SOFTWARE END USER LICENSE AGREEMENT

FLIP (TM) PRODUCTS

PLEASE REVIEW THIS AGREEMENT CAREFULLY.  BY CLICKING ON THE "I AGREE" BUTTON 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 "I AGREE" BUTTON 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 FULL REFUND WITHIN 90 DAYS OF THE DATE OF ORIGINAL PURCHASE.   

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, including services that allow you to send, download, stream, edit or post for sharing videos, pictures, comments and other materials (the "Services").  USE OF SERVICES IS SUBJECT TO "TERMS OF USE" FOUND AT http://flipshare.theflip.com/xx-XX/5.9/TermsOfUse.htm (THE "TERMS OF USE").  BY ACCEPTING THIS AGREEMENT, YOU ALSO AGREE TO THESE TERMS OF USE. 

What you may do:

* Operate the Software in the manner described in the user documentation for the Software.  
* Where the Software is provided for download onto a personal computer or mobile device, you can make as many copies of the Software as you reasonably need for your own use
* Make a back-up copy of the Software
* Permanently transfer all of your rights to use the Software to another person, so long as that person also agrees to be bound by this Agreement and you stop using the Software  

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.

What you may not do:

* Modify the Software or user documentation
* Lease or sublicense the Software or user documentation 
* Reverse engineer, disassemble or decompile the Software or otherwise try to reduce the Software to a human-readable form, except where such activity is permitted by applicable law or where Cisco is required to permit such activity under the terms of an applicable open source license
* Delete any copyright, trademark or other proprietary notices from the Software or user documentation
* Use the Software or user documentation to develop a competing product
* If the Software is firmware, copy the firmware or operate it separately from the Device onto which it is embedded 

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.  Cisco may, at its option, cause an upgrade or update to apply automatically.   

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 Policy.  For Canadian or European Economic Area customers, you are also consenting to the transfer of such information to a location outside Canada or the European Economic Area. 

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 Dispute Policy at http://flipshare.theflip.com/xx-XX/5.9/CopyrightDisputePolicy.htm.

Third Party Products and Services    Cisco may provide links to web sites or third-party products from within the Software. You understand that Cisco is not making any representations about these third-party products or the services offered by these web sites, including representations as to whether these products or services are of good quality, whether they function properly or whether they are legal.  You agree that your dealings with any third-party product or service provider are entirely between you and the third party provider and are not Cisco's responsibility in any way.  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.  

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.

Disclaimer of Liabilities  TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CISCO WILL NOT BE LIABLE FOR ANY LOST OR DAMAGED DATA, REVENUE OR PROFIT, OR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, ANY DEVICE CONTAINING THE SOFTWARE, OR ANY SERVICES PROVIDED WITH SUCH DEVICE OR SOFTWARE, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CISCO'S LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 

IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO "SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES" SHALL MEAN ANY LOSSES WHICH

i. WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR
ii. WERE KNOWN TO YOU BUT NOT TO US AND/OR
iii. WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.

THE LIMITATIONS DESCRIBED ABOVE WILL APPLY TO CISCO, ITS DISTRIBUTORS, CONTRACTORS, AND AGENTS AND EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. 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   The Software, including technical data, may be subject to U.S. export control laws and regulations and export or import regulations in other countries. You agree to comply strictly with all such laws and regulations.

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.

General Terms   If any portion of this Agreement is found to be void or unenforceable, the remaining provisions will remain in full force and effect.  This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere.   No changes to this Agreement will be binding unless in writing and accepted by Cisco and you.  However, the Terms of Use applicable to the Services and the contents of the Cisco Privacy Statement are subject to change in the manner described in each of those documents.

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.

If you are located in Australia or New Zealand, the following clause applies:

Part V of the Trade Practices Act (1974) (C'th of Australia), corresponding consumer protection provisions of Australian State and Territory legislation and the Consumer Guarantees Act 1993 (New Zealand) (together, "Applicable Laws") imply terms and warranties which operate to protect certain Australian and New Zealand purchasers of goods and services in various circumstances.  Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any Applicable Laws which cannot lawfully be excluded, restricted or modified.  If any condition or warranty is implied into this Agreement under Applicable Laws and cannot be excluded but the parties are permitted by an Applicable Law to limit Cisco's remedy for a breach of such a condition or warranty, 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.

Cisco, the Cisco logo, Flip, 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 or website are the property of their respective owners.

Copyright (C) 2002-2010 Cisco and or its affiliates. All rights reserved.
