Quobi End User License Agreement (“EULA”)
IMPORTANT – PLEASE READ CAREFULLY

This is a legal agreement between you and Binary Brothers Limited (“BBL”), and covers all your use of the Quobi Software and Website (collectivity the “Service”). “You” shall mean you, the user of the Service. “We/Us/Our” means BBL. By using the Service you accept the following.

Jurisdiction’s Restrictions:
If the law of your country prohibits you from downloading or using the Quobi Software because our products are not allowed in your country then please do not use it.

License and Restrictions:
Subject to the terms of this Agreement, BBL hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Quobi Software on your computer. For the avoidance of doubt, you are allowed to use Quobi Software at work, in accordance with the terms of this Agreement. The Quobi Software is the software distributed by BBL, including without limitation the Quobi UI and documentation (online or offline), as well as any future programming fixes, updates and upgrades thereof.

You will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Quobi Software or any part thereof. You may not sell, grant a security interest in or transfer reproductions of the Quobi Software to other parties in any way, nor to rent, lease or license the Quobi Software to others without the prior written consent of BBL.

Ownership:
Any and all title, ownership rights and intellectual property (“IP”) rights to or arising from the Quobi Software and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and any related documentation) are and shall remain the exclusive property of BBL and/or its licensors.

Nothing in this Agreement intends to transfer any such IP rights to, or to vest any such IP rights in, you. You are only entitled to the limited use of the IP rights granted to you in this Agreement. You will not take any action to jeopardise, limit or interfere with BBL’s IP rights. Any unauthorised use of BBL’s IP rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP rights in and to any third party content that is not contained in the Quobi Software, but may be accessed through use of the Quobi Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

Privacy:
For disclosures relating to the collection and use of your information please see the Quobi Privacy Policy at www.quobi.com/privacy.php

Registering:
To unlock all the features of the Quobi Software you must register for a Quobi account via the website by providing your details, including but not limited to, your name, email address and password. Once you have registered you must pay the shown registeration fee after which your account will be assigned a fixed number of unlocks that can be used to unlock the Quobi Software features. To request an unlock code you must login in to your account via the Quobi website. The remaining number of unlocks assigned to your account will displayed to you after you login. The number of unlocks assigned to your account may be changed at any time by BBL in its sole discretion.

To unlock the Quobi software you will need an active internet connection. As long as you use the Service, you agree it is your responsibility to ensure you have the necessary software and hardware to provide an active internet connection. If you do not have an active internet connection you will be unable to unlock the Quobi software.

If you use up all of your assigned unlocks you will no longer be able to unlock Quobi Software. In this event it will be your responsibility to contact BBL via the Quobi Website to request additional unlocks. It is entirely up to BBL in its sole discretion to decide whether to provide additional unlocks and BBL reserves the right to charge a fee for additional unlocks. BBL will not accept any liability in relation to the direct or indirect damages caused by the refusal to provide additional unlocks.

Third Party Sites and Services:
The Service may allow you to interact with third-party Web sites and Web services (“Link(s)”). The Links are not under the control of BBL and BBL is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. BBL is not responsible for any form of transmission sent to or received from any Link, nor is BBL responsible if the Link is not working appropriately. BBL is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by BBL of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

Quality of Recordings:
Installing Quobi Software enables you to record your PC, console (capture device required), and flash games. BBL cannot guarantee and gives no warranties that you will always be able to record your games, nor can BBL guarantee that you can record without disruptions, file corruptions or compression-related flaws or that all your recordings shall always be complete. BBL will not be liable for any such disruptions, corruptions or other omissions in any recordings experienced when using the Quobi Software.

Utilisation of Your Computer:
The Quobi Software may utilise the processor of the computer (or other applicable devices) you are utilising, for the limited purpose of facilitating the recording of your games. The Quobi Software will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable devices) you are utilising, however BBL cannot give any warranties in this respect.

New Versions and Updates:
BBL, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Quobi Software. BBL, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Quobi Software, and/or disable any Quobi Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, BBL will not accept any liability in relation to the direct or indirect damages caused by the release and/or the absence of release of new versions of the Quobi Software.

