.

1.  Subject to payment of applicable license fees, Blackmagic Design Pty. Ltd. 
("Blackmagic Design") hereby grants to you a non-exclusive license to use this 
software product (the "Software") and accompanying documentation on the terms 
below. The Software may be used on a single system only, and may be copied for 
archival purposes, provided any copy must contain all of the original 
Software's proprietary notices.

2.  Blackmagic Design makes no representations concerning the suitability for 
any purpose of the Software or about the accuracy of data or information made 
accessible by it. The Software is provided “as is” without express or implied 
warranties, including but not limited to implied warranties of merchantability 
and fitness for a particular purpose or non infringement of intellectual 
property rights of third persons. Blackmagic Design assumes no liability for 
any damages (whether direct, incidental or consequential) suffered by you or 
any third person as a result of use of the Software. SOME STATES DO NOT ALLOW 
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND 
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY 
JURISDICTION.  LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO 
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BLACKMAGIC DESIGN OR ITS 
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, 
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN 
NO EVENT WILL BLACKMAGIC DESIGN BE LIABLE FOR ANY DAMAGES IN EXCESS OF 
BLACKMAGIC DESIGN'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF 
BLACKMAGIC DESIGN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, 
OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT 
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW 
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION 
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND 
EXCLUSION MAY NOT APPLY TO YOU.

3.  Content accessed through or created by this Software is the property of 
the applicable content owner and may be protected by applicable copyright or 
other intellectual property laws. This License Agreement conveys no rights to 
such content.

4.  Blackmagic Design has no obligation to issue any updates, revisions, 
corrections, new versions or manuals for this Software or otherwise to support 
this Software in any way.

5.  Blackmagic Design reserves the right at any time to alter prices, 
features, specifications, capabilities, functions, licensing terms, release 
dates, general availability or other characteristics of this Software.

6.  The Software is owned by Blackmagic Design or its suppliers. Title, 
ownership rights, and intellectual property rights in and to the Software 
shall remain in Blackmagic Design and/or its suppliers. You agree to abide by 
the copyright law and all other applicable laws of the Australia, United 
States and other applicable jurisdictions. You acknowledge that the Software 
in source code form remains a confidential trade secret of Blackmagic Design 
and/or its suppliers. You may not, permit unlicensed persons to use your copy 
of the Software, modify, translate, reverse engineer, decompile, disassemble, 
or create derivative works based on the Software, copy the Software, rent or 
lease, rights to the Software, or remove any proprietary notices or labels on 
the Software. 

7.  You may terminate this License Agreement at any time by destroying or 
erasing your copy of the Software. Your license will terminate automatically 
if you fail to comply with the limitations specified herein. Upon termination 
of this License Agreement, you agree to destroy or erase the Software. In the 
event of termination, the provisions of paragraphs 2 to 6 of this License 
Agreement will survive.

8.  This License Agreement shall be governed by the laws of the state of 
Victoria, Australia, and the applicable local law of such jurisdiction where 
Blackmagic Design's intellectual property rights may be infringed. The venue 
of any dispute under this License Agreement shall be the applicable state 
and/or courts of Victoria, Australia; except that Blackmagic Design may 
enforce its intellectual property rights before the competent courts of any 
jurisdiction where an act of infringement has occurred. Final decisions of the 
specified courts may be enforced in any court of competent jurisdiction.

9.  If any provision of this License Agreement is unenforceable, invalid, or 
violates applicable law, such provision shall be deemed stricken and shall not 
affect the enforceability of any other provision of this License Agreement.

10. This License Agreement sets forth the entire agreement between you and 
Blackmagic Design. No change, modification, addition, or amendment to this 
License Agreement shall be valid unless in writing and signed by an authorized 
officer of Blackmagic Design.

Copyright 2024 Blackmagic Design. All rights reserved. 'Blackmagic Design', 'Blackmagic', 'Blackmagic Cloud', 'DaVinci Resolve', 'Fusion', 'Fairlight', 'Ultimatte', 'HyperDeck', 'DeckLink', 'HDLink', 'Videohub', 'Intensity' and 'Leading the creative video revolution' are registered trademarks in the US and other countries. All other company and product names may be trademarks of their respective companies with which they are associated.

For further information please contact:

Blackmagic Design Pty. Ltd.
180 Bank St,
South Melbourne, 
Victoria, 3205
Australia.
www.blackmagicdesign.com