Electronic Notices:
You consent to BBL providing you any information regarding the Service in electronic form. BBL may provide such information to you via e-mail at the e-mail address you specified when you registered for the Service or by access to a Quobi Website. As long as you access and use the Service, you agree it is your responsibility to ensure you have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of the Service.

Customer Support:
BBL may, but is not required to, provide you with customer support (“Support”). Unless you have entered into a separate written support agreement with BBL with respect to the Service, BBL may terminate any Support it provides at any time in its sole discretion.

Authorised third-party software that uses the Service is not supported by BBL and you should contact the provider of such software for support, if any.

No Unlawful or Prohibited Use:
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Service in your country, including applicable rules that govern the export or import of software. You will use the Service solely for lawful purposes. You are responsible for all activities that occur in your Quobi account (if registered). You agree to notify BBL immediately of any unauthorised use of your account or breach in security known to you related to the Service.

Indemnification:
You agree on demand to indemnify, defend and hold BBL, affiliates and BBL employees harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your, or any other user of the Service using your computer or identity, (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Service.

Term and Termination:
This Agreement will be effective as of the date you first install Quobi Software and will remain effective until terminated by either BBL or you as set forth below.

You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, BBL may limit, suspend, or terminate this license and your use of the Service with immediate effect, if we think that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. BBL shall effect such termination by providing notice to you to the email address you have provided (if any), and/or by preventing your access to your account (if registered).

Upon termination of this Agreement, (a) all licenses and rights to use the Service shall immediately terminate, and (b) you will immediately cease any and all use of the Service, and (c) you will immediately remove the Quobi Software from all hard drives, networks and other storage media and destroy all copies of the Quobi Software in your possession or under your control.

BBL will not be liable in respect of any damage caused by the termination of this Agreement.

Disclaimer of Warranties and Limitation of Liability:
THE SERVICE AND THE QUOBI SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITH NO WARRANTIES WHATSOEVER; BBL DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. BBL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES BBL WARRANT ANY QUALITY OF RECORDINGS MADE THROUGH THE QUOBI SOFTWARE. BBL MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

YOUR ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE QUOBI SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT BBL, ITS AFFILIATES, ITS LICENSORS AND THE BBL EMPLOYEES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE QUOBI SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH QUOBI SOFTWARE.

IN NO EVENT SHALL BBL, ITS AFFILIATES, ITS LICENSORS OR THE BBL EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR CORRUPTION OR LOSS OF USE, DATA, HARDWARE OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, EVEN IF BBL, ITS AFFILIATES OR THE BBL EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS SET FORTH ABOVE, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT THE LIABILITY WILL BE LIMITED AS FAR AS LEGALLY POSSIBLE UNDER THE APPLICABLE LEGISLATION.

Modifications and Updates of this Agreement:
BBL reserves the right to modify this Agreement at any time by publishing the revised Agreement on the Quobi Website and such modifications shall be effective immediately. You are responsible for regularly reviewing the EULA. The most recent version of the EULA can be found at www.quobi.com/eula.php. Your continued use of the Service affirms your agreement to the terms of this Agreement and any changes.

BBL is not obligated to provide updates or improvements to the Service. However, if BBL, in its sole discretion, updates or improves the Service, the terms of this Agreement shall apply to such updates and improvements unless expressly noted otherwise.

Miscellaneous:

• (a)Entire Agreement:
The terms and conditions of this Agreement constitute the entire agreement between you and BBL with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.


• (b)Partial Invalidity:
Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.


• (c)No Waiver:
If BBL does not take action against all breaches of these Agreement, it does not mean that is waives its right at a later time to enforce the same.


• (d)Assignment:
You are not allowed to assign this Agreement or any rights hereunder. BBL is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.


• (e)Applicable Law and Competent Court:
This Agreement shall be governed by and construed in accordance with the laws of England and you hereby attorn to the jurisdiction of the courts of England.


• (f)Language:
The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

© Binary Brothers Limited - Last Updated: January 2009